Sagamore Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 18, 1942

39 N.L.R.B. 909 (N.L.R.B. 1942)

In the Matter Of SAGAMORE MANUFACTURING CO. and TEXTILE WORKERS
UNION OF AMERICA (C. 1. 0.)
In the Matter of FALL RIVER COTTON MANUFACTURERS' ASSOCIATION;
BORDER CITY MFG. Co.; RICHARD BORDEN MFG. CO.; ARKWRIGHT COR-
PORATION; SAGAMORE MFG. Co.; BERKSHIRE FINE SPINNING CO.;
HOWARD ARTHUR MFG. CO.; PEPPERELL MFG. Co.; LUTHER MFG. CO.;
STEVENS TEXILE MFG. CO.; AND BOURNE MILLS and LOOM FIXERS
UNION LOCAL #6 (A. F. T. O.)
In the Matter o f FALL RIVER COTTON MANUFACTURERS' ASSOCIATION ;
BORDER CITY MFG. Co. ; RICHARD BORDEN MFG. Co. ; ARKWRIGHT COR-
PORATION; SAGAMORE MFG. CO. ; BERKSHIRE FINE , SPINNING CO.;
HOWARD ARTHUR MFG. CO.; PEPPERELL MFG. CO. ; LUTHER MFG. CO.;
STEVENS TEXTILE MFG. CO.; AND BOURNE MILLS and SLASHER TENDERS'
LOCAL #16 (A. F. T. 0.)
In the Matter of FALL RIVER COTTON MANUFACTURERS' ASSOCIATION;
'BORDER CITY MFG. Co.; RICHARD BORDEN MFG. Co.; ARKWRIGHT COR-
PORATION; SAGAMORE MFG. CO.; BERKSHIRE FINE SPINNING CO.;
HOWARD ARTHUR MFG. CO.; PEPPERELL MFG. Co.; LUTHER MFG. CO.;
,STEVENS TEXTILE MFG. CO.; AND BOURNE MILLS and KNOT-TIERS,
DRAWING-IN MACHINE OPERATORS AND WARP TWISTERS LOCAL #52
(A. F. T. O.)
Cases Nos. R-3500, to R-35103, inchisive, respectively.Decided March,
18, 1912
Jurisdiction : textile manufacturing industry.
Investigation and Certification of 'Representatives : existence of question.
Company refused to accord recognition to any of the petitioners until the
appropriate unit was determined by the Board ; parent of several crafts, fol-
lowed by names of crafts placed on'ballot with permission of either of- them
to withdraw upon request; election necessary.
Unit Appropriate for Collective Bargaining : city-wide craft units composed of
employees of ten competing and independent companies requested by craft or-
ganizations held inappropriate where the Companies had not delegated to their
alleged bargaining agent authority to make binding collective bargaining
agreements, where prior bargaining with the alleged bargaining agent, had
been joint and not "craft", and where not joint had been with individual em-
ployers and not area-wide, and the "crafts"' themselves are inappropriate-
unit requested by 'industrial union comprising production and maintenance
employees of a single company, excluding shipping and receiving employees,
39 N L. R B, No. 178,
909
i
910 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
executives, and supervisory office and clerical employees, and agreed to by
Company, held appropriate. -
Practice and Procedure: petitions of craft organization dismissed where units
proposed by them found inappropriate.
Mr. Robert E. Greene, for the Board. k
Mr. Lewis R. Morley, of Fall River, Mass., for the Manufacturers'
Association.
Mr. Lawton S. Brayton and Mr. John F. Giblin, of Fall River,
Mass., for the Sagamore Mfg. Co.
Mr. Charles B. Rugg, of Boston, Mass., for the Berkshire Co.
Mr. William J. Kelleher, of Boston, Mass., for the Arkwright Cor-
poration and the Pepperell Mfg. Co.
Mr. L. Anderson, for Bourne Mills.
