New Jersey Worsted Mills

National Labor Relations Board - Board Decisions

Aug 21, 1945

63 N.L.R.B. 455 (N.L.R.B. 1945)

In the Matter of NEW JERSEY WORSTED MILLS AND GERA MILLS and
TExTH.E WORKERS UNION OF AMERICA, C. I. O.
Case No. 2-R-5441.-Decided August 21, 1945
Mr. Donald G. Collester , of Clifton , N. J., for the Company.
Mr. Benjamin Wyle, of New York City , for the Union.
Mr. Stanley B. Korengold , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Textile Workers Union of
America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of New Jersey Worsted Mills and Gera Mills, Garfield, New
Jersey, herein collectively called the Companies, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before John J. Cuneo, Trial Examiner. Said hearing was held at Pas-
saic, New Jersey, on May- 31, 1945. The Companies and the Union
appeared and participated. All parties were afforded full opportunity
to be heard, to examine, and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded an opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
New Jersey Worsted Mills is a New Jersey corporation located at
Garfield, New Jersey. Its wholly owned subsidiary, Gera Mills, is a
New Jersey corporation located at Passaic, New Jersey. Both Com-
panies are engaged in the manufacture of wool and worsted piece
goods. During the past year the Companies purchased wool valued in
63 N. L. R. B., No. 70.
455
456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
excess of $1,000,000, of which approximately 90 percent was trans-
ported to the Companies from points outside the State of New Jersey.
During the same period the Companies' finished products were valued
in excess of $1,000,000,•of which approximately 90 percent was shipped
to points outside the State of New Jersey.
The Companies admit that they are engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated February 10, 1945, the Union informed the Com-
panies that it desired recognition as the exclusive bargaining repre-
sentative of all production and maintenance workers employed by the
Companies. The Companies, however, contending- that they have no
conclusive evidence that the Union represents a majority of the
employees involved, have refused to grant recognition to the Union.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union and the Companies are agreed that the appropriate unit
should consist of all production and maintenance workers employed
by the Companies,2 excluding office clericals, chemists, stylists,
designers, timekeepers, nurses, nurses' assistants, watchmen, foremen,
' The Field Examiner reported that out of 1,800 employees in the unit 'petitioned for,
the Union submitted 1,155 application for membership cards, 575 of which checked with
the names of persons on the Companies ' February 26, 1945 , pay roll. These cards were
dated as follows 39 dated prior to 1944, 303 dated in 1944, 28 dated January 1945, 67
dated February 1945 , 38 dated March 1945, 83 dated April 1945, and 17 dated May 1945.
2 Although the Companies are separate corporations and maintain separate books, they
have common officers and are under the same ultimate management . The production proc-
esses of the two companies are closely integrated since the New Jersey Worsted Mills
manufacture the yarn used by Gera Mills in making the finished cloth. The principal office
of the Companies is located in Garfield , New Jersey, where the executives of both Compa-
nies are situated The parties have stipulated that for the purposes of this proceeding
the Companies constitute a single employer within the meaning of Section 2 ( 2) of the
Act and that the employees of the Companies may together comprise a single bargaining
unit. See Matter of Kraft Products Corporation and Kraft Processing Corp., 61 N. L. R. B.
1238 ; Matter of Middle States Utilities Company of Iowa, et al., 58 N. L. It. B 482.
NEW JERSEY WORSTED MILLS 457
assistant foremen, section foremen, assistant section foremen, and
all other supervisory employees . They are in disagreement , however,
with respect to the inclusion or exclusion of the categories discussed
below.
Group leaders
The Union would include these employees in the bargaining unit,
whereas the Companies would exclude them. The record discloses that
these employees are experienced workers who spend part of their time
checking and assisting fellow employees placed under their direction.
They spend the greater part of their time, however, doing actual pro-
duction work . Group leaders work the same hours , receive the same
overtime, and get the same vacations as the ordinary production
employees . While they generally receive about 7 cents more per hour
than the other production employees , in certain departments they
receive the regular production rate. They do not possess the authority
to hire, promote, discharge , or discipline employees placed under
their direction , nor can they effectively recommend the same. In
view of these facts, we shall include group leaders in the appropriate
bargaining unit.
