E. B. & A. C. Whiting Co.

National Labor Relations Board - Board DecisionsJul 14, 1944

57 N.L.R.B. 339 (N.L.R.B. 1944)

0 In the Matter of E. B. & A. C. WHITING COMPANY and AMALGAMATED CLOTHING WORKERS OF AMERICA, C. I. O. Case No. 1-R-1881.Decided July 14, 19441 Mr. li (bjzu0ul, T. Blake, of Boston, Mass., for the Company. Mr. Anthony-Jenkins, of Burlington, Vt., for the Union. Mr. Loris Cokin,, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Amalgamated Clothing Workers of America, C. I. O., herein called the Union, alleging that a question affecting, commerce had arisen concerning' the representation of em- ployees of E. B. & A. C. Whiting Company, Burlington, Vermont, herein -called the Company, the. National Labor -Relations Board provided for an appropriate hearing upon due notice before Samuel G. 'Zack, Trial Examiner. Said hearing was held at Burlington, Vermont) on June 6, 1944. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bear- ing on time issues. During the course of the hearing the Company moved to dismiss the petition. The Trial Examiner reserved ruling thereon. The motion is hereby denied. The Trial Examiner's rul- ings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY E. B. &,A. C. Whiting Company operates a plant at Burlington, Vermont, where it is engaged in the manufacture of fibres for brushes.- The Company purchases raw materials valued in excess of $100.000 " 57 N L R B, No 62. 339 I 340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD annually, 50 percent of. which is shipped to it from points outside the State of Vermont. The Company manufactures products valued in excess of $100,000 annually, about 90 percent of which is shipped to points outside the State of Vermont. .The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Amalgamated Clothing Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. -III. THE QUESTION CONCERNING REPRESENTATION The Company refuses- to recognize the Union as the exclusive col- lective bargaining representative of its employees until such time as the Union isâ€¢certified by the Board. The Company contends that the petition should be dismissed be- cause an election, was held on January 27, 1944, at which time the employees voted against union representation, and further that the Union has no jurisdiction over the Company's employees. With re- spect to the latter contention, we have consistently held that the trade jurisdiction of a labor organization does not preclude it from seeking to act on behalf of employees in another industry or trade, if so selected by the employees.' The election of January 27, 1944, was held pursuant to a petition filed by Textile Workers Union of America, C. I. O. Although a representative of the Union was present at the hearing preceding the January 27; 1944, election, the Union failed to intervene. The Com- ,,pany argues that the Union is now estopped to proceed at this time. We find-the position of the Company to be untenable. We have often held that even the same labor organization may file a new petition avithin less than a year after an election where it is able to show that it has been, designated by a substantial number of employees in the unit involved after the prior election. In the instant proceeding, aState - ment of the Field Examiner of the Board, introduced into evidence' at the hearing,'shows that the Union has been. authorized by 166 em- ployees to represent their. There are, approximately 295 employees in the unit hereinafter found to be,appropriate:. One hundred sixty- three of the Union's cards are dated in March or April 1944. We find that a question affecting commerce has arisen' concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and.(7) of the Act. See Matter of hlcLouth Steel Corporation , 30 N L R B. 1000 , and cases cited therein. E. B. & A. C. WHITING COMPANY IV. THE APPROPRIATE UNIT 3.41 We find, in substantial agreement with a stipulation of the parties, that all production and maintenance employees of the Company who are paid on a piece-rate or hourly basis, including watchmen ,2 but ex- cluding office and clerical employees, executives, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees; or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section'9 (b) of the Act. V. THE DETERMINATION OF' REPRESENTATIVES ' We shall direct that the question concerning representation which, has arisen be resolved by means of an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction.- , DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor-Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining `vith E. B. & A. C. Whiting Company, Burlington, Vermont, an election by secret ballot shall be conducted as early as possible, but not later than 'thirty (30) days from the date' of this Direction, under the direction and super- vision of the Regional Director, for, the First Region,' acting in this- matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate-in Section IV, above, who were employed during the pay-roll period immediately preceding the elate of this Direction, including employees who did not work during said pay-roll period because they were ill or on vaca- tion or temporarily laid off, and including employees in the armed forces of the United States who present, themselves in person at the polls, but excluding any who have since quit or been discharged for cause, and have not been rehired or reinstated prior to the date of the election, to determine whether or not they, desire to be`represented by Amalgamated Clothing Workers of America, affiliated with the Con- gress of Industrial Organizations, for the purposes of , collective bargaining. t r 2 The watchmen are not militarized.