Mr. Isadore Katz, of New York City, for the T. W. U. A.
Mr. Jacob Minkin, of New Bedford, Mass., for the Loom Fixers, the
Slasher Tenders, and the Knot-Tiers.
Mr. Charles W. Schneider, of counsel'to the Board.
DECISION
DIRECTION OF ELECTION
AND
,ORDER
STATEMENT OF THE CASE
On December 11, 1941, Textile Workers Union of America (C. I. 0.),
herein called the T. W. U. A., filed with the Regional Director for the
First Region (Boston, Massachusetts) a petition alleging that a ques-
tion affecting commerce had arisen, concerning the representation of
employees of Sagamore Manufacturing Co., Fall River, Massachu-
setts, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. ,
On January 21, 1942, Loom Fixers Union Local # 6 (A. F. T. 0.),
herein called the Loom Fixers, Slasher Tenders Local # 16 (A. F.
T. 0.), herein called the Slasher Tenders,.and Knot-Tiers, Drawing-in
Machine Operators and Warp Twisters Local # 52 (A. F. T. 0.),
herein called the Knot-Tiers, collectively sometimes called the Locals,
filed with the Regional Director for the same region separate peti-
tions, each of which alleged that, a question affecting commerce had
arisen concerning the representation of employees of Fall River Cotton
Manufacturers' Association, herein called the Manufacturers' Associa-
tion, Border City Mfg. Co., Richard Borden Mfg. Co., Arkwright Cor-
poration, Sagamore Manufacturing Co., Berkshire Fine Spinning Co.,
SAGAMORE MANUFACTURING CO. 911
Howard Arthur Mfg. Co., Pepperell Mfg. Co., Luther Mfg. Co., and
Stevens Textile Mfg. Co., all of Fall River, Massachusetts, and Bourne'
Mills, of Tiverton, Rhode Island, herein collectively called the Com-
panies. On January 23, 1942, 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 2, as amended, ordered an investigation with
respect to the petition filed by the T. W. U. A. and authorized the
Regional Director to conduct it and to provide for an appropriate hear-
ing upon due notice. On January 28, 1942, the Board, acting pursuant
to Section 9 (c) of the Act and Article III, Section 3, and, Section 10
(c) (2), of the Rules and Regulations, ordered an investigation with
respect to the petitions filed by the Locals and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice, and ordered that all four cases be consolidated.
On January 29, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Manufacturers' Asso-
ciation, the various Companies, the Locals, and the T. W. U. A. Pur-
suant to notice, a hearing was held on February 2 and 3, 1942, at
Fall River, Massachusetts, before William F. Guffey, Jr., the Trial
Examiner duly designated by the Chief Trial Examiner. The Manu-
facturers' Association, Arkwright Corporation, Berkshire Fine Spin-
ning Co., Bourne Mills, Pepperell Mfg. Co., Sagamore Manufacturing
Co., the Locals, and the T. W. U. A. were represented at and partici-
pated in the hearing. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing, upon the
issues was afforded all parties. During the course of the hearing the
T. W. U. A. moved to dismiss the various petitions of the Locals. The
Trial Examiner reserved ruling on the motion and referred it to the
Board., For reasons appearing hereinafter, the motion is hereby
granted. The Trial Examiner made several other rulings on motions
and, on objections to the admission of evidence. The Board has re-
viewed the rulings of the Trial'Examiner and finds that no prejudicial
errors were committed. The rulings are hereby affirmed.
The T. W. U. A. filed a brief; the Locals filed a joint brief. United
Textile Workers of America (A. F. L.) filed a brief amicus curiae.