Plant clericals
The Companies have a number of clerical employees who work in
various production departments in the plant . These employees consist
of production clerks, quality control clerks , color weigher , sample
clerk, and receiving department clerk. The Union would include all
such employees in the bargaining unit, whereas the Companies would
exclude them.
The production clerks keep inventory records, prepare production
and cost schedules , and make out piece tickets which state the number,
style, and yardage of each piece of material . In some departments
they keep an account of the starting and finishing time on each piece
of goods; in that respect these particular production clerks act as time-
keepers, and their records are sent to the pay-roll department for use
in determining each production employee's pay. In most departments,
however, the production clerks do no timekeeping work, but rather
concern themselves principally with the production records.
The quality control clerks are responsible for the testing and mark-
ing of all yarn manufactured . These employees take samples of newly
processed yarn and test them for weight and thickness . They work in
each production department and report any defects to the section
foreman or to the department supervisor to whom they are directly
responsible.
The color weigher keeps an inventory of all dyestuffs and chemicals
received for use in the plant 's dye house. He weighs out, in accordance
458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with a. prescription sent by the dye house supervisor, the proper amount
of chemicals for each lot of goods to be dyed, and keeps records of the
same. He works in the dyeing department under the authority of the
dye foreman and the dye house supervisor.
The sample clerk is concerned with the preparation and mailing of
all samples. This employee prepares shipping labels, keeps a record
of the samples sent to the various customers, and writes a description
of each type of goods in the sample books. She works in the sample
department and is under the direction of the department foreman.
The receiving clerk keeps a record of all yarn received, the amount
of yarn used by each department per day, and the quantity of yarn
continually on hand. He also sends a daily written report to the assist-
ant production manager regarding the progress of each customer's
order. He works in the receiving and storing department and is under
the supervision of the section foreman.
The record indicates that all of the foregoing plant clericals work
the same hours, receive the same overtime, get the same vacations,
and enjoy the same working conditions as the regular production
employees. In view of these facts, it is our opinion that these plant
clericals, working in the various production departments under the
supervision of production foremen, have a community of interest with
the production and maintenance employees and, accordingly, belong
in the same bargaining unit as the latter employees. We shall, there-
fore, include production clerks, except those hereinafter discussed,
quality control clerks, color weigher, sample clerk, and receiving de-
partnment clerk in the appropriate bargaining Unit .3 We shall, how-
ever, exclude those production clerks whose duties include the keeping
of employee time records, since they are actually timekeepers whom
we customarily exclude from a bargaining unit of production and
maintenance employees.4
Cooks
The Companies employ for the operation of their two lunchrooms
two cooks and an assistant cook, all'of whom the Union would include
in the bargaining unit, whereas the Companies would exclude them.
These employees work on an hourly basis, receive the same overtime,
and get the same vacations as the production and maintenance em-
ployees. The evidence does not reveal that cooks possess supervisory
authority. We are of the opinion that the interests of cooks are suffi-
ciently allied with those of the production and maintenance employees
See Matter of Vulcan Mold and Iron Company, 62 N. L. R. B. 1219; Matter of Goodman
Manufacturing Company, 58 N. L. R B. 531.
4 Matter of Chicago Rawhide Manufacturing Company, 59 N. L. R. B. 1234; Matter of
Detroit Creamery Company, 58 N. L. It. B. 125.
NEW JERSEY WORSTED MILLS 459
to warrant their inclusion in the bargaining unit; accordingly, we
shall include them.5
Loom fixers
The Union desires to include all loom fixers in the bargaining unit,
whereas the Companies urge their exclusion. The Companies employ
50 loom fixers, whose principal duty is to keep in repair the 408 looms
operated by the 200 weavers. The loom fixers are responsible for
keeping all looms operating at maximum efficiency. The record indi-
cates that the loom fixers are paid on an hourly basis, receive time and
a half for overtime and get the same vacations as other production
and maintenance employees. Although the loom fixers also receive
a bonus based upon the production of the weavers under their direc-
tion, this fact does not make loom fixers supervisory employees, because
in certain departments bonuses are also given to the regular production
employees.6 Loom fixers do not possess authority to hire, promote,
discharge, or discipline employees placed under their direction nor
can they effectively recommend a change in their employee status.
