Frank G. W. McKittrick Co.

National Labor Relations Board - Board Decisions

May 15, 1946

67 N.L.R.B. 1423 (N.L.R.B. 1946)

In the Matter of FRANK G. W. MCKITraICK Co. and TEXTILE WORKERS.
UNION OF AMERICA, C. 1. O.
Case No. 1-R-29?1.Decided May 15, 1946
Mr. Paul R. Foisy, of Lowell, Mass., for the Company.
Mr. Hugh Brown, of Lowell, Mass., for the C. I. O.
Mr. Philip Salem, of Lawrence, Mass., for the A. F. L.
Mr. Arthwr Christopher, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon a petition duly filed by Textile Workers Union of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Frank G. W. McKittrick Co., Lowell, Massachusetts, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before C. Tracy Barnes, Trial Ex-
aminer. The hearing was held at Lowell, Massachusetts, on April 9,
1946. The Company, the C. I. 0., and Department of Woolen and
Worsted Workers of the United Textile Workers of America, A. F.
of L., herein called the A. F. L., appeared and participated. All par-
ties were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings 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
I. THE BUSINESS OF THE COMPANY
Frank G. W. McKittrick Co. is a Massachusetts corporation having
its principal place of business in Lowell, Massachusetts. Lowell
i The petition , record, and other formal papers were amended at the hearing to show
the correct name of the Company as given above.
67 N h. R. B., No. 193.
1423
1424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Woolen Mills, herein called Lowell, a department of the Company,
is alone involved in this proceeding. Lowell is engaged in the busi-
ness of spinning wool for customers who supply the raw material and
receive back the spun yarn. During 1945, about 65 percent of Lowell's
customers were located outside the Commonwealth of Massachusetts.
During this period Lowell received approximately $235,000 in coul-
missions for services rendered.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
Department of Woolen and Worsted Workers of the United Tex-
tile Workers of America is a labor organization, affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive bargaining representative of certain of the Company's
employees until the C. I. O. has been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of em-
ployees in the unit hereinafter found appropriate 2
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.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
employees of the Company at its Lowell Woolen Mills plant, including
shipping department helpers, but excluding office and clerical em-
ployees, overseers,3 shipping department supervisor, executives, - and
8 The Field Examiner reported that the C. I. O. submitted 49 membership cards and that,
of these cards , 38 bore the names of employees listed on the Company's pay roll of March
12, 1946. At the hearing the A. F. L., as evidence of its interest in this proceeding, sub-
mitted 45 cards, of which number the Trial Examiner found that 41 bore the names of
employees on the same pay roll . There are approximately 57 employees In the appropriate
unit.
3 This title includes the individuals in charge of each of the shifts In the spinning and
carding departments.
FRANK G . W. McKITTRICK CO. 1425
all other supervisory employees with authority to hire, promote, dis-
charge, discipline , or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Re-
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 3, as amended,
it is hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Frank G. W.
McKittrick Co., Lowell, Massachusetts, 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 sub-
ject 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 date of this Direction, including employees who did
not work during said pay-roll period because they were ill or on
vacation 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 those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether they desire to be repre-
sented by Textile Workers Union of America, C. I. 0., or by Depart-
ment of Woolen and Worsted Workers of the United Textile Workers
of America, A. F. of L., for the purposes of collective bargaining,
or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
692148-46-vol. 67--91