Ramsay Mills, Inc.

National Labor Relations Board - Board Decisions

Dec 24, 1943

54 N.L.R.B. 31 (N.L.R.B. 1943)

In the Matter of RAMSAY MILLS , INC. and TEXTILE WORKERS UNION OF
AMERICA (C. I. 0.)
Case No. 1-R-1633.-Decided December 04, 1943
Mr. Abe E. Fogelman, of New Bedford, Mass., for the Company.
Mr. Antonio England, of New Bedford, Mass., for the T. W. U. A.
Mr. Henry Wise, of Boston, Mass., for the Loom Fixers, Slasher
Tenders, and Knot Tiers.
Mr. William E. G. Batty, of New Bedford, Mass., for the
U. T. W. A.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America,
C. I. 0., herein called the T. W. U. A., alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Ramsay Mills, Inc., New Bedford, Massachusetts, herein called the
Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Robert E. Greene, Trial
Examiner. Said hearing was held at New Bedford, Massachusetts,
on November 9, 1943. The Company, the T. W. U. A., New Bedford
Loom Fixers Union, Local No. 2, A. F. of L., herein called the Loom
Fixers, New Bedford Slasher Tenders and Helpers Union, Local No.
345, A. F. of L., herein called the Slasher Tenders, New Bedford Knot
Tiers and Helpers Union, Local No. 1649, A. F. of L., herein called the
Knot Tiers" and United Textile Workers of America, A. F. of L.,
herein called the U. T. W. A., appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, to introduce evidence bearing upon the issues, and
to file briefs with the Board. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
'We shall hereinafter sometimes refer to the Loom Fixers , the Slasher Tenders, and the
Knot Tiers collectively as the Locals.
54 N. L. R. B., No. 6.
31
32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Ramsay Mills, Inc., is a Massachusetts corporation engaged at New
Bedford, Massachusetts, in the business of weaving cloth, from rayon"
yarn on a commission basis. All of the raw yarn used by the Company
is owned by other companies who ship it to the Company's mill from
points outside the State of Massachusetts. Approximately all of the
finished products manufactured by the Company are shipped to points
outside the State of Massachusetts. The Company receives over
$100,000 in commissions annually. The Company does not deny, and
we find, that it is engaged in commerce within the meaning of the
National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
New Bedford Loom Fixers Union, Local No. 2, is a labor organ-
ization affiliated with the United Textile Workers of America, and
the American Federation 'of Labor, admitting to membership em-
ployees of the Company.
New Bedford Slasher Tenders and Helpers Union, Local No. 345,
is a labor organization affiliated with the United Textile Workers of
America and the American Federation of Labor, admitting to mem-
bership employees of the Company. ,
New Bedford Knot Tiers and Helpers Union, Local No. 1649, is a
labor organization affiliated with the United Textile Workers of
America and the American Federation of Labor, admitting to mem-
bership employees of the Company.
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
Prior to filing its petition herein the T. W. U. A. requested the
Company to recognize it as the exclusive bargaining representative
of the employees within an alleged appropriate bargaining unit. The
Company refuses to accord such recognition unless and until the Board
has' made a determination with respect to the appropriate, unit and
certified a labor organization as the exclusive bargaining representative
of such employees.
RAMSAY MILLS, INC. 33
A statement prepared by the Regional Director and introduced into
evidence at the hearing indicates that the T. W. U. A. and the U. T.
W. A. each represents a substantial number of employees within the
unit hereinafter found to be appropriate.2
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 T. W. U. A. contends that a bargaining unit comprised of all
employees of the Company, excluding executives, supervisory em-
ployees and clerical employees, is appropriate. The U. T. W. A. and
the Locals dispute the appropriateness of 'a plant-wide unit, contend-
ing that three separate craft units comprised of (1) slasher tenders
and helpers, (2) loom fixers, and (3) knot tiers and helpers, employed
by the Company constitute the only appropriate bargaining units.
The record indicates that the Company's manufacturing operations
are completely integrated. The first step in the process of manufac-
turing cloth takes place in the warping department where raw yarn
is combined by means of machines to form the warp. Next the warp
is treated with an oil and gelatine solution in the slashing room to
protect it from injury in the loom. From the slashing room the warp
moves to the weaving rooms where a knot tier, by means of a machine,
ties the ends of the treated warp on a device on the loom known as a
harness. Another operation called filling also takes place in the
weaving rooms. Filling consists of winding yarn on bobbins which
are placed in the shuttles on the looms. The loom then interweaves
the warped yarn with the filling yarn to produce cloth. The Company's
plant comprises 4 rooms : 2 weaning rooms, the slashing room, and a
room designated as the cloth and shipping room. The slasher tenders
operate the treating machines in the slashing room. The knot tiers
operate automatic knot tying machines in the weaving rooms. The
loom fixers maintain the 80 looms located in the 2 weaving rooms. At
present, the Company employs 3 slasher tenders and 3 helpers, 15 loom
