Lonsdale Co.

National Labor Relations Board - Board Decisions

Oct 17, 1940

27 N.L.R.B. 910 (N.L.R.B. 1940)

O
In the Matter of LONSDALE COMPANY (RE LINCOLN BLEACHERY & DYE
WORKS DIVISION) and LINCOLN MUTUAL BENEFIT ASSOCIATION'
Case No . R4047.-Decided October 17, 1940
Jurisdiction: textile fabric bleaching, dyeing, and finishing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union; requests that certification be obtained;
election necessary.
Unit Appropriate, for Collective Bargaining : production employees including
employees in the bin-stock and shipping departments, truckers , yardman,
elevator man, box-shop employees, and laboratory employees, but excluding
supervisory and clerical employees , maintenance employees , watchmen, and
truck drivers.
Edwards & Angell, by Mr. William C. Waring, Jr., of Providence,
R. I., for the Company.
Mr. Martin J. Gill, of Central Falls, R. I., and Mr. Howard M.
Bowyer, of Saylesville, R. I., for the Association.
Mr. Alfred Udoff, of New York City, for the Federation.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 9 and July 30, 1940, respectively, Lincoln Mutual Bene-
fit Association, herein called the Association, filed with the Regional
Director for the First Region (Boston, Massachusetts) a petition
and an amended petition alleging that a question affecting com-
merce had arisen 'concerning the representation of employees of
Lincoln Bleachery & Dye Works Division of 'Lonsdale Company,
Lonsdale, Rhode Island, herein called the Company, and requesting
an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On August 19, 1940, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered
27 N. L. R. B., No. 149.
910
LONSDALE COMPANY 911
T
an investigation and authorized the Regional Director to conduct
it and to provide for an appropriate hearing upon due notice.
On August 20, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Asso-
ciation, and Federation of Dyers, Printers, Finishers & Bleachers of
America, herein called the Federation, a labor organization claiming
to represent employees directly affected by the investigation. On
August 24, 1940, the Regional Director issued a notice of postpone-
ment of hearing. Pursuant to notice, a hearing was held on Sep-
tember 9, 1940, at Providence,, Rhode Island, before Albert J. Hoban,
the Trial Examiner duly designated by the Board. The Company
and the Federation were represented by counsel, the Association by
its president all participated in the hearing. Full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. At the
commencement of the hearing and at the close of the hearing, coun-
sel for the Federation moved to dismiss the petition on the ground
that the Association was company dominated. The Trial Examiner
reserved ruling thereon. The motions are hereby denied. During
the course of the hearing the Trial Examiner made several rulings
on motions and on objections to the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner and finds that
no prejudicial errors were committed. The rulings are hereby
affirmed.
On September 25, 1940, the Federation filed a brief which the Board
has considered. -
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a Rhode Island corporation with its principal
office at Providence, Rhode Island. The Company operates four plants
in the State of Rhode Island and one at Seneca, South Carolina.,
This proceeding is concerned solely with one of its Rhode Island plants
known as Lincoln Bleachery & Dye Works Division, where it is
engaged in the bleaching, dyeing, and finishing of textile fabrics.
During 1939 the Company purchased raw materials for ,use in its
Rhode Island plants valued at approximately $1,600,000, all of which
were shipped to it from points outside the State of Rhode Island.
During this same period the Company sold finished products valued
at approximately $5,000,000, approximately 98 per cent of which were
shipped by it to points outside the State of Rhode Island. The Com-
pany admits that it is engaged in interstate commerce within the
meaning of Section 2 (6) and (7) of the Act.
912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Lincoln Mutual Benefit Association is an unaffiliated labor organiza-
tion, admitting to membership all the employees at the Lincoln
Bleachery & Dye Works Division of the Company, excluding super-
visory and clerical employees, and electricians.
Federation of Dyers, Printers, Finishers & Bleachers of America
is a labor organization affiliated with the Congress of Industrial
Organizations. It admits to membership the production employees
at the Lincoln Bleachery & Dye Works Division of the Company,
excluding supervisory, clerical, and maintenance employees.
