National Wool Marketing Corp.

National Labor Relations Board - Board Decisions

Dec 11, 1945

64 N.L.R.B. 1337 (N.L.R.B. 1945)

In the Matter of NATIONAL WOOL MARKETING CORPORATION and UNITED
TEXTILE WORKERS OF AMERICA (A. F. OF L.)
Case No. 1-R-559.-Decided December 11, 1945
Mr. Reuben Hall, of Boston, Mass., for the Company.
Mr. Frank Sgaanbato, of Providence, R. I., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Textile Workers of America,
A. F. of L., herein called the Union, alleging that a question affect-
ing commerce had'arisen concerning the representation of employees
of National Wool Marketing Corporation, Boston, Massachusetts,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before John W. Cod-
daire, Jr., Trial Examiner. The hearing was held at Boston, Massa-
chusetts, on August 8, 1945. The Company and the Union appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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
National Wool Marketing Corporation, a Delaware corporation
with its principal offices located at Boston, Massachusetts, is a co-
operative marketing organization, marketing wool in its raw state
for the account of associations of wool growers. For this purpose, it
operates 16 warehouses in the Greater Boston area, with which we are
64 N. L. R. B., No. 221.
1337
1338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
concerned herein. The annual business done by the Company with
respect to wool which is warehoused in this area amounts to approxi-
mately $10,000,000. All sales proceeds, less expenses of doing business,
are remitted by the Company to the wool producers. Approximately
95 percent of the raw wools marketed by the Company is derived
from sources located outside the Commonwealth of -Massachusetts,
and about 20 percent of the wool is disposed of to manufacturers whose
places of business are located outside the Commonwealth.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Textile 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 Union as the
exclusive bargaining representative of certain of its employees until
- the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial 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
The Union seeks a unit comprised of all wool handlers and graders
engaged at the Company's Greater Boston area warehouses, excluding
executives, office and clerical employees, janitors, maintenance em-
ployees, and supervisory employees. The Company contends, how-
ever, that all employees engaged in its warehousing activities in this
area except for the superintendent, the assistant superintendent, the
supervisor of accounting, the general manager and clerical employees,
should be included.
The Company employs nine checkers and weighers, whom the Union
would exclude for the sole reason that they are allegedly supervisory
employees. The record indicates that these employees are in charge of
3 The Field Examiner reported that the Union submitted 36 application cards bearing the
names of employees listed on the Company's pay roll. There are approximately 100 em-
ployees in the appropriate unit.
NATIONAL WOOL MARKETING CORPORATION 1339
crews of approximately five men, and in addition to their checking and
weighing duties, keep the time of their crew members and are respon-
sible for the completion of their work. However, they have no au-
thority to make recommendations affecting the status of their crews,
and merely act as conduits for the transmission of orders. They have
no authority to grant leave or to assign overtime work, and perform
manual labor alongside their crews. In view of these circumstances,
we are of the opinion that they are not supervisory employees, and we
shall include them.
The Union contends that George Growther and Arthur Warner are
office employees and should, therefore, be excluded from the unit. The
Company concedes that Growther occupies an office in a warehouse,
that his duties consist primarily of keeping records, and that he does
not handle wool. On the other hand, although Warner spends a part
of his time in clerical duties, the major portion of his working day is
spent in receiving and checking wool. We shall exclude Crowther,
but include Warner.
The Union asserts that Alphonse Bergland is a maintenance em-
ployee and requests his exclusion on that ground. The record indi-
cates that Bergland spends approximately 80 percent of his regular
working day on maintenance work and spends the balance of his
regular time and overtime in handling wool. Since this employee is
regularly engaged in handling wool we shall include him.
The Union seeks the exclusion of William West and Robert Snow
on the ground that they are janitors. The record indicates that West
is presently engaged full time in cleaning and sweeping, whereas
Snow does some wool handling and trucking in addition to janitorial
duties similar to those performed by West. It further discloses that
Snow soon expects to devote his full time to wool handling. We
shall exclude West but include Snow.2
The Company employs three graders, Walter Murphy, Thomas
Berry?, and M. Panit, whom it sends to its western warehouses for
approximately 3 months of the year, but who spend the balance of
their time at the Boston warehouses. Despite the Union's request for
their exclusion, we are of the opinion that they are properly part
of the unit.
The Company employs certain part-time workers who perform
work 2 days a week during the busy seasons in addition to holding
full-time positions elsewhere. In addition, it engages full-time sea-
sonal employees during its busy seasons. However, the employees
in these two groups vary from season to season, and their employ-
2 The record shows that Snow formerly worked full time at wool handling but, due to ill-
ness, was put on lighter work.
1340 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ment is completely dependent upon the immediate needs of the Com-
pany. In our opinion, these employees do not have the same inter-
ests as the regular permanent workers of the Company, and for this
reason, we shall exclude them.
We find that all wool handlers, graders, checkers, and weighers
engaged at the Company's warehouses in the Greater Boston Area,a
but excluding office and clerical employees,4 janitors, part-time and
seasonal employees, maintenance employees, executives, and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, 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 an election by secret ballot among 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 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 National Wool
Marketing Corporation, Boston, Massachusetts, an election by secret
ballot shall be conducted as early as possible, but not later than sixty
(60) 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 Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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
8 Including Warner , Bergland , Snow, Murphy , T. Berry, and Panit.
4 Including Growther.
NATIONAL WOOL MARKETING CORPORATION 1341
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 discharged for cause and have not been rehired or re-
instated prior to the date of the election, to determine whether or
not they desire to be represented by United Textile Workers of Amer-
ica, affiliated with the American Federation of Labor, for the purposes
of collective bargaining.
MR. JOHN M. HouSTON took no part in the consideration of the
above Decision and Direction of Election.