The United States Finishing Co.

National Labor Relations Board - Board Decisions

Sep 27, 1941

35 N.L.R.B. 951 (N.L.R.B. 1941)

In the Matter of THE UNITED STATES FINISHING COMPANY and INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSE-
MEN AND HELPERS OF AMERICA , LOCAL 671 (AFL)
Case No. R-2869.-Decided September 07, 194.1
Jurisdiction : textile fabric processing industry.
Practice and Procedure : petition dismissed where no appropriate unit within
scope of petition ; warehouse department employees not permitted to split off
from industrial unit.
Proskauer, Rose and Paskus, by Mr. Burton A. Zorn, of New York
City, for the Company.
Mr. Harold Strauch, of Hartford, Conn., for the A. F. of L.
Mr. Frank J. Benti, of Providence, R. I., and Mr. John F. Bello, of
Norwich, Conn., for the C. I. O.
Mr. Marvin C. Wahl, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On April 15 ,1941, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, Local 671 (AFL),
herein called the A. F. of L., filed with the Regional Director for
the First Region (Boston, Massachusetts) a petition alleging that a,
question affecting commerce had arisen concerning the representa-
tion of employees of The United States Finishing Company,' Nor-
wich, Connecticut, 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 15, 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
aut horized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
'The pleadings were amended at the hearing to conform to the correct name of the
Company.
35 N L R . B., No 185.
951
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On July 18, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the A. -F. of L.,
and Federation of Dyers, Finishers, Printers and Bleachers of Amer-
ica (CIO), herein called the C. I. 0., a labor organization claiming to
represent employees directly affected by the investigation. Pursuant
to notice, a hearing was held at Norwich, Connecticut, on August 13,
1941, before William S. Gordon, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company and the A. F. of, L.
were represented by counsel, the C. I. O. by its representative ; all
parties participated in the hearing. Full opportunity to be heard,
to examine and cross-examine witnesses and to introduce evidence
bearing on the issues was afforded all parties. During the course of
the hearing the Trial Examiner made various rulings on motions and
on objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed. On August 30,
1941, the Company filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The United States Finishing Company is a Connecticut corpora-
tion and operates a plant at Norwich, Connecticut, herein involved.
It also has subsidiary companies which are located in New Hamp-
shire, Rhode Island, and South Carolina. The Company is engaged
in bleaching, dyeing, printing, and finishing textile fabrics which it
receives solely for the purposes of processing. During the 12-month
period ending June 30, 1941, the Company received at its Norwich
plant over 41,000,000 yards of textile fabrics, more than 90 per cent of
which came from sources outside the State of Connecticut. During
the same period, the Company shipped more than 40,000,000 yards of
processed textile fabrics from its Norwich plant, 90 per cent of which
were sent to points outside the State of Connecticut. The Company
uses supplies consisting principally of drugs, chemicals, fuel, paper
boxes, and containers at its Norwich plant, amounting in value to ap-
proximately $120,000 a month. About 75 percent of such supplies
ure sent from points in the United States outside the State of Connec-
ticut. The Company concedes that it is engaged in commerce within
the meaning of the Act.
H. THE ORGANIZATIONS INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Local 671, is a labor organization affili-
THE UNITED STATES FINISHING COMPANY 953
ited with the American Federation of Labor. It admits to member-
ship truckers, yardmen, and warehousemen of the Company.
Federation of Dyers, Finishers, Printers and Bleachers of America,
is a labor organization affiliated with the Congress of Industrial Or-
ganizations. It admits to membership production and maintenance
employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The A. F. of L. contends that all warehouse department employees
of the Company at its Norwich plant, excluding supervisory em-
ployees, constitute an appropriate unit. The Company and the C. 1. 0.
contend that such a unit is inappropriate and urge dismissal of the
A. F. of L.'s petition on that ground and on the further ground that a
valid contract, which includes the warehouse-department employees,
presently exists between the Company and the C. I. O.
On February 10, 1941, the C. I. O. called a strike at the Company's
Norwich plant, as a result of which a memorandum agreement was
signed on February 13, 1941, between the Company and the C. I. O.
This agreement terminated the strike and provided for exclusive rep-
resentation by the C. I. O. of "all the production employees of the
Norwich plant, except office, clerical, supervisory and laboratory em-
ployees, and machine printers and engravers, watchmen and depart-
ment heads." On March 19, 1941, the Company and the C. I. O.
,entered into a formal agreement in which the C. I. O. was recognized
as the exclusive bargaining agent for "all employees in its Norwich,
Connecticut plant, except executive, supervisory, general office and
clerical employees, machine printers, employees in the laboratory, en-
graving department, and interplant truck drivers, watchmen and de-
partment heads." This agreement became effective as of February
17, 1941, and is to remain in force until August 1, 1944, and from year
to year thereafter unless terminated by either party by written notice
given 60 days in advance of the expiration date.
The A. F. of L. and the Company admit that the C. 1. 0. represented
a majority of the production and maintenance employees of the Com-
pany at the date of execution of the memorandum agreement , as well
as at the date of execution of the formal agreement.2
The A. F. of L. contends that the agreement between the Company
and the C. I. O. does not constitute a bar to this proceeding because
the C. I. O. never actually represented the warehouse-department em-
ployees and did not bargain for them. Donald Walsh, an employee
2It appears that as of the week ending February 8, 1941 , there were 10 employees in
the warehouse department . The C. I. O. held 6 signed cards , all dated in February, 1941.
As of August 2, 1941 , there were 12 employees in the warehouse department , 5 of whom
had signed C. I. O. cards in February . Of these 12 employees , 9 signed A. F. of L.
cards. Six of said cards were dated in March, 1941 , and 3 were undated. -
