Textron, Inc.

National Labor Relations Board - Board Decisions

Nov 22, 1946

71 N.L.R.B. 731 (N.L.R.B. 1946)

In the Matter of TEXTRON, INCORPORATED, E:%IPI.o1ER and ADIALGAbI-
ATED CLOTHING WORKERS OF A=MERICA, CIO, PETITIONER
Case No. 1-R^32!16.-Decided Novent,beP 22, 1946
Messrs. Edwards 6 Angell. by Mr. 11illia'n C. Waring, Jr., of
Providence, R. I., for the Employer.
Messrs. Grant and Angof, by M'r'. Sidney AS. Grant, of Boston, Mass..
for the Petitioner.
Messrs. Roewer, Rell and Donovan, by ,111x'. William, R. Donovan.
of Boston, Mass., for the Intervenor.
1119% Benj. E. Cook, of counsel to the Boar(l.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Boston,
Massachusetts, on August 23, 19-16, before Julius Kirle, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.'
Upon the entire recd in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. TILE BUSINESS OF THE E-31PLOYER
The Employer is a Rhode Island corporation with its principal
office and -place .of business locntecl at Lowell, Massachusetts. The
Employer operates 14 plants throughout New England, including 1
located at '`Turners Falls, 'Massachusetts, which is the only plant in-
volved in this proceeding. The Turners Falls plant is engaged in
stitching and trimming nien's'rayon pajamas. From JuneJ946 to,
August 1946, the Employer purchased raw materials valued in excess
of $5,000, all of which was shipped to its plant from points outside
the Commonwealth of Massachusetts. During the same period the
Employer's finished products were valued in excess of $2,000, approxi-
mately 100 percent of which was shipped to points outside the Com-
nlonwealth of Massachusetts.
In its brief, the Intervenoi moved in dimness the pots( ion For reasons set forth in,
Section V, infro, the Intervenoi's motion is denied
71 N L R. B., No 122
731
732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is) a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
International Ladies' Garment Workers' Union, herein called the
Intervenor, is a labor organization affiliated with the American Fed-
eration of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accord with the agreement of the parties,
that all production and maintenance employees of the Employer at
its Turners Falls plant, but excluding office, clerical, and supervisory
employees with 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 pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The intervenor urges that the election be postponed and the peti-
tion dismissed, on the ground that the Employer's full complement
of personnel will not be attained for 6 months, or longer. Accord-
ing to the testimony of the Employer's division manager, however,
the Employer anticipates a total of 100 employees and 75 percent
of that number were already employed at the time of the hearing
in August. Inasmuch as the Employer has employed more than 50
percent of its expected personnel complement, we find that an election
is now appropriate?
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Textron, Incorporated, Turners
2 See Matter of Hoosier-Cardinal Corporation, 68 N. L. R. B. 743.
TEXTRON, INCORPORATED 733
Falls, 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 Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, 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 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 those employees wl,o have since quit or
been discharged for cause and have not been rehired or reinstated prior
to the date of the election, to determine whether they desire to be
represented by Amalgamated Clothing Workers of America, CIO, or
by International Ladies' Garment Workers' Union, A. F. L., for the
purposes of collective bargaining, or by neither.
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