Bentley & Co. Inc.

National Labor Relations Board - Board Decisions

Feb 18, 1943

47 N.L.R.B. 723 (N.L.R.B. 1943)

In the Matter of BENTLEY & Co., INC., and FEDERATION OF WOOLEN,
AND WORSTED WORKERS OF AMERICA, UNrrED' TEXTILE WORKERS OF
AMERICA, A. F. of L.
Case ,No; R-4840.Decided February ' 18, {1943
Jurisdiction : wool sorting industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company's plants, excluding supervisors, executives, and
office and clerical employees ; stipulation as to.
Mr. E. Bentley, of Boston, Mass., for the Company.
Miss Mary Taceone, of Lawrence, Mass., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF Ti CASE
Upon petition duly fixed by Federation of Woolen and Worsted
Workers of America, United Textile Workers of America, A. F. of L.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Bentley &
Co., Inc., North Chelmsford, Massachusetts, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Thomas H. Ramsey, Trial
Examiner. Said hearing was held at Lowell, Massachusetts, on Feb-
ruary 5, 1943. The Company and the Union appeared and partic-
ipated in the hearing.' All parties 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 af-
firmed.
Although Textile Workers Union of America was served with notice of hearing, it did
nbt appear. -
47 N. L. R. B., No. 93.
723
724 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 COlMPAEY
Bentley & Co., Inc. is a Massachusetts corporation with its prin-
cipal office at Boston, Massachusetts. We are here concerned with
its plant at North Chelmsford, Massachusetts, where it is engaged
in the sorting of raw wool. ' The Company sorts from 5 to 10 million
pounds of raw wool annually at its North Chelmsford' plant, approxi-'
mately 99 percent of which is shipped, to it from points outside the
State of Massachusetts. Between 2,500,000 and 5,000,000 pounds of
wool are shipped from the North Chelmsford plant to points outside
the State of Massachusetts annually. ,
H. THE ORGANIZATION INVOLVED
Federation of Woolemand Worsted- Workers =of America,- United
Textile Workers of America, is°a-lxbor=organization'.affiliated with the
American Federation of Labor, admitting to membership employees
of the company. -
III. THE QUESTION CONCERNING REPRESENTATION
During January 1943 the Union requested the Company to recog-
nize it as the exclusive representative of the employees at the North
Chelmsford plant of the Company. . The Company refused this re-
quest until such time as the Uni 'On could prove that it represents it
majority of its employees. '
A statement of the Trial Examiner, read into evidence during the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be 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 , National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find , in accordance with a stipulation of the parties , that all
production and maintenance employees at the North Chelmsford plant
of the Company , excluding supervisors , executives , and office and
clerical employees ,, constitute a-unit appropriate for the purposes of
collective bargaining , within the -meaning of Section 9 (b) of the
Act. -
2 The Trial Examiner reported that the Union presented 14 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of January 5, 1943. There are approximately 16 employees in the appropriate unit.
BENTLEY & 00., INC.
V. THE DETERMINATION OF REPRESENTATIVES
725
We shall direct that the question concerning representation be re-
solved by means of an election by secret ballot among the employees
in the appropriate unit who were employed during the pay-roll pe-
riod immediately, preceding, the date of the Direction, of Election here-
in, subject to the limitations and additions set forth in the Direction.
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 Rela-
tions Act, and pursuant to Article III, Section 9, 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 Bentley & Co.,
Inc., North Chelmsford, Massachusetts, 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. super-
vision 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 10, of said Rules and Regulations, among the
employees in the unit found appropriate 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for 'cause, to de-
termine whether or not ,they desire to be represented by Federation
of Woolen and Worsted Workers of America, United Textile Workers
of America, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.