Pacific Mills, Cocheco Division

National Labor Relations Board - Board Decisions

Dec 1, 1938

10 N.L.R.B. 26 (N.L.R.B. 1938)

In the Matter of PACIFIC MILLS, COCHECO DIVISION and DOVER INDE-
PENDENT TEXTILE WORKERS' UNION
Case No. R-1090.-Decided December 1, 1938
Textile Indastr y-Investigatiou of Representatives: controversy concerning
representation of employees: rival organizations; controversy between craft
and industrial unions concerning appropriate units-Units Appropriate for
Collective Bargaining: separate unit of loomfixers ; separate unit of production
and maintenance employees, including watchmen, but excluding •loomfixers, and,
supervisory, office, and clerical employees-Rep? esentatty es: proof of choice:
concession of parties and verification of membership rolls by agent of Board-
Certification of Representatives: upon proof of majority representation in
appropriate units.
Mr. Edward Schneider, for the Board.
Herrick, Smith, Donald ct Farley, by Mr. Malcolm Donald, of Bos-
ton, Mass., for the Company.
Mr. George E. Sherry, of Dover, N. H., for the Independent.
Mr. George Courteau, Mr. John S. Murphy, and Mr. George Dem-
ers, of Dover, N. H., for the Association.
Mr. Robert L. Condon, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 15, 1938, Dover Independent Textile Workers' Union,
herein called the Independent, filed with the Regional Director for
the First Region (Boston, Massachusetts) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of Pacific Mills, herein called the Company, at its
Cocheco Division plant, Dover, New Hampshire, and requesting an
investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On September 16, 1938, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c) of
the Act and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 1, as amended, ordered an in-
vestigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
10 N. L. R. B., No. 3.
26
DECISIONS AND ORDERS 27
On October 6, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company , upon the
Independent , and upon Dover Loomfixers ' Association , No. 1, here- ,
in called the Association , a labor organization claiming to represent
employees directly affected by the investigation . On October. 10,
1938, a notice of postponement of the hearing was served upon all
the parties . Pursuant to the notice of -postponement , a hearing was
held October 18, 1938, at Dover, New Hampshire , before Herbert
Wenzel, the Trial Examiner duly designated by the Board. -The
Board and the Company were represented by- counsel , and the Inde-
pendent and the Association by their representatives . All parties
participated in the hearing . Full opportunity to'be heard, to ex-
amine and cross-examine witnesses , and to introduce evidence bear-
ing on the issues was afforded all parties. 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
- The Company is a Massachusetts corporation engaged in the pro-
duction and sale of textile goods, including cotton, wool, and rayon.
Its principal office is in Boston, Massachusetts , and it maintains sales
offices in New York City ; Chicago, Illinois ; St . Louis, Missouri ; Los
Angeles, California ; and other metropolitan centers. The Company's
plants are located in Dover, New Hampshire ; Lawrence , Massachu-
setts; and Columbia and Lyman, South Carolina. This proceeding-
is concerned solely with the plant at Dover, New Hampshire , called
the Cocheco Division plant. -
The Cocheco Division plant manufactures print cloths and other
cotton and rayon cloths . During the year 1937 the raw materials
which it used in the course of production aggregated in value ap-
proximately $1,845,000, of which 90 per cent was brought to the
plant from outside the State of New Hampshire . It manufactured
in that period about 48,250 ,000 yards of cloth . Eighty-five per cent
of the total production was delivered to the plant of the Company in
Lawrence , Massachusetts , for finishing , and, in turn , 85 per cent of
the finished cloth was shipped to purchasers located in States other
than New Hampshire or Massachusetts . -The Cocheco Division plant
has approximately 1,500 employees.
28 NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Dover Independent Textile Workers' Union is an unaffiliated labor
organization , admitting to membership all employees of the Cocheco
Division plant of the Company, except supervisory, office, and clerical
employees.