These the Board has duly considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Fall River Cotton Manufacturers' Association is an association con-
sisting of all the cotton textile manufacturing companies in the Fall
River, Massachusetts, area. All the Companies involved are.engaged_
448105-42-vol, 39-59
912 DECISIONS: OF NATIONAL LABOR RELATIONS BOARD
in the manufacture of textile goods in Fall Rivera Approximate data
relative to movements in commerce with respect to each Company are
shown in- the following table :
ompany alue of raw materialsused annually
Percentage'
of same
received
from
outside
Massa-
chusetts
Value of
finished
products
produced
annually
Percentage
of same
shipped to
States
other than
Massa-
chusetts
Border City Mfg. Co_______________ $725,540----------------- 13% $1,500,000 58%
Richard Borden Mfg. Co___________ $650,000 (cotton) --------- 1 100% 1,600,000 95%
Arkwright Corporation____________ $850,000 (cotton)-------_ 100% 2,000,000 98%
Sagamore Mfg Co_________________ $3,000,000 (cotton)------- 100% 5,000,000 90%
Berkshire Fine Spinning Co I______ (2)-------------------- (2) 5,000,000
(2)
Howard Arthur Mfg. Co___________ $1,500,000 (cotton) ------- 100% 2,500,000 95%
Pepperell Mfg. Co_________________ $2,500,000 (cotton) ------- 100% 4,000,000 90%
Luther Mfg. Co____________________ $750,000 (cotton) --------- 100,%̂yg 1, 500, 000 95%
Stevens Textile Mfg Co-- --------- $1,250,000 (cotton) ------- 100% 1:650:000 90%-
Bourne Mills 3_____________________ $1,500,000 (cotton) ------- 100% 2,600,000 90%
I This Company operates three plants in Fall River. Counsel for the Company stipulated at the hearing
that each and all of the plants are engaged in commerce
I Not disclosed
3 The principal office of Bourne Mills is in Tiverton, Rhode Island Its plant straddles the State border
and is partly in Rhode Island and partly in Fall River The figures on'commerce given for that Company
presumably refer to shipments into and out of Rhode Island, and not Massachusetts.
The principal raw material of" each of the Companies is raw cotton.
The principal finished material] of each of them is either cotton cloth
'or rayon goods , or both.
II. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the~Congress of Industrial Organizations, admitting to mem-
bership employees of the Company. -
Loom Fixers Union Local #6, Slasher Tenders Local #16, and
Knot-Tiers, Drawing-in Machine Operators and'Warp Twisters Local
#52 are labor organizations affiliated with the American Federation
of Textile, Operatives, admitting to membership employees of, the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
Each of, the unions involved has requested recognition as exclusive
bargaining representative of the mployees of each of the Companies
within the unit which that union alleges to be appropriate., The Com-
panies have all refused such recognition until the,appropriate unit
has been determined by the Board.
It was stipulated at the hearing that each of the labor organizations
has a substantial -membership in\ the unit which it alleges to be appro-
priate. ' • • ' ..
We find that a question has arisen concerning the representation of
employees of Sagamore Manufacturing: Co. '
In view of the fact that we hereinafter find that the units requested
by thebarious Locals are not appropriate for the-purposes of collective
SAGAMORE MANUFACTURING CO. 913
bargaining, we find that no question has arisen concerning the repre-
sentation of employees of any of the other Companies.
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 Sagamore Man-
ufacturing Co. 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 T. W. U. A-. contends that all production and maintenance em-
ployees of Sagamore Manufacturing Co., excluding shipping and re-
ceiving employees, executives, and supervisory, office and. clerical em-
ployees, constitute al-appropriate unit. The T. W. U. A. and the
Sagamore Company stipulated that this unit is appropriate if the
Board should' reject the units sought by the Locals."
The Loom Fixers contends that all loom fixers and changers-over,
excluding supervisors; employed in the Fall River, Massachusetts, and
Tiverton, Rhode Island, plants of the ten companies constitute an
appropriate unit.
The Knot-Tiers contends that all knot tiers and helpers,, drawing-in
machine operators and helpers, and warp twisters, excluding super-
visors, employed in'the above plants, constitute an appropriate unit.
