Lawrence Duck Co.

National Labor Relations Board - Board Decisions

Feb 25, 1946

65 N.L.R.B. 1356 (N.L.R.B. 1946)

In the Matter of LAWRENCE DUCK Co. and TEXTILE WORKERS UNION
OF AMERICA, C. I. O.
Case No. 1-R-2735.Decided February X5,1946
Mr. James H. Duin, of Phipps, Durgin c1 Cook, of Boston, Mass.,
and Mr. Charles McDu f fie, of Andover, Mass., for the Company.
Messrs. Arthur Brown, Michael Botellio, and Harold F. Ford, of
Lawrence, Mass., for the C. I. O.
Mr. Seymour M. Alpert, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
C. I. 0., herein called the Union," alleging that a question affecting
commerce had arisen concerning the representation of employees of
Lawrence Duck Co., Lawrence, Massachusetts, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before John W. Coddaire, Jr., Trial
Examiner. The hearing was held at Lawrence, Massachusetts, on
December 7, 1945. The Company and the Union appeared and par-
ticipated. 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 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
Lawrence Duck Co. is a corporation organized and doing business
under the laws of the Commonwealth of Massachusetts, with its place
of business located at Lawrence, Massachusetts. The Company is
1 The name appears as amended at the hearing
65 N. L. R. B., No. 224.
1356
LAWRENCE DUCK CO. 1357
engaged in the manufacture of cotton duck. The Company purchases
annually approximately 1,500,000 pounds of cotton yarn, at an approx-
imate value of $500,000, all of which is shipped to its Lawrence plant
from points outside the Commonwealth of Massachusetts. During a
similar period, approximately 93 percent of the finished products of
the Company is shipped by it to points outside the Commonwealth of
Massachusetts.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 19, 1945, the Union by letter notified the Company
that a majority of the Company's employees had designated the Union
to represent them for the purposes of collective bargaining and re-
quested a reply so that negotiations could be commenced. The Com-
pany did not reply to the Union's letter.2
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union 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 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the agreement of the parties at the hearing,
we find that all production and maintenance employees of the Com-
pany, including firemen, but excluding executives, office and clerical
employees, supervisory employees holding the rank of second-hands
and up, and any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
' In its brief , the Company contends that no question concerning representation exists
because the Company did not receive the Union's request for recognition until the day
following the filing of the petition alleging such a request and a refusal thereof. We
find this contention to be without merit. It is clear that a union may request recognition
while its representation petition is pending before the Board And the fact that the
Company disputes the Union ' s majority claim is sufficient proof that a question concerning
representation exists See Matter of Rock City Paper Box Company, Inc, 64 N L R B.
1527; Matter of Genco Mfg Co, not Inc ., a Co-partnership consisting of Louis Gensburg,
David Gensburg, and Meyer Gensburq , 29 N. L R. B 236
a The Field Examiner reported that the Union submitted 32 membership cards. There
are approximately 75 employees in the appropriate unit.
1358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of employees, 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.
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 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 Rela-
tions 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 Lawrence Duck
Co., Lawrence, 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 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 em-
ployees 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 Textile
Workers Union of America, C. I. 0., for the purposes of collective
bargaining.