Dover Loomfixers' Association, No. 1, is an unaffiliated labor or-
ganization admitting to membership all the loomfixers employed at
the Cocheco Division plant.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to May 12, 1933, two labor organizations existed among the
employees at the Cocheco Division plant. One, the predecessor of
the Independent, admitted to membership only doffers. The other,
the Association, admitted only loomfixers. On May 12 the doffers
through their organization made a, demand on the Company for a
25-percent increase in wages. When this was refused, the doffers
went on strike. The unorganized employees, of the Company, those
who were neither loomfixers nor doffers, joined the strike. In nego-
tiating a settlement of the strike the doffers through their organiza-
tion acted as bargaining representative for the unorganized em-
ployees as well as the doffers, and shortly thereafter reorganized into
an industrial union, admitting to membership all employees, other
than loomfixers, and office and clerical employees. Their organiza-
tion thus became the Independent. In September 1936 the Inde-
pendent amended its bylaws and constitution to make loomfixers
eligible for membership.
The Association was organized at the plant in 1900. Although it
has never entered into a formal written contract with the Company,
it has represented the loomfixers in their bargaining for a period of
more than 20 years preceding the hearing. There has existed friction
between the Independent and the Association over the matter of ele-
vating employees to the position of loomfixers. The Association has
secured from the Company what is in practical effect a closed-shop
agreement, and its approval must be obtained before the Company
will promote an employee to become a loomfixer. The Independent
has no voice in the matter despite the interest of its members. The
Independent since 1934 has bargained for its members, and has had
an oral contract with the Company regarding the working condi-
tions of all employees, except loomfixers, and office and clerical em-
ployees. In 1937 it attempted to obtain from the Company a written
contract covering the working conditions of all employees eligible to
membership, including the loomfixers, and in connection therewith
sought to represent all such employees. The Company refused to
bargain with the Independent as representative of loomfixers, or to
DECISIONS AND ORDERS 29
make a contract concerning their employment, unless a majority of
the loomfixers so desired, or this Board should consider it proper.
This controversy was not settled, and the Independent filed the peti-
tion in this proceeding.
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 UNITS
In its petition the Independent alleged that all production and
maintenance employees of the Company at its Cocheco Division plant,
excluding supervisory, office, and clerical employees, constitute a unit
appropriate for purposes of collective bargaining. The Association
and the Company contend, however, that the loomfixers are improp-
erly included in such a unit; that they constitute a separate bargain-
ing unit by themselves. The loomfixers are responsible for keeping
the looms running. They make all necessary repairs; they install
new parts. In addition, they-do all the changing over of warps when
the,loom is to be used for a different type of fabric. The loomfixers
not only must have a certain mechanical aptitude, but must possess a
thorough knowledge of weaving. They are all skilled workers, being
among the highest paid employees in the plant, and generally serve
an apprenticeship varying in length from 9 months to 2 years. As
previously pointed out the Association has represented the loomfixers
for more than 20 years. Under these circumstances, we are of the
opinion that the loomfixers properly might be excluded from the unit
alleged in the petition and might constitute by themselves a separate
bargaining unit. However, the contention of the Independent that
they should be merged into the industrial unit is equally persuasive.
The successful record of the Independent in organizing an industrial
form of labor organization, and in acting on its behalf, leads us to
believe that it could effectively represent the looinfixers. Under these
circumstances, the determining factor is the desires of the employees
directly involved, the loomfixers.' As indicated below, an over-
1 See Matter of The Globe Machine and Stamping Co . and Metal Polishers Union, Local
No. 3; International Association of Machnn^sts, District No. 54; Federal Labor Union 18788,
and United Automobile Workers of America, 3 N. L R. B. 294.
30 NATIONAL LABOR RELATIONS BOARD
whelming majority of the loomfixers belong to the Association and
desire to be represented by it in the craft unit it claims to be appro-
priate. We therefore find it inappropriate to include the loomfixers
at the Cocheco Division plant of the Company within a unit com-
prising other employees. Since the Association appeared to urge the
appropriateness of the loomfixers as a separate unit and to establish
its representation of. a majority of the employees within such unit,
we shall consider this as a request for certification. Accordingly, we
will find that they constitute a separate appropriate bargaining unit.