The Slasher Tenders contends that all slasher tenders and helpers,4
excluding supervisors, employed in the above plants, but excluding the
Stevens Textile Mfg. Co. and the rayon mill of the Pepperell Mfg. Co.,
constitute an appropriate unit.,' -
3" Supervisory " includes second hands and those superior to second hands
4In Matter of Border City Mfg. Co and Matter of Richard Borden Mfg. Co., et at. (Con-
solidated ) 36 N L R B 678; and Matter of A'kwright Corporation and Textile Work-
ers Union of America (C I 0 ), 36 N . L. R B 687 ; the Slasher Tenders requested the
exclusion of slasher tender helpers from the unit which it claimed in those cases. The
explanation offered for the Slasher Tenders' contrary , position in the present case is that
since December 1941 the Slasher Tenders have been admitting helpers to membership,
whereas previously it did not.
6 The Stevens Company was included in the Slasher Tenders petition . The exclusion
of this company was first proposed at the hearing The Slasher Tenders secretary gave
as the reason for exclusion that he "thought " that it was a "worsted " mill. There is no
evidence to differentiate Stevens from the other Companies with respect to the character
of manufacturing operations.
The Pepperell Mfg. Co . operates both a rayon and a cotton mill At the hearing, the
Slasher Tenders contended that the slashers in the rayon mill should be excluded from the
Slasher Tenders unit, while those 'in the cotton mill should be included . The Slasher
Tenders have no members among the rayon slashers and this company appears to deal
only with the T. W. U A. with respect to such employees With respect to the cotton
slashers ; it deals with the Slasher Tenders The Loom Fixers and the Knot -Tiers are not
attempting to exclude the rayon mill. The reason given by the Slasher Tenders for exclu-
sion of the rayon mill is that the slashing process in rayon differs from that of cotton,
It appears , however , that the two processes are substantially the same,
914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The T. W. U. A. contends that the units requested by,the Locals are
inappropriate. The Manufacturers' Association and the Companies
stated no position with respect to the units, except the Sagamore Com-
pany whose partial position has been stated above.
The Companies all operate cotton textile mills in the Fall River,
Massachusetts, area. The Pepperell Mfg. Co. also operates a rayon
mill previously referred to. The Manufacturers' Association is com-
posed of all the cotton textile mills in the area.6
On December 17, 1941, the Board certified the T. W. U. A. as exclu-
sive bargaining representative of employees of three of the companies
separately : Border City Mfg. Co., Richard Borden Mfg. Co., and Ark-
wright Corporation.' The unit found by the Board to be appropriate
in each case was substantially the same as that requested by the T. W.
U. A. for the employees of Sagamore Manufacturing Co. in the pres-
ent proceedings. The Locals participated in the hearings in those
cases and requested for each plant separate bargaining units consisting
of approximately the same classes of employees as they claim here.
The Board held in each case that,the units requested by the Locals
were inappropriate for collective bargaining purposes. It appears that
the T. W. U. A. has also been selected as exclusive representative by the
employees of the Berkshire Fine Spinning Co.' -
All the mills involved employed substantially the same manufactur-
ing technique and methods described in the Border City, Richard Bor-
den, and Arkwright cases. The work of the groups claimed by the
Locals is likewise similar. Exhibits in those cases descriptive of manu-
facturing operations were incorporated by reference into the present
record.
The position of the Locals is (1) that collective bargaining in Fall
River for about 50 years has been on a multiple-plant, area-wide basis
by "crafts," and (2) that the appropriateness of such bargaining
units was not in issue in the Border City, Richard Borden, and Ark-
wright cases, and that those decisions therefore do not control the press
erit case ; but if they do, that they should be reexamined. To sustain
their positions, the Locals presented considerable additional evidence_
of bargaining history which did not appear in the former records.