954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the warehouse department, testified that he and other employees of
the warehouse had been induced by a representative of the C. I. 0.
to sign membership application cards on February 10, 1941, the day
of the strike. He stated that the warehouse employees were asked
to sign the cards in order to enable the C. I. 0. to confront the Com-
pany with a large number of signed cards, and that they were assured
that in so doing they would not thereby become members of the
C. I.0.3 He testified that the warehouse employees advised the C. 1. 0 '
representative that they were "covered" by the A. F. of L.4 A C. I. 0.
witness denied that these statements were ever made. It is undisputed,
however, that the employees of the warehouse department went on
strike just a few hours after most of the other departments.
A conference was held between the Company and the C. I. 0.,
commencing at midnight February 12, 1941, and continuing until the
the early morning of February 13; it culminated in the signing of the
memorandum agreement. Leaders of the C. I. 0. were present with
a committee of employees who represented each of the Company's
departments which were to be included within the contract. Walsh
was present, representing the warehouse department. He did not
advise the Company at any time during the conference that the
C. I. 0. did not represent his department.' A company witness
testified that the Company attempted to exclude the warehouse de-
partment from the unit, but the C. I. 0. refused on the ground that,
as an industrial union, it desired to include the entire plant. When
the memorandum agreement was prepared at the close of the' con-
ference, the committee, including Walsh, signed it on the reverse
side. Walsh testified that before signing, he reminded the C. I. 0.
leaders present that employees of the warehouse department were mem-
bers of the, A. F. of L. and that he was told that his signing made no
difference because he would sign as a witness, and not as a party.
This testimony by Walsh was denied by a C. I. 0. leader who was
present at the conference. After the memorandum agreement was
signed, a ratification meeting of the Company's employees was held
3 Walsh testified that he did not know that the card he signed authorized the C. I. O.
to act as his bargaining agent , although he admitted reading it before signing. The card
reads : "I hereby accept membership in the Federation of Dyers, Finishers, Printers &
Bleachers and of my own free will hereby authorize the Federation of Dyers, 'Finishers,
Printers & Bleachers , its agents or representatives , to act for me as collective bargaining
agent in all matters pertaining to rates of pay, wages , hours of employment or other
conditions of employment."
4 Before the strike occurred , warehouse -department employees advised the A F. of L
that they desired to become members However, membership cards were not signed until
March 1, 1941 , for the professed reasons that the employees were unable to obtain
membership-application cards , that the A. F. of L's representative was out of town, and
that he was too busy An A. F. of L. representative testified that cards were not signed
until March 1 because the A. F. of L. was in doubt whether or not to take in the Company's
warehousemen
G As a matter of fact, the Company did not know of the A. F. of L.' s claim until a
number of days after the formal agreement was executed on March 19, 1941.
THE UNITED STATES FINISHING COMPANY 955
at which Walsh and other warehouse-department employees were
present. They voiced no dissent to the agreement. Pursuant to the
agreement between the Company and the C. I. 0., warehousemen
received a wage increase and a week's vacation with pay.
Ten truckers and 2 weighers comprise the warehouse department
at the plant. Their duties involve unloading of trucks, delivering
goods to various departments and storing them away. They also
load trucks for shipment from the plant. Some yardmen, whom the
A. F. of L. does not claim to represent, are classified as truckers by
the Company, do substantially similar work, and are included in the
C. I. O.'s contract with the Company. It appears that no experience
is necessary to be a trucker in the warehouse department, for no
skill is required. There is an interchange of employees between the
warehouse and other departments where unskilled labor is employed.
Warehousemen work a normal 40-hour week, as do all the other em-
-ployees of the plant. Along with all the other departments, except
office and supervisory departments, they are paid an hourly rate.
The record shows that other contracts which are in effect in the
industry cover an industrial unit, including warehousemen.
In view of the collective bargaining history on an industrial basis
in this case as well as throughout the industry, and in view of the
nature of the unit which the A. F. of L. seeks to establish herein,
we are of the opinion that it would be inappropriate to split off a
small group of employees from the industrial unit as requested .6
We find, therefore, that a unit restricted to the warehouse-department
employees of the Company at its Norwich plant, as requested by
the A. F. of L., is not appropriate for the purposes of collective
bargaining.'
IV. THE QUESTION CONCERNING REPRESENTATION
Since the bargaining unit sought to be established by the petition
is not appropriate, as stated in Section III, above, we find that no
question has arisen concerning the representation of employees of
the Company in an appropriate bargaining unit.
Upon the basis of the above findings of fact, and upon the entire
record in the case; the Board makes the following :
CONCLUSION OF LAW
No question concerning representation of employees of The United
States Finishing Company, Norwich, Connecticut, in a unit which
6Matter of Vega Airplane Company and United Aircraft Welders of America ( Unaffili-
ated ), 32 N L R. B. 1110.
T In view of our decision , we find it unnecessary to pass upon the other contention
raised by the Company and the C. I. 0, namely , that the existing contract operates as
a bar to a finding of a question concerning representation among the employees in the,
unit claimed by the A. F. of L.
956 DECISIONS " OF NATIONAL LABOR RELATIONS BOARD
is appropriate ^ for the purposes of_ collective bargaining ' has' arisen,
within the meaning of Section 9 ( c) of the National Labor Relations
Act.
ORDER
On the basis of the foregoing findings of fact and conclusion of
law,' the. National Labor Relations Board orders that the petition
,for investigation and certification of representatives filed by the
International Brotherhood of Teamsters , Chauffeurs, Warehousemen
and Helpers of America, Local 671 (AFL) be, and it hereby is,
dismissed. '