We find that the loomfixers of the Company at its Cocheco Division
plant constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany at its Cocheco Division plant the full benefit of their right to
self-organization and to collective bargaining and otherwise effec-
tuate the policies of the Act.
The Company contends that the watchmen at the plant also should
be excluded from the unit which the Independent claims to be ap-
propriate. The watchmen perform property protection service and
also provide an amount of police service, principally when the plant
is not in operation. Although the watchmen are more closely iden-
tified with the management than other employees, we believe that they
should be included within the unit. The watchmen are entitled to
bargain about their working conditions, and they may delegate their
bargaining to an agent. The Independent, the only labor organiza-
tion concerned with this question, desires their inclusion, and the
record discloses that many are members of that organization. Under
these circumstances, we shall include them.2
We find that the production and maintenance employees of tho
Company at its Cocheco Division plant, including watchmen, but
excluding loomfixers, and supervisory, office, and clerical employees,
constitute a unit appropriate for the purposes of collective bargain-
ing and that said unit will insure to employees of the Company at
its Cocheco Division plant the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing it was conceded by all parties that the Association
had been designated as bargaining representative by virtually all the
loomfixers, and that the Independent had been designated by a ma-
jority of the employees in the unit excluding loomfixers which we
2 See Matter of Luckenbach Steamship Company , Inc., etc. and Gatemen, Watchmen
and Miscellaneous Waterfront Workers Union , Local 38-124; International Longshoremen's
Association, 2 N L R . B 181; Matter of Willys Overland Motors, Inc. and International
Union, United Automobile Workers of America, Local No. 12, 9 N L R B. 924.
DECISIONS AND ORDERS 31
have found to be appropriate. An examination by an agent of the
Board of the membership records of both unions established the
existence of the facts so conceded.
We find that the Association has been designated and selected by
a majority of the loomfixers of the Company at its Cocheco Division
plant as their representative for the purposes of collective bargaining.
It is, therefore, the exclusive representative of all employees in such
unit for the purposes of collective bargaining, and we will so certify.
We find that the Independent has been designated and selected by
a majority of the production and maintenance employees of the Com-
pany at its Cocheco Division plant, including watchmen, but exclud-
ing loomfixers, and supervisory, office, and clerical employees, as their
representative for the purposes of collective bargaining. It is, there-
fore, the exclusive representative of all employees in such unit for
the purposes of collective bargaining, and we will so certify.
Upon the basis of the foregoing 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 of Pacific Mills at its Cocheco Division plant,
Dover, New Hampshire, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. The loomfixers of the Company at its Cocheco Division plant
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor Re-
lations Act.
3. Dover Loomfixers' Association, No. 1, is the exclusive repre-
sentative of all employees in such unit for the purposes of collective
bargaining, within the meaning of Section 9 (a) of the National
Labor Relations Act.
4. The production and maintenance employees of the Company at
its Cocheco Division plant, including watchmen, but excluding loom-
fixers, and supervisory, office, and clerical employees, constitute a
unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
5. Dover Independent Textile Workers' Union is the exclusive
representative of all the employees in such unit for the purposes of
collective bargaining, within the meaning of Section 9 (a) of the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
32 NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY CERTIFIED that Dover Loomfixers' Association, No. 1,
has been designated and selected by a majority of the loomfixers of
Pacific Mills at its Cocheco Division plant, Dover, New Hampshire,
as their representative for the purposes of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act, Dover
Loomfixers' Association, No. 1, is the exclusive representative of all
such employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions of
employment.
IT IS HEREBY CERTIFIED that Dover Independent Textile Workers'
Union has been designated and selected by a majority of the produc-
tion and maintenance employees of Pacific Mills at its Cocheco Divi-
sion plant, Dover, New Hampshire, including watchmen, but ex-
cluding loomfixers, and supervisory, office, and clerical employees, as
their representative for the purpose of collective bargaining and that,
pursuant to the provisions of Section 9 (a) of the Act, Dover Inde-
pendent Textile Workers' Union is the exclusive representative of all
such employees for the purposes, of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions of
employment.