, The evidence adduced indicates that bargaining relations in Fall
River have apparently been maintained simultaneously on several
bases. Since about 1895 there has been bargaining between the Locals
9 Three members of the Association were not named in this proceeding by the Locals
Those three are spinning mills, however, and do not employ the classes of workers claimed
by the Locals. The Companies which are named all operate weaving mills.
R See footnote 4 supra , and 37 N. L R B 721; 37 N L R. B. 723
8 A consent election was held on December 19, 1941, at Berkshire covering the. Com-
pany's three plants in Fall River. The Locals participated in conferences preceding that
election but were not on the ballot The T. W, U. A, won the election
e See footnote 4, supra.,
SAGAMORE MANUFACTURING Co. 915
and employer's. In one, phase of these relations the employers have
been represented by a committee of the Manufacturers' Associations;
the Locals by the Fall River Textile Council. Negotiations between
the two organizations established basic wage rates and working con-
ditions for all the textile mills in Fall River. The Council cus-
tomarily bargained for all employees in the plants. Although there
have been no written agreements since about 1908, bargaining rela-
tions were consistently maintained and there have been oral agree-
ments from time to time.70
In addition to these negotiations there has also been individual
plant bargaining. The basic agreements negotiated between the As-
sociation and the Council must be adjusted in particular plants from
time to time due to changes in the type of cloth manufactured: These
adjustments may be necessary as often as once or twice a month.
In their brief the Locals characterize the latter negotiations as the
more important of the two types of bargaining. The adjustments
are negotiated between the particular Local representative and the
employer concerned. Grievances are handled, in the'sam,e 'way.
The T. W.'U.' A. has also bargained for its members"an'dd has se-
cured oral agreements. That bargaining has also been with the Manu-
facturers' Association and with the individual employers, in much the
same manner as that conducted by and on behalf of the Locals. How-
ever, since the certification of the T. W. U. A. at the Border' City,
Richard Borden, and Arkwright plants, and the consent election at
the Berkshire Fine Spinning Co. which the T.` W. U. A., won, those
Companies have negotiated with that union on plant-wide bases.
The Locals contend that the Manufacturers' Association is the bar-
gaining agent of the Companies, and that an Association-wide unit is
appropriate. Although there is some confusion in the record, and
although in practice individual members of the Association have gone
along with the sentiment of the majority, it does not appear that the
Companies have delegated to the Association the power to bind them
by contract."
While contending that the Manufacturers' Association'. is the bar-
gaining agent of the Companies, the Locals mantain that-the Textile
Council, although it met with the Association on matters affecting the
area as a whole, did no bargaining for the Locals. On the contrary
10 The Locals explain that mutual fair dealing made written agreements unnecessary
"There is no evidence that the bylaws grant to the Association authority to make
binding collective bargaining contracts . As a matter of fact, six of the Companies have
never signed the bylaws . Whenever agreements have been reached and all the Companies
have not been represented on the bargaining committee of the Association , the agreements
are submitted to the full membership for ratification Counsel for the Berkshire, Fine
Spinning Co stated at the hearing that although that Company has always followed the
will of the majority of the members of the Association, it reserved the right,to make its
own agreements . The, remainder of the Companies stated no position with reference to
the authority of the Association to bind them by collective bargaining agreements.`
916 DECISIONS OF • NATIONAL LABOR RELATIONS BOARD
they contend that in the negotiations each Local maintained its iden-
tity and independence and did its own bargaining.12 , The Textile
Council is composed of three delegates from' each of the local unions
affiliated with the American Federation of Textile Operatives.,-' , The
Council has no apparent power to bind the Locals. Agreements ar-
rived at in' the negotiations are submitted to the various Locals for
ratification.
Conclusions
A unit consisting, of employees .of independent and competing em-
ployers is not appropriate for the purposes of collective bargaining
where there exists no association of employers or other employer agent
having authority to bargain collectively and to make binding agree-
ments.14 The Association in the present case is not shown,to possess
such authority. Moreover, the bargaining by the Locals with the As-
sociation has been joint, and not "craft," despite their contentions.