M. THE QUESTION CONCERNING REPRESENTATION
During March 1940 the Association requested the Company to bar-
gain with it as the exclusive representative of the employees at its
Lincoln Bleachery & Dye Works Division. The Company refused to
bargain with the Association until it had been certified by the Board.
A statement of the Regional Director introduced at the hearing shows
that the Association and the Federation each represent a substantial
number of employees in the unit alleged by each to be appropriate.'
We find that a question has arisen concerning- the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
. We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Association and the Federation agreed that the appropriate
unit should include all production employees at the Lincoln Bleachery
& Dye Works Division of the Company, excluding supervisory and
clerical employees and electricians. However, as to certain other em-
ployees, they are in disagreement. The Company takes no position
as to what should constitute the appropriate unit. We shall consider
'The Regional Director's statement shows that 114 employees of the 234 employees on,
the July 27 , 1940, pay roll of the Company have designated the Association as their repre-
sentative and that 90 employees on this pay roll have signed authorization cards in the
Federation.
LONSDALE COMPANY 913
the specific groups sought, by the parties to be, included, and excluded
from the unit. '
Maintenance employees: The Association seeks to include within
the unit machine-shop employees, pipers, employees in the power
plant, carpenters, and the helpers in these classifications. The Fed-
eration desires their exclusion. These employees are mainly skilled
workers, have special training, and are engaged principally in the
operation and servicing of the plant's machinery. They are eligible
to membership in other craft unions. The Association, and the Fed-
eration -are in agreement, as pointed out above, as to the exclusion
of the electricians. We shall exclude all the maintenance employees
from the unit .2
Shipping-Department employees: The work 'of the employees: in
this department requires no special skill. The Federation desires
their exclusion from .the unit while the Association asks that they
be included. Although these employees are not engaged in actual
-production, conditions under which they work are similar. to those
of the production employees. No reason appears for their exclusion.
We shall include the shipping-department employees in'the unit.
Employees in the Bin-Stock Department: The Federation asks that
these employees be excluded from the unit, while.the Association asks
that they be included. The employees in this department work in
the storage room where they stock finished products in bins prior to
shipment by the Company. Their work requires no special skill, and
although they are not engaged in actual production, the conditions
under which they work are similar to those of the production' em-
•ployees. We shall include them in the unit.3
Watchmen: The Federation asks that watchmen be excluded from
the unit. The Association desires their inclusion. In accordance
with our usual practice in such circumstances, we shall exclude them.4
Truckers: The Federation asks that the truckers be excluded from
the unit. The Association desires their inclusion. These employees
work in the plant and are are engaged in the transportation of mate=
rials between departments in the plant. Their work is closely allied
to that of the production workers. No reason appears for their exclu-
sion. In view of these circumstances, we shall include the truckers
in the unit.' -
2 Matter of Armour and Company of Delaware and Federal Local Union No.' 21088 of
the American Federation of Labor, 26 N. L R. B. 1046
a See Matter of Hat Corp . of America and United Hatters, = Cap and Millinery Workers
International Union, 11 N. L R B. 1206. _
4 Matter of Armour & Co: and Amalgamated Meat Cutters and Butcher Workmen of North
-America; Local , No 235, 10 N L. R. B 912
' Matter of Miller Cereal Mills and Federal Labor Union No. 21576, Cereal, Flour, Feed
and Crain Workers, A. L: of L., 22 N. L . It. B 988. ,
323428-42-vol. 27-59
914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Yardman:. The Federation seeks to exclude the yardman from the
unit . The Association desires his inclusion. The yardman is charged
with the duty of taking care of the premises around the plant and the
Company's filter system. Since he is not eligible to membership in a
craft union, it is probable that, if excluded from the, present unit, he
would be denied representation for purposes of collective bargaining.
We will include the yardman in the unit.
Elevator man: The Association seeks to include within the unit the
elevator man. The Federation desires his exclusion. The, elevator
man is in charge of one of the elevators in the plant that is used solely
for transporting materials from one department of the plant to'another.