They work under the authority of the weaving department foreman
and are ultimately responsible to the weaving department supervisor.
We are of the opinion that the interests and working conditions of
the loom fixers in these particular plants are substantially the same as
those of the production and maintenance employees, and we shall,
therefore, include them in the unit.7
Markers
The Union would include markers within the bargaining unit
whereas the Companies would exclude them. The markers work in
the mending department where they measure the defects in each piece
of cloth before the cloth is mended. These employees determine the
amount of mending necessary and write this information on the piece
ticket accompanying the cloth. The markers work on the same hourly
basis, receive the same overtime, and get the same vacations as the
ordinary production workers. They work in the mending department
along with and under the same supervision as the menders whom the
Company would include in the unit. In view of these facts, we shall
include markers in the appropriate unit.
Truck drivers and helpers
The Union would include these employees in the bargaining unit,
whereas the Companies would exclude them. The record indicates that
" See Matter of The Rauland Corporation, 62 N. L R. B. 248 ; Matter of Gerber Products
Company, 59 N. L. R. B. 1362.
0 An individual bonus is given to the regular production employees in the Specking and
Rolling Departments.
7 Cf. Matter of Luther Manufacturing Company, 59 N. L. R. B. 1307.
460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
these employees are engaged in transporting goods between the plant
buildings and in delivering the finished products to the Companies'
various customers. Approximately 90 percent of their time, however,
is spent doing the latter work. Because their duties and interests
differ substantially from those of the employees directly engaged in
the production process we shall exclude truck drivers and helpers from
the bargaining unit."
Laboratory employees
The Companies have two laboratories, 'one for wool scouring, the
other for yarn testing. The employees in the wool scouring laboratory
operate the scouring machines which remove the dirt, grease, and
foreign matter from the wool. The employees in the yarn testing
laboratory operate certain mechanical devices which test the yarn for
twist, count, tensile strength, and moisture content. All together there
are seven laboratory employees whom the Union would include within
the bargaining unit but whom the Companies would exclude. These
employees are not chemists nor do they have any professional training
or education. Whatever skill they possess has been acquired at the
plant. They are paid on the same hourly basis, work the same hours,
receive the same overtime, and get the same vacations as the other
production and maintenance employees. Since we have customarily
held that laboratory employees who make routine production tests are
an intimate part of the production process and properly belong to a
unit of production and maintenance employees, we shall include
laboratory employees in the bargaining unit.9
We find that all production and maintenance employees of New
Jersey Worsted Mills and Gera Mills, including group leaders, produc-
tion clerks, quality control clerks, color weigher, the sample clerk, the
receiving clerk, cooks and the assistant cook, loom fixers, markers, and
laboratory employees, but excluding the laboratory employee and pro-
duction clerks who keep employee time records, truck drivers and
helpers, office clericals, chemists, stylists, designers, timekeepers,
nurses, -nurses' assistants, watchmen, foremen, assistant foremen, sec-
tion foremen, assistant section foremen, and all other supervisory em-
ployees 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 purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
e Matter of Rauland Corporation , supra; Matter of Kengan d Co ., Incorporated, 61
N. L R B. 1222
See Matter of Armstrong Tire and Rubber Company, 61 N. L. R. B . 1503; Matter of
Kinney Aluminum Company , 60 N L. R. B 1399 . There is one laboratory employee who,
in addition to her regular laboratory work, keeps employee time records In view of her
timekeeping duties, we shall exclude her from the unit.
NEW JERSEY WORSTED MILLS 461
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with New Jersey
Worsted Mills and Gera Mills, Garfield, New Jersey, 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 Second Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Reg-
ulations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 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 or not they desire to be
represented by Textile Workers Union of America, C. I. 0., for the
purposes of collective bargaining.
MR. GEaARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
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