That bargaining which has not been joint has been with individual
employers, and not area-wide. Nothing in the present record would
support a finding that the "craft" units previously found inappropri-
ate have now become appropriate.15 For these various reasons, we
find that the units requested by the respective Locals are not appro-
priate for the purposes of collective bargaining.
We find, however, that all production and maintenance employees of
Sagamore Manufacturing Co., excluding shipping and receiving em-
ployees, executives , and supervisory, office and clerical employees con-
stitute a unit appropriate for the purposes of collective bargaining
and that such unit will insure to employees of the Company 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 '
We find that the question which has arisen concerning the, repre-
sentation of employees of the Sagamore Manufacturing Co. can best be
resolved by an election by sepret ballot.
13 The Locals call attention to the fact that since their organization in the 1890's they
have affiliated : from time to' time, with various national organizations , including the
United Textile Workers of America (A. F. L ), but nevdrtheless always maintained their
autonomy and handled their own affairs, irrespective of affiliation.
13 Loom Fixers , Slasher Tenders , Knot-Tiers , Carders, and Weavers . The Weavers is an
industrial or semi - industrial union. ' The Carders is a static organization . It is not taking
in new members . Most of its membership has been absorbed by the Weavers and the
T- W. U A The Knot -Tiers has , been in existence only since ' 1933 ; the other locals since
about 1892.
?4 Sixth Annual Report, National Labor Relations Board , pp. 67--68 ; Fourth Annual
Repoit, National Labor Relations Board, p . 93; Bulk Sales Dept., Gulf Refining Co, 21
N L R B. 1033; Sebastian Stuart Fish Co, 17 N. L. R. B. 352; M & J. Tracy Inc, 12
N. L. R B . 936. -
15Matter-of Border City Mfg. Co. and Richard Borden ' Mfg. Co., at al ( Consolidated)
Matter of Arkicrsght Corporation and Textile Workers Union of America (C. I: 0.), foot-
note 4, supra. I -
SAGAMORE MANUFACTURING CO. 917 ,
The parties agree that eligibility'to vote in any election should be
determined by current pay rolls. We. shall direct that employees of
the Sagamore Manufacturing Co. eligible to -vote in the election which
is hereinafter directed, shall be those in the appropriate unit employed
during the, pay-roll period immediately preceding the date of this
Direction of Election, subject to such limitations and additions as are
set, "forth in- the Direction hereinafter.
• We shall direct that the name of American Federation of Textile
Operatives be placed on the ballot, followed by that of the Locals. If
the Federation,and/or any of the Locals desire not to participate in the
election they may file with the Regional Director within 5 days from
the date of the Direction of Election a declaration of intention not to
participate. 1,
. 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 of Sagamore Manufacturing Co., Fall River,
Massachusetts within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees of Sagamore Manu-
facturing Co., excluding shipping and receiving employees, executives,
and supervisory, office and clerical employees constitute a unit appro-
priate for the purposes,of collective bargaining within the meaning of
Section 9 (b) of. the Act:
3. No question concerning the representation of employees of Fall
River Cotton Manufacturers' Association, Border City Mfg. Co.,
Richard Borden' Mfg. Co., Arkwright Corporation, Berkshire Fine
Spinning Co., Howard Arthur Mfg. Co., Pepperell Mfg. Co., Luther
Mfg. Co.,: Stevens Textile Mfg. Co.,, of Fall River, Massachusetts, and
Bourne Mills, Tiverton, Rhode Island, in a unit which is appropriate
for the purposes of collective bargaining has arisen within the meaning
of Section 9 (c) 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,
and pursuant to Article III, Section; 8, of National Labor Relations
Board Rules and Regulations-Series 2,• as amended, it is hereby
DumcrEn that, as part of the investigation authorized by, the Board to
ascertain representatives for the purposes of collective bargaining, with
Sagamore Manufacturing Co.; Fall -River, Massachusetts,- an election
by secret ballot shall be conducted as early as possible, but not later than
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 sub-
ject to Article III, Section 9, of said Rules and Regulations, among all
production. and maintenance employees of Sagamore Manufacturing
Co., Fall River, Massachusetts, who were employed during the pay-
roll period immediately preceding the date of this Direction of Elec-
tion, 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 shipping and receiving employees, executives, and super-
visory, office and clerical employees and employees who have since, quit
or been discharged for cause, to determine whether they desire to be
represented by Textile Workers Union of America (C. I. 0.), or by
American Federation of Textile Operatives [Loom Fixers Union Lo-
cal #6,-Slasher Tenders Local #16, Knot-Tiers, Drawing-in Machine
Operators and Warp Twisters, Local #52] for the purposes of collec-
tive bargaining, or by neither.