Although he is not engaged in actual production, the conditions under
which he works are similar to those of the production employees. We
shall include him in the unit.
. Employees in the Box Shop: The Federation asks that the'employees
in the box shop be excluded from the unit. The Association desires
their inclusion . These employees are engaged in the construction of
crates for shipping purposes. Although these employees are not en-
gaged in actual production, the conditions under which they work in
the plant are similar to those of the production employees. We shall
include them in the unit.
Truck Drivers: The Federation contends that -the truck drivers
should be excluded from the unit. The Association desires their inclu-
sion. These employees are engaged in transporting the finished prod-
ucts of the Company from its plant to other companies or to railroad
stations. These employees are obviously not closely allied to the pro-
duction workers and they are eligible to membership in another labor
organization . We shall exclude the truck drivers from the unit.'
Laboratory employees: The Association seeks to include these em-
ployees within the unit. The Federation desires their exclusion. The
Company makes its own soaps and softeners used in its production
processes. The laboratory workers are engaged in the production of
the soaps and softeners and also check the Company's operations. They
are employed in the same building with the production workers, re-
ceive the same rate of pay, and are not highly skilled. Although these
employees are not engaged in actual production, their duties are similar
to those of the production employees, and the conditions under which
they work are similar. We shall include them in the unit.'
We find that all production employees at the Lincoln Bleachery &
Dye Works Division of the Company, including employees in the bin-
6 See Matter of Swift & Co. and Committee for Industrial Organization, 11 N. L. R. B.
950. .
°'See Matter of Marlin -Rockwell Corporation and. Local No. 338, United Automobile
Workers of America , 5 N. L. R . B. 206. 1
I LONSDALE COMPANY 915,
stock, and shipping departments, truckers, yardman, elevator man,
box-shop employees, and laboratory employees, but excluding super-,
visory and clerical employees, maintenance employees, watchmen, and
truck drivers, constitute a unit appropriate for the purposes of collet
tive bargaining, and that such unit will insure to employees of the
Company the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre 2
sentation of employees of the Company can best be resolved by an
election by secret ballot. We shall direct-that the employees eligible'
to vote shall be those employees in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction herein, including employees who did not work during
such pay-roll period because they were ill or on vacation and employ=
ees who were then and have since been temporarily laid off, but
excluding those who have since quit or have been discharged for cause.
• Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting, commerce has arisen concerning the repre-
sentation of employees at the Lincoln Bleachery & Dye Works Divi-
sion of Lonsdale Company, Lonsdale, Rhode Island, within the mean-
ing of Section 9 (c) and Section 2 ( 6) and (7) of the National Labor
Relations Act.
2. All employees at the Lincoln Bleachery & Dye Works Division of
the' Company , including employees in the bin-stock , box-shop, and
shipping departments , truckers , elevator men, laboratory employees,
and yardman , but excluding supervisory • and clerical employees,
watchmen , truck drivers, electricians , carpenters , pipers, helpers, em-
ployees in the power plant , and employees in the machine shop, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of-Section 7 (b) of the National Labor Relations
Act.
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,
49 Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
916 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation authorized by, the Board
to ascertain representatives for the purposes of collective bargaining
with Lonsdale Company, Lonsdale, Rhode Island, 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, Section 9, of said Rules and-Regulations, among
all employees at the Lincoln Bleachery & Dye Works Division of the
Company who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees in the bin-
stock, box-shop, and shipping departments, truckers, elevator men,
laboratory employees, yardman, employees who did not work during
such pay-roll period because they were ill or on vacation, and employ-
ees who then were or have since been temporarily laid off, but exclud-
ing supervisory and clerical employees, watchmen, truck drivers, elec-
tricians, carpenters, pipers, helpers, employees in the power plant,
employees in the machine shop, and employees who have since quit or
been discharged for cause to determine whether they desire to be
represented by Lincoln Mutual Benefit Association or by Federation of
Dyers, Printers, Finishers & Bleachers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining, or by neither.
I