Powdrell & Alexander, Inc.

National Labor Relations Board - Board Decisions

Sep 11, 1942

43 N.L.R.B. 1271 (N.L.R.B. 1942)

In the Matter Of POWDRELL & ALEXANDER, INC. and-TEX TILE WORKERS'
UNION OF AMERICA (C. I. 0.)
Case No. R-4197. Decided September 11,1942,_,
Jurisdiction : cotton fabric manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary. • '
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at Company's six plants, excluding executives, employees having
the right to hire or discharge or to recommend hire or discharge, and clerical
employees. Stipulation as to.
Mr. Samuel Franklin and Mr. John E. Stone, of'New York City,
for the Company.
Mr. Joseph Leeds, of Hartford, Conn., for the Union.
Mr. Gilbert 'V. Rosenberg, of counsel to the Board.'
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended 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 em-
ployees of Powdrell & Alexander, Inc.,' Danielson, Connecticut, herein
called the Company, the National Labor Relations Board provided for,
an appropriate hearing upon due notice before Thomas H. Ramsey,•
Trial Examiner . Said hearing was held, on August '25, 1942, at
Danielson, ' Connecticut. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence
bearing upon the issues. The Trial Examiner's rulings, made at the'
hearing, ' are free from prejudicial error and are hereby affirmed.
The' Company originally was incorrectly named as "Pow drell & Alexander Company."
All formal papers were amended at the hearing , without objection , to set forth ' the
correct ' name of the Company, as stated above.
43 N. L. It. B., No. 202. -
i
1271
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Powdrell & Alexander , Inc., a Massachusetts corporation, is en-
gaged in the manufacture of cotton fabrics at six plants near Daniel-
son, Connecticut , all of which are involved in this proceeding.
During 1941 , the Company purchased raw materials , consisting
principally of raw cotton , cotton yarns , chemicals , and mill supplies,
valued at more than $1 ,500,000, of which more than 90 percent were
obtained from sources outside the State 'of Connecticut . During
the same period , it sold finished products valued at more than
$5,000,000, - of which more than 90 percent were shipped to points
outside the State of Connecticut.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor' organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The' Company and The Union stipulated at the hearing that a
question concerning representation had arisen in that the Company
refused to recognize the Union as the exclusive representative of its
employees within an appropriate', unit until the Board 'certified the
Union as such representative.
A statement by the Acting Regional Director, introduced in evi-
dence at the hearing, shows that the Union represents a substantial
number of the employees in the unit alleged by it to be appropriate.'
i z The Acting Regional Director reported that the Union submitted 10 mimeographed,
and 729 printed , membership cards Of the cards submitted , 489 bore the apparently
genuine signatures of employees whose names appear on the Company 's pay roll of July
11, 1942 , containing the names of 1,363 employees ' within the alleged appropriate unit.
The Company objected at the hearing to the introduction in evidence of the Acting
Regional Director's statement on the ground that the recitations therein are hearsay and
that the signatures on the membership cards had not been verified. The Company urges
that its pay roll of August 15, 1942, be used to determine the Union's membership among
the employees, and that the signatures on the membeiship cards submitted to the Acting
Regional Director be authenticated by comparing them with the signatures appearing on
employees' canceled pay checks, which were submitted at the hearing. The Company's
objection is without merit As we have previously stated, the Regional Director's report
on the evidence submitted in support of a labor organization ' s representation claim' is
not taken as proof of the precise number of employees who desire to be represented by
such a labor organization, but only to protect the Company and the Board from unfounded
claims by such organizations and to give reasonable assurance that a substantial number
of employees desire to be so represented. Matter of Interlake Iron Corporation and
Local Union 1657, Steel Workers Organizing Committee, C. 1. 0., 38 N. L. R. B. 139;
Matter of Superior Sleep -Rate Corporation and United Office and Professional Workers of
America, Local 24, C. I. 0., 39 N., L. R. B. 606.
POWDRELL & ALEXANDER, INC. 1273
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 National Labor
Relations Act. ' -
W. THE APPROPRIATE UNIT
In accordance with a stipulation of the parties, we find that all
production and maintenance employees at the Attawaugan, Ballou-
ville, Brooklyn, Danielson No. 1, Danielson No. 2, and Danielson No.
3 plants of the Company, excluding executives, employees having
the ' right to hire or discharge or to recommend hire or discharge,
and clerical 'employees, constitute a unit. appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
tilde 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 our Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. I
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 Re-
lations Act, and pursuant to Article III, Section 8, of National
Libor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Powdrell &
Alexander , Inc., Danielson , Connecticut , 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 of Election , 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 the 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 of Election , including employees
who did not work during such pay-roll period because they were ill
or' on vacation or' in the active military service or training of the
United States , or temporarily laid off , but excluding employees who
1274 DECISIONS OF NATIONAL LABOR REFLATIONS BOARD
have since quit or been discharged for cause, to determine whether or
not they desire to be represented by Textile Workers Union of Amer-
ica (C. I. 0.), for. the purposes of collective. bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.