Strong, Hewat & Co., Inc.

National Labor Relations Board - Board Decisions

Jun 20, 1942

41 N.L.R.B. 1166 (N.L.R.B. 1942)

In the Matter of STRONG, HEWAT & CO., INC. and STRONG, HEWAT IND.
'WOOLEN WORKERS UNION
Case No. R-3820.-Decided June 00, 1942
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; elections
necessary.
Units Appropriate - for Collective Bargaining : single or separate units compris-,
ing (1) production employees and (2) weavers and weave-room employees;
determination of, dependent upon elections.
Mr. Douglas Hewat, of North Adams, Mass., for the Company.
Mr. John N. Alberti, of North Adams, Mass., for the Woolen
Workers. -
Mr. Esmonde Mahoney, of North Adams, Mass., for the Weavers
Club.
Mr. Cecil F. Poole, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon an amended petition duly filed by Strong, Hewat Ind. Woolen
Workers Union, herein called the Woolen Workers, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Strong, Hewat & Co., Inc., North Adams, Massa-
chusetts, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Samuel G. Zack, Trial Examiner. Said hearing was held at North
Adams, Massachusetts, on May 11, 1942. The Company, the Woolen
Workers, and Briggsville Weavers, Club, 'herein called the Weavers
Club, appeared, participated, and were afforded full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings, made
at the hearing, are free from prejudicial error and are hereby affirmed.
Subsequent to the hearing, the Woolen Workers and the Weavers
41 N. L R. B., No. 211.
1166
STRONG, HEWAT & CO., INC. 1167
Club filed with the Board a stipulation correcting certain minor omis-
sions in the transcript. The stipulation is hereby approved and
made a part of, the record, and the- corrections are hereby ordered
made in the transcript.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Strong, Hewat & Co., Inc., is a corporation organized under the
laws of the State of New York, having its principal office and a'
single plant in North Adams, Massachusetts, where it is engaged in
the manufacture and sale of woolen textiles. Raw materials used
by the Company consist of raw wool, dye stuffs, and chemicals. For
the 6-month period ending February 28, 1942, the Company purchased
raw wool valued at $546,659, all of which was shipped from States
other than the State of Massachusetts ; dye stuffs valued at approxi-
mately $18,300, approximately 40 percent of which was obtained from
States other than the State of Massachusetts; and $6,640 worth of
chemicals, a substantial portion of which represents shipments from
States other than Massachusetts. During the same period, the Com-
pany produced finished woolen textiles amounting in volume to
498,075 yards, and valued at $1,135,087, more than 98 percent of which
was shipped to points outside the State of Massachusetts.
II. THE ORGANIZATIONS INVOLVED
Strong, Hewat Ind. Woolen Workers Union is an unaffiliated labor
organization admitting to membership employees of the Company.
Briggsville Weavers Club is an unaffiliated labor organization ad-
mitting to membership the Company's weavers and weave-room em-
ployees.
III. THE QUESTION CONCERNING REPRESENTATION
The Company, in May` 1942, executed a contract recognizing the
Woolen Workers as collective bargaining representative of its mem-
bers, but the Company refuses to recognize it as exclusive representa-
tive of all the Company's employees without certification by the
Board.
A statement of the Regional Director, introduced in evidence at
the hearing, shows that the Woolen Workers and the Weavers Club 1
, Incorrectly named in the Regional Director 's statement as "Briggesville Weavers Club,
Inc."
1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
each represents a substantial number of employees in the unit it
alleges to be appropriate.2
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Woolen Workers claims that all production employees of the
Company, excluding overseers and second hands, constitute the appro-
priate unit. The Weavers Club contends that all the weavers and
all' employees in the Company's weave room constitute an appropriate
unit. The Woolen Workers has no members in the weave room, and
the Weavers Club admits to membership only weavers and employees
in the' weave room. The Company takes no position on the question.
The Woolen Workers argues that the unit sought by the Weavers
Club is not well 'defined because it covers the entire weave room,
including weavers and other employees, and because certain of these
other employees perform the same functions as, and are interchange-
able with, employees in other departments; and that stable labor
relations would better be served by having a single plant-wide unit.
In reply, the Weavers Club points out that its membership is confined
tc weavers, who constitute a craft, and to other employees in the
«eave room, whose duties are closely related to those of the weavers ;
that it has nearly 100 percent membership among these employees;
and that it has an 8-year history of successful, independent, collective
bargaining with the Company.
