The Columbia Mills, Inc.

National Labor Relations Board - Board Decisions

Dec 18, 1946

71 N.L.R.B. 1205 (N.L.R.B. 1946)

In the Matter of THE COLUMBIA MILLS, INCORPORATED, EMPLOYER and
TEXTILE WORKERS UNION OF AMERICA, C. I. 0., PETITIONER
Case No. 13-R-110-35.-Decided December 18, 1946
Mr. Otto A. Jabwrek, of Chicago, Ill., for the Employer.
Messrs. G. H. Litney and Earl T. McGrew, of Chicago, Ill., for the
Petitioner.
Mr. Eugene O'Connor, of Chicago, Ill., for the Intervenor.
Mr. Henry W. de Koeniian, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Chi-
cago, Illinois, on November 13, 1946, before Robert T. Drake, hear-
ing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
I. TIIE BUSINESS OF TIIE EMPLOYER
The Columbia Mills, Incorporated, is a New York corporation en-
gaged in manufacturing window shades and venetian blinds with
general offices in New York and plants at Chicago, Illinois; Wilkes-
Barre, Pennsylvania; Minette, New York; Saginaw, Michigan; and
Los Angeles, California. The Chicago plant is solely involved in this
proceeding. During the past year the Employer purchased raw ma-
terials for its Chicago plant valued in excess of $500,000, more than
50 percent of which was shipped from points outside the State of Illi-
nois. During the same period the Employer' s gross sales from its
Chicago plant were in excess of $1,000,000, approximately 75 percent
of which was realized from sales to points outside the State of Illinois :
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
71 N L R B, No. 187
1205
1206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
Venetian Blind, Shade Cloth & Related Products Union, Local No.
605, Upholsterers International Union of North America, herein called
the Intervenor, is a labor organization affiliated with the American
Federation 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.
The Intervenor has represented employees of the Employer's Chi-
cago plant since it won a consent election in 1942. On April 9, 1946,
the Intervenor executed a contract with the Employer which provided
that it was to be effective until December 31, 1946, and from year
to year thereafter in the absence of notice of a desire "to change, amend
or terminate" given by either party 30 days before December 31 of
any year. On October 23, 1946, the Intervenor notified the Employer
that it wished to amend the contract. On October 25, 1946, the Peti-
tioner informed the Employer that it represented a majority of the
employees of the Chicago plant and asked the Employer not to con-
tract with any other labor organization until the Board designated
a bargaining agent. And on November 4, 1946, the Petitioner filed
the petition in this proceeding.
Neither of the contracting parties raises the agreement of 1946 as
a bar to a current determination of representatives, nor could the
agreement operate as such in the light of the foregoing facts.'
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
In accordance with the stipulation of the parties, we find that all,
production and maintenance employees of the Employer's Chicago
plant, excluding office and factory clerical employees, the first-aid
attendant, foremen, fore]adies, assistant foremen, and all other super-
visory employees with authority to hire, promote, discharge, discipline,
' Although the Intervenor asks that no election be directed by the Board on the ground
that the Petitioner is engaged in "raiding" tactics, to dismiss the petition would be to deny
the employees of the Chicago plant the right to change their bargaining representatives,
if that is their desire , after the lapse of a reasonable time.
THE COLUMBIA MILLS, INCORPORATED 1207
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 meaning of Section 9 ( b) of the
Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Columbia Mills, Incorpo-
rated, Chicago, Illinois, 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 Thirteenth 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
Regulations-Series 4, among the employees in the unit found appro-
priate 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 em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding those employees who 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 Textile Workers Union of America,
C. I. 0., or by Venetian Blind, Shade Cloth & Related Products
Union, Local No. 605, Upholsterers International Union of North
America, A. F. of L., for the purposes of collective bargaining, or
by neither.