Hudson Worsted Co.

National Labor Relations Board - Board DecisionsAug 18, 1945

63 N.L.R.B. 402 (N.L.R.B. 1945)

In the Matter Of HUDSON WORSTED COMPANY and DEPARTMENT OF WOOLEN AND WORSTED WORKERS OF THE UNITED TEXTILE WORKERS OF AMERICA, A. F. OF L. Case No.1-R-'24D5.Decided August 18,1945 Mr. Richard Comerford, of Leominster, Mass., for the Company. Mr. Joseph Sylvia, of Lawrence, Mass., for the A. F. L. Mr. William J. Bowes, of Worcester, Mass., for the C. I. O. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Department of Woolen and Worsted Workers of the United Textile Workers of America, A. F. of L., herein called the A. F. L., alleging that a question affecting commerce had arisen concerning the representation of employees of Hudson Worsted Company, Hudson, Massachusetts, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Leo J. Halloran, Trial Examiner. Said hear- ing was held at Hudson, Massachusetts, on June 23, 1945. The Com- pany, the A. F. L., and Textile Workers Union of America, C. I. 0., herein called the C. I. 0., appeared and.participated. All parties 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 an oppor- tunity 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 Hudson Worsted Company, a Massachusetts corporation, with its principal office and place of business located at Hudson, Massachusetts, 63 N. L. R. B., No. 60. 402 HUDSON WORSTED COMPANY 403 operates and maintains three plants in this vicinity with which we are concerned herein. The Company receives approximately 600,000 pounds of raw materials each week from points within the Common- wealth of Massachusetts and weekly finishes approximately 300,000 pounds of "tops," of which approximately 75 percent is shipped to points outside the Commonwealth. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED Department of Woolen and Worsted Workers of the United Textile Workers of America, affiliated with the American Federation of Labor, and Textile Workers Union of America, affiliated with the Congress of 'Industrial Organizations, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize either of the labor organizations involved herein absent certification by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the A. F. L. represents a substantial number of employees in the unit hereinafter found appropriate.' 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 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT Substantially in accordance with the agreement of the parties at the hearing, we find that all production and maintenance employees of the Company at its Hudson plants, including watchmen, but excluding executives, overseers, second-hands, main office employees, guards, and 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 appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. ' The Field Examiner reported that the A F L. submitted 269 designations, the C. I 0. submitted 37 designations, and that there were approximately 586 employees in the unit hereinafter found appropriate. . 662514-46-vol. 6 3-2 7 404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Hudson Worsted Company, Hudson, 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 supervision 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 employ- ees 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 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 they desire to be represented by Department of Woolen and Worsted Workers of the United Textile Workers of America, affiliated with American Federation of Labor, or by Textile Workers Union of Amer- ica, affiliated with the Congress of Industrial Organizations , for the purposes of collective bargaining, or by neither. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.