There are 10 departments of the plant, each engaged in a separate
stage of the manufacturing process.3 In its weave room the Com-
pany usually employs about 80 weavers and 27 other employees called
"floor help," whose duties are directly related to the operation of the
looms.4 There are 3 weavers in the sample room whose work is
2 The Regional Director reported that the woolen workers submitted 286 signed cards
showing dues payments in 1942, of which 268 bear names of persons on the Company's
pay roll of April 25, 1942 , which pay roll contained 418 names in the alleged appropriate
unit.
The Regional Director also reported that the weavers Club submitted a journal book
containing 105 names of employees in good standing , and an affidavit containing the
same 105 names and 9 additional names of paid -up members . Of the 114 names, 102
are names of persons on the Company's pay roll of April 25 , 1942, for the weave room
and sample room , which pay roll contained a total of 115 names
Two names on 'the Company 's pay roll-one in the weave room and one in the
sample room-appear on both lists.
'These are-the wool room , dye house, cardroom , spinning room , dressing room, twisting
room , spooling room , weave room , sample room , and finishing room
4 Floor help in the weave room includes loom fixers , who keep the looms in operation ;
chain builders , who make chains which go on the looms and guide the patterns ; filling-
girls, who bring the filler into the weave room and insert it into the shuttles ; drop-wire
STRONG, HEWAT & CO., INC. 1169
similar to that of the weavers in the weave room, except that they
work on samples.
Weaving requires special training. It takes about 5 years to be-
come a good weaver. Apprentices go through a training period during
which they work in the weave room as floor help and gradually
acquire a knowledge of the operation of the looms.5 This usually
requires about 2 months. Weavers are paid by the thousand-pick,"
and their wages are about $15 a week higher than those of other
employees. 1
All employees in the weave room, including floor help are eligible
for membership in and are members of the Weavers Club. Two of
the three weavers in the sample room also are members. No other
employees are eligible. It thus appears that membership in the
Weavers Club is confined,to a cohesive group of employees, all of
whom are engaged in supplying, servicing, or actually operating
looms.
Since its organization in 1934, the Weavers Club has bargained
with the Company with respect to wages, hours, and other conditions
of work of its members among both the weavers and the floor help.
It has never solicited membership among, nor has it ever bargained
for employees in any other department, and the Company has recog-
nized the Weavers Club as a separate bargaining agent.
The Woolen Workers was organized in 1912 as the "Spinners
Social Club," and until 1939 it included only employees in the spin-
ning room. During this period its functions were, as its name im-
plies, primarily social. In 1939 its name was changed to "Clarksburg
Spinners Union," and employees in the twisting department were
made eligible. In 1941,-membership was opened to the entire plant,
and in January' 1942, its present name was adopted.
The Woolen Workers did no bargaining with the Company prior
to August 1941. At that time a general 10-percent wage increase
as granted, throughout the industry, and the Woolen Workers per-
suaded the Company to grant, instead, a flat increase of 7 cents per
hour. This substitution benefited the lower-paid production em-
girls, who operate electric drop wires which go over the back of the looms and auto-
matically stop them when threads break, drawer s-in, who draw the thread of the warp
through the heddle • in making the pattern , and perchers , who inspect the cloth as it
comes off the loom and before it goes to the finishing room There are also perchers
in the finishing department , filling girls in the spinning room, and one drawee -in in the
sample room
6 The Company does not itself train new weavers, but has always left the matter to the'
Weavers Club Formerly beginners were required to pay some experienced weaver a
fee of $25 and take from him a rigid 2 weeks ' course The weavers have discontinued
this practice.
6 A pick is a piece-work measurement One pick is registered with each drive of the
loom shuttle Drawers - in, spoolers , and some employees in the spooling room and in the
finishing room are also paid on a piece -woik basis All other employees are paid by
the hour
463892-42-vol. 41-74
1170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, who belonged to the Woolen Workers, but it represented a
loss to the weavers who would have gained more by a 10-percent
increase. In October 1941, upon request of the Woolen Workers,
the Company instituted a plan of group insurance, but required as
a condition that the members of the Weavers Club join in the
proposal.