ORDER
Upon the basis of, the foregoing findings of fact and conclusions of
law, the National Labor Relations'Board hereby orders that each of the
petitions for investigation and certification of representatives of Fall
River Cotton Manufacturers' Association, Border City Mfg. Co., Rich-
ard Borden Mfg. Co., Arkwright Corporation, Berkshire Fine Spin-
ning Co., Sagamore Mfg. Co., Howard Arthur' Mfg. Co., Pepperell
Mfg. Co., Luther Mfg. Co., Stevens Textile Mfg. Co., of Fall River,
Massachusetts, and Bourne Mills, Tiverton, Rhode Island, filed re-
spectively by Loom Fixers Union Local #16 (A. F. T. 0.), Slasher
Tenders Local #16 (A. F. T. O:), and Knot-Tiers, Drawing-in Ma-
chine Operators and Warp Twisters Local #52 (A. F. T. 0.) be, and
they hereby are, dismissed.
MR. GERARD D. REnLY'concurring in part and dissenting in part:
I concur in the result which has been reached by the majority of
the Board, on'the narrow ground that the Locals' contention that city-
wide units in these cases are appropriate cannot be supported by the
record. It is true that a showing has been made of the history of
bargaining with a city-wide association of employers. The record
discloses, however, that the particular employers involved in these
cases never completely delegated to this Association their authority
to deal with their employees. 'Under Section 9 (b) of the Act, the
Board is limited to find an appropriate unit in either an employer
unit, a plant unit, or a craft unit. Since no agency has been desig-
nated to act for all these companies it would appear that the Board
r
SAGAMORE MANUFACTURING CO. 919
is compelled to conclude that no unit larger than an employer unit
can be found appropriate in the instant cases.
With respect to the larger issues implicit in this decision, however,
I am unable to agree with my colleagues. All parties in this case
including the T. W. U. A. stipulated that the craft unions had made
a substantial showing'in the plants involved here. The record also
discloses that in the Fall River textile industry bargaining has oc-
curred in the past both on a craft as well as an industrial basis. Con-
sequently, had the Locals in this case requested elections in separate
craft units in each plant, the Board's normal practice under analogous
circumstances would be to give the employees in each of the proposed
craft units an opportunity to decide for themselves whether they
wished-to be represented by the union claiming the larger unit or
preferred to bargain on a craft basis under the familiar doctrine
of the Globe Machine case.16 I am aware that this suggestion runs
contrary to the view taken by the Board in the Borden, Border City,
and Arkwright 11 cases, but I have difficulty in reconciling those deci-
sions with our recent holding in Bendix Products Division of Bendix
Aviation Corporation.18
"Matter o f The Globe Machine and Stamping Co., et al., 3 N L R B 294, Matter of
Pacifo Mills, Cocheco Division and Dover Independent Textile Workers' Union, 10 N. L.
R B. 27.
17 Footnote 4, supra.
is 39 N L R. B. 81
I