Saybrooke Manufacturing Co., Inc.

National Labor Relations Board - Board DecisionsAug 7, 1941

33 N.L.R.B. 1225 (N.L.R.B. 1941)

IN THE MATTER OF SAYBROOKE MANUFACTURING COMPANY, INC. and TEXTILE WORKERS UNION OF AMERICA, (C. I. 0.) Case No. R-27.45.-Decided August 7, 1941 Jurisdiction : textile manufacturing industry. Investigation and -Certification of Representatives : existence of question : re- fusal to accord union recognition ; election necessary Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding executive foremen, supervisors , and office and clerical workers ; no controversy as to. Mr. Patrick H. Quinn, of Warwick, R. I., for the Company. Mr. Albert G. Clifton, of Providence, R. I., for the Union. Mr. Dan M. Byrd, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 9 and June 27, 1941, respectively, Textile Workers Union of America, (C. I. O.),1 herein called the Union, filed with the Re- gional Director for the First Region (Boston, Massachusetts), a pe- tition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Saybrooke Manufacturing Company, Inc., River Point, West War- wick, Rhode Island, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 2, 1941, 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 and authorized the Regional Director to conduct it and to provide for an, appropriate hearing upon due notice. s The original petition was filed in the name of United Textile Workers of America The record reveals that Textile Workers Union of America which filed the amended petition is the successor organization to the United Textile Workers of America and Textile Workers Organizing Committee , all affiliated with the Congress of Industrial Organizations. 33 N. L. R. B., No. 204. 1225 1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On July 8, 1941, the Regional Director issued a notice of hearing. copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on July 17, 1941, at West War- wick, Rhode Island, before Anthony E. Molina, the Trial Examiner duly designated by the Acting Chief Trial Examiner . The Company and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses , and to introduce evidence bearing on the issues was afford- ed 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 Exam- iner 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 Saybrooke Manufacturing Company, Inc., is a Rhode Island cor- poration with its office and principal place of business at River Point, West Warwick, Rhode Island. ' It is engaged in the manufacture, sale, and distribution of cotton warp meltons, "snow" cloth, and men's suitings. During the period from May 1 1940, to May 1, 1941, the Company purchased raw materials, including rags, wool waste, rayon waste, and cotton waste, valued at approximately $80,000, 90 per cent of which was received from sources outside the State of Rhode Is]iind. During the same period the Company manufactured finished products valued at approximately $180,000, almost all of which was shipped to points outside the State of Rhode Island. The Company admits that it is engaged in interstate commerce within the meanirig'of the At. II. THE ORGANIZATION 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. III. THE QUESTION CONCERNING REPRESENTATION On-May 1, 1941, the Union and the Company held their first con- ference, at which time the Company informed the Union that, it,-was willing to bargain with the Union, and that it was prepared to pro- ceed with a cross-check of the Union's membership cards against its pay roll to determine the extent of the Union's membership. Sub- sequently, the proposed cross-check was not successfully arranged. SAYBROOKE MANUFACTURING COMPANY, INC. 1227 A statement of the Regional Director introduced in evidence at the hearing shows that the Union represents a substantial number of employees in the alleged appropriate unit.2 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 UNIT The Union asserts that the appropriate unit consists of all prodlic- tion and maintenance employees of the Company, excluding executive foremen, supervisors, and office and clerical workers.3 The Company made no claim with respect to the appropriate unit. We find that all production and maintenance employees of the Com- pany, excluding executive foremen, supervisors, and office and clerical workers, constitute 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 bar- gaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The parties expressed no preference as to the pay-roll date to be used to determine eligibility to vote. In accordance with our usual practice, we shall direct that all employees in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election, subject to such limita- tions and additions as are set forth in the Direction, shall be eligible to vote. 2 The Regional Director reported that he had received 99 membeiship cards from the Union, 9 of ishich were duplicates. Of the 90 membeiship cards, the Regional Director reported that 69 appeared to bear genuine, original signatures of persons Â«hose names ap- peared on the Company's pay roll for the week ending April 26, 1941 The Company s pay roll for this period showed a total of 114 emploees in the unit heiein tound to be appro- priate -Membership cards of the 69 persons whose names appeared on the,Company's pay roll were dated as follows 30 in March 1941, 38 in Apt ii 1941, and 1 undated. 'The classifications of em1ployees falling within the appropriate unit were further de- fined as follows Picker House, 6; card loom, 18, spinning room, 18; dressing room, 4; weave room, 54 ; dye house, 8 ; maintenance, 6. 1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the-following : CONCLUSION OF LAWS 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Saybiooke Manufacturing Company, Inc., River Point, West Warwick, Rhode Island, within the meaning of Sec- tion 9 (c) and Section 2 (6)"and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, excluding executive foremen, supervisors, and office and clerical work- ers, constitute a unit appropriate for the purposes of collective bargain- ing, 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 Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Saybrooke Manufacturing Company, Inc., River Point, West Warwick, Rhode Island, 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 Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company who were employed during the pay-roll period immediately preceding the date of this Direction and 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 foremen, supervisors, office and clerical workers, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Textile Workers Union of America, (C. I. 0.),, for the purposes of collective bargaining. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election.