American Woolen Co.

National Labor Relations Board - Board Decisions

Mar 26, 1943

48 N.L.R.B. 633 (N.L.R.B. 1943)

In the Matter of, AMERICAN WOOLEN COMPANY (NATIONAL AND PROVI-
DENCE'MILL) and TEXTILE WORKERS UNION OF AMERICA, C. I. O.
Case No. R-5000.-Decided March 06, 194.3
Jurisdiction : textile manufacturing industry.
Practice and Procedure : petition dismissed when petitioner did not make a suf-
ficient showing of representation among employees in the alleged appropriate
0
unit.
Mr. Spencer G. Montgomery, of Boston, Mass., for the Company.
Mr. Victor Canzano, of Providence, R. I., for the C. I. O.
Mr. A. M. Young, of Boston, Mass., for the A. F. of L.
Mr. Gaston Le Blanc and Mr. Laurence Spitz, of Woonsocket, R. I.,
for the Independent. ,
Mr. Joseph E. Gubbiris, of counsel to the Board.
DECISION,
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America,
affiliated with the C. I. 0., herein called the C. I. 0., alleging that a
question affecting commerce has arisen concerning the representation
'°,of employees of American 'Woolen Company, Providence, Rhode
Island, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Thomas H. Ramsey, Trial Examiner. Said hearing was held at Provi-
dence, Rhode Island, on March 9, 1943. The Company; the C. I. 0.,
Federal Textile Union 22004, affiliated with the A. F. of L., herein
called the A. F. of L., and the Industrial Trades Union, unaffiliated,
herein called the Independent, 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.
48 N. L. R. B., No. 76.
633
634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The American Woolen Company, a Massachusetts corporation, with
its principal executive office in New York City, is engaged in the manu-
facture and sale of woolen fabrics, blankets, and yarns. The Company
owns and operates 25 mills located in several States and maintains
offices in several cities of the United States. The National and Provi-
dence Mill located at Providence, Rhode Island, is the only mill in-
yolved in this proceeding. The raw materials used are woolen and
other fabrics, 100 percent of which is shipped to the National and
Providence Mill from points" outside the State of -Rhode Island.
Almost,all of the finished products are shipped to points outside of
the State of Rhode Island. The sales of the Company exceeded $50,-
000,000 during'the year 1942.
H. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations, the Federal Textile Union 22004, affiliated
,with the American Federation of, Labor, and the Industrial Trades
Union, unaffiliated, are labor organizations admitting to membership
employees of the Company.
M. THE ALLEGED QUESTION CONCERNING REPRESENTATION
On or about November 30, 1942, the- C. I. O. notified the Company
that it represented a majority of the Company's employees and. re-
quested exclusive recognition. The Company never replied to this re-
quest. On January 22, 1943, the C. I. O. filed its petition in this,
proceeding.
The A. F. of L. established a local among the Company's employees
in the,early part of 1939 and immediately thereafter began adjusting
grievances for the employees. The Company rejected all the demands
made by the A. F. of L. for exclusive recognition, asserting that it would
not recognize the A. F. of L. unless and until it was certified by the
Board. The A. F. of L. was certified by the Board on April 25, 1940,
after' winning a consent election,, and on September 3, 1940, signed a
collective bargaining agreement with the Company, which" was to be
in effect until February 1, 1941, and from year to year thereafter, unless
notice of termination was given by either party in December or Jan-
uary of any year. The parties commenced negotiations for a new.
AMEiRICAN WOOLEN COMPANY 635
contract in December, 1942.1 Since the new agreement was not signed
before the petitioners requested recognition the contract between the
Company and the A. F. of L. clearly does not constitute a bar to a
determination of representatives.
The A. F. of L. contends, however, that the C. I. O. and the Inde-
pendent have not made a sufficient showing of designation by the em-
ployees in the alleged appropriate unit to raise a question concerning
representation. We find merit in this contention. A statement pre-
pared by the Regional Director, introduced in evidence, discloses the
following : The C. I. O. submitted 241 membership cards, 173 of which
bear the names of persons whose names are on the Compay's pay roll
of January 28, 1943; this pay roll shows a total of 62 names in the
alleged appropriate unit. The Independent submitted 103 membership
cards, 77 of which bear the names of persons whose names are on the
Company's pay roll of January 28; 1943. The statement of the Re-
gional Director also shows that'42 employees had designated both the
C. 1. 0. and the Independent. Under these circumstances, we find that
the C. I. O. and the Independent have not made a substantial showing
of representation and that no question concerning the representation
of 'employees of the Company has arisen within the meaning of Section
9 (c) of the Act. We shall, therefore, dismiss the petition.2
ORDER
Upon the basis of the above findings of fact and the entire record
in the case, the National Labor Relations Board hereby, orders that
the petition for investigation and certification of representatives of
employees of American Woolen Company, Providence, Rhode Island,
filed by Textile Workers Union,of America, affiliated with the C. I. 0.,
be, and it hereby is, dismissed.
i At the date of the hearing the terms of a new contract had been agreed upon but the
contract had not been signed by the Company. Evidence was adduced to the effect that
it was to be signed on March 10, 1943.
2Matter of Cominander-Larabee Milling and Local Industrial Union #1153, affiliated with
the Congress of Industrial, Organczat,ons, 41 N. L."R. B. 957, and cases cited therein