Textron, Inc.

National Labor Relations Board - Board Decisions

Apr 14, 1947

73 N.L.R.B. 393 (N.L.R.B. 1947)

In the Matter of TEXTRON, INCORPORATED , EMPLOYER and AMALGAM-
ATED CLOTHING WORKERS OF AMERICA, C. I. 0., PETITIONER
Case No. 1-R-.401.Decided April 14,1947
Messrs. Edwards cC Angell, by Mr. William C. Waring, of Provi-
dence, R. I., for the Employer.
Messrs. Grant d Angoff, by Mr. Sidney Grant, of Boston, Mass.,
for the Petitioner.
Messrs. Roewer, Reel, and Donovan, by Mr. Walter R. Donovan,
of Boston, Mass., for the Intervenor.
Mr. Ralph A. Roberts, of Boston, Mass., for the Intervenor.
Mr. Bernard L. Balicer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Boston,
Massachusetts, on December 17, 1946, before Robert E. Greene, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDING OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Employer, a Rhode Island corporation with general offices in
Providence, Rhode Island, operates manufacturing facilities in the
States of Rhode Island, New York, Maine, New Hampshire, the Com-
monwealth of Massachusetts, and other States. The Employer's plants
at Lowell, Massachusetts 1 are the only ones involved in this pro-
ceeding. The Lowell plants are engaged in the manufacture of men's
shirts and house furnishings. During the 12 months preceding De-
cember 1946, the Employer purchased raw materials valued in excess
of $100,000, more than 50 -percent of which was purchased outside
the Commonwealth of Massachusetts. During the same period, the
i Referred to by the parties as Lowell Plants Nos . 1 and 2.
73 N. L. P. B., No. 75. 393
394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lowell plants shipped finished goods exceeding $100,000 in value,
of which more than 50 percent was shipped to points outside the
Commonwealth of Massachusetts.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations , claiming to represent employees of the
Employer.
International Ladies' Garment Workers' Union , herein called the
Intervenor , is a labor organization affiliated with the American Fed-
eration of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.-2
IV. THE APPROPRIATE UNIT
We find, in substantial accord with the agreement of the parties, that
all production and maintenance employees of the Employer at its
Lowell plants, including truck drivers and warehouse employees, but
excluding office and clerical, factory clerical, cafeteria and laboratory
employees, guards, watchmen, nurses, the master mechanic, foremen,
instructor-supervisors, mechanical department foremen and the assist-
ant department foreman, and all or any other supervisory employees
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.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot, subject to the
limitations and additions set forth in the Direction.
"The Inteivenor urged that the pendency of unfair labor pi.ictice charges which it filed
against the Employer (Case No 1-C-2882 and Case No 1-C-2938) constituted a bar to
the instant proceeding Since the Board on January 22 and January 29, 1947, respectively,
sustained the Regional Duector's refusal to issue a complaint on these charges, there is no
reason to delay a determination of representatives Matter of Durasteel Company, 67
N. L R. B. 1295
TEXTRON, INCORPORATED 395
The Intervenor contends that the election should be postponed be-
cause the Employer now employs less than 50 percent of its con-
templated personnel. Approximately 509 persons were employed in
the unit at the time of the hearing. The Employer's division manager
testified that a total of approximately 763 persons will be employed
in the unit within 4 to 6 months and that the number might reach
approximately 950 in 6 months. He further testified, however, that
the time and the extent of the increase in the number of employees
is contingent upon the supply of required machinery and further de-
velopment of the Employer's plans. In view of the foregoing, and in-
asmuch as at the time of the hearing more than 50 percent of the maxi-
mum number of employees anticipated were already employed, we
find that an election is now appropriate.3
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Textron, Incorporated, Lowell,
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 supervision of the Regional Director
for the First Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Sections 203.55 and 203.56, of
National Labor Relations Board Rules and Regulations-Series 4,
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 vaca-
tion 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 dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election, to determine whether they desire to be represented
by Amalgamated Clothing Workers of America, C. I. 0., or by Inter-
national Ladies' Garment Workers' Union, A.. F. of L., for the pur-
poses of collective bargaining, or by neither.
3 See Matter of Textron, Incorporated, 71 N. 16 R B 731.