fixers, and 2 knot tiers and 2 helpers. Other categories of employees
working in the plant are weavers, and several other classifications not
named in the record. Each of the Locals claims 100 percent repre-
2 The Regional Director reported that the T . W. U. A. submitted 50 application-for-mem-
bership cards which bear the apparently genuine original signatures of persons whose
names appear on the Company 's pay roll of October 12, 1943, which contains the names of
110 persons within the alleged appropriate unit. The Regional Director ' s report further
states that the U. T. W. A. submitted the records of 25 persons who are dues paying members
of the locals and whose names appear on the aforesaid pay roll.
567900-44-vol 54-4
34 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
sentation in the group which it asserts to be an appropriate craft
unit.
In support of the contention that three separate craft units are
appropriate for the purposes of collective bargaining , William E. G.
Batty, a representative of the Loom Fixers, testified at the hearing
that for a period of about 20 years preceding December 1941 he had
acted as secretary of the New Bedford Textile Council, herein called
the Council. The Council, composed of various American Federation
of Labor textile workers' unions in the vicinity of New Bedford, in-
cluding the three Locals involved herein, has bargained on behalf of
its members in all crafts with the various textile manufacturers in
New Bedford, who comprise the New Bedford Cotton Manufacturers
Association, herein called the Association, for a number of years. The
Company, although not a member of the Association, has observed the
wage scale adopted by the Council and the Association. When
changes are made in said wage scale , the Company is orally notified
by a representative of the Council, usually Batty, and adjusts its pay
roll accordingly. In July 1939 the Council placed the Company on its
unfair list because the Company refused to comply with the city-wide
wage scale then in effect pursuant to an agreement between the Coun-
cil and the Association. As a result, all the Company's employees
struck, and the Company's plant was shut down for a period of ap-
proximately 3 days pending the negotiation of a settlement between
the Company and the Council. This settlement affected the wages
and working conditions of all the employees of the Company. Again
in 1940 a dispute arose between the Company and the Loom Fixers
which also occasioned a strike in which all employees of the Company
participated. The Locals claim that even though they are members
of the Council they continue to maintain their autonomy and may
refuse to deal through the Council if they so desire. The Locals are
also affiliated with the U. T. W. A. and have a written agreement
with that organization whereby each local union retains its local
autonomy. William E. G. Batty , is also chairman of the Interna-
tional Executive Council of the U. T. W. A. and represented that
organization at the hearing.
Inasmuch as the record shows that the' operations of the Company's
mill are functionally coherent and completely integrated, and, since
it is also evident that, in spite of the fact that each of the Locals has
maintained formally separate identity,, the actual course of organiza-
tion and collective bargaining which they, as members of the Council.,
have followed with respect to the Company's employees has been on
an industrial basis for the past several years, we are of the opinion
that the separate units requested by the Locals are inappropriate for
the purposes of collective bargaining and we conclude that the plant-
RAMSAY MILLS, INC. 35
wide unit requested by the T. W. U. A. is appropriate for such
purposes.3
We find that all employees of the Company, excluding executives,
clerical employees, and all other employees with the authority to hire,
promote, discharge, discipline, 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 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 means of an election by secret ballot among
the 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.
At the hearing the U. T. W. A. requested that it be permitted to
participate in the election in the event the Board denied the requests
of the Locals and found an industrial unit to be appropriate. The his-
tory of organization indicates that the U. T. W. A. has an interest in
the proceeding by reason of the affiliation of the Locals. We shall
therefore direct that its name be placed on the ballot in the election
hereinafter directed.
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the` investigation to ascertain representa-
tives for the purposes of collective bargaining with Ramsay Mills,
Inc., New Bedford, 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 Arti-
cle III, Sections 10 and 11, 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, including employees who did not work during
9 See Matter of Sagamore Manufacturing Co., 39 N. L. R B 909; Matter of Border City
Mfg . Co, et al ., 36 N. L. R. B. 678; Matter of Arkwright Corporat,on , 36 N L. R B. 687;
and Matter of Paeilc Mitts, 53 N L. R. B 164.
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
any who have since quit or been discharged for cause and have not
been rehired or reinstated prior-to the date of the election, to deter-
mine whether they desire to be represented by Textile Workers Union
of America, C. I. 0., or by United Textile Workers of America, A. F.
of L., for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.