While a single plant=wide unit of the Company's production em-
ployees might be considered appropriate' the facts also indicate the
appropriateness of a separate unit of weavers and weave-room em-
ployees. The Weavers Club's history of independent organization
at the plant, its_ long record of separate negotiations with the Com-
pany, the separateness of that work from other work in the plant,
and the requirement of special skill on the part of weavers all tend
to indicate the appropriateness of a separate unit.
Under the circumstances, we find that the weavers and weave-room
employees could properly constitute a separate unit or could properly
be included with the Company's other production employees in a
plant-wide unit, either of which would be a unit appropriate for the
purposes of collective bargaining, within the meaning of Section
9 (b) of the Act. We shall therefore, direct separate elections
among: (1) the weavers and weave-room employees of the Company,
to determine whether they desire to be represented by the Weavers
Club, by the Woolen Workers, or by neither, and (2) among the
remaining production employees of the Company, to determine
whether or not they desire to be represented by the' Woolen
Workers. Upon the results of these elections will depend in part
our determination of the appropriate unit or units." If a majority
of the weavers and weave-room employees and a majority of the
remaining production employees choose the same bargaining agent,
then the two groups of employees will together constitute a single
unit; otherwise they will not.
As we have previously noted, the Woolen Workers seeks to exclude
from the unit overseers and second hands, who are supervisory em-
7 In Matter of Border City Mfq Co and Textile Workers Union of America ( C. I 0 ), and
Matter of Richard Borden Mfg Co and Textile Workers Union of America ( C I. 0.),
36 N. L R . B 678 ; Matter of Arkwright Corporation and Textile Workeis Union of
America ( C I 0.), 36 N L R B 687; and Matter of Sagamore Mannfactuiing Co., et al.
and Textile Workers Union of America , et al, 39 N. L. R. B. 909 , we fohnd that plant-wide
units were, appropriate and denied the requests of various locals for separate craft units.
However , in those cases, the craft locals had for many years bargained on an industilal
basis , and the units which they proposed were in fact segments of larger craft groups.
' 8 Cf Matter of Globe Machine and Stamping Company and Metal Polishers Union,
Local No 3, et at, 3 N L. R . B 2'94; Matter of Pacific Mills , Cocheco Division and Dover
Independent Textile Workers Union , 10 N. L. R B. 26; and Matter of Bendix Products
Division of Bendix Aviation Corporation and Pattein Makers League of North America,
South Bend Association , affiliated with the A F. of L, 39 N L R B 81
STRONG, HEWAT & CO,, INC. 1171
ployees. In accordance with our practice we shall exclude super-
visory employees from both voting units.
The only remaining question is with respect to the inclusion or -ex-
elusion of truck drivers, watchmen, gatemen, and the machine-shop
crew, who are eligible for membership in the Woolen Workers but
not in the Weavers Club. The Company has 1 truck driver, and 1
utility driver who is also a maintenance man; 2 watchmen, who make
inspection rounds, punch clocks, and check up generally; and 6 gate-
men, who are also guards. The machine-shop crew numbers about 15
employees, including machinists, carpenters, assistant carpenters,
painters, plumbers, electricians, laborers, and firemen. Some of the
machine-shop employees are overseers or second hands, although the
record does not indicate which. At one time about 6 machine-shop
employees joined the Woolen Workers, but they later withdrew. The
Weavers Club and the Company take no position on whether these
fringe groups of employees should be included or excluded. Since
the work of these employees is dissimilar from that of the production
employees, and since neither the Woolen Workers nor the Weavers
Club has any representation among them, we shall exclude them from
the voting groups.
V. TIIE DETERMINATION OF REPRESENTATIVES
We find than the question concerning representation which has
arisen can best be resolved by separate elections by secret ballot among
the employees in the voting groups described above who were em-
ployed during the pay-roll period immediately preceding the date of
the Direction of Elections herein, subject to the limitations and addi-
tions set forth in the Direction.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section-8, of National Labor
Relations Board Rules and Regulations=Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Strong, Hewat &
Co., Inc., North Adams, Massachusetts, separate elections 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
1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the employees in the voting groups described 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 such pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tem-
porarily laid off, but excluding employees who have since quit or
been discharged for cause , to determine whether the employees in the
first group desire to be represented by Briggsville Weavers Club, or
by Strong , Hewat Ind . Woolen Workers Union, for the purposes of
collective bargaining , or by neither ; and to determine whether or
not the employees in the second group desire to be represented by
Strong, Hewat Ind. Woolen Workers Union, for the purposes of
collective bargaining.