The Lowell Bleachery, Inc.

National Labor Relations Board - Board Decisions

Jun 15, 1944

56 N.L.R.B. 1408 (N.L.R.B. 1944)

In the Matter of THE LOWELL BLEACHERY, INC. and TEXTILE WORKERS
UNION OF AMERICA, ST. LOUIS JOINT BOARD, C. I. 0.
Case No. 14-R-940.Decided June 15,1941
Messrs. A. L. Gar^nkel and William Truebe, of St. Louis, Mo., for
the Company.
Messrs. Artluur G. McDowell and Bert Miller, of St. Louis, Mo., for
the Union. '
Mr. Louis Cokin, of counsel to,the Board.
DECISION
AND '
DIRECTION OF ELECTION
STATEMENT OF THE CASE
'Upon petition dilly filed by Textile Workers Union of America, St.
Louis Joint Board, C. I. 0., herein called the Union' alleging that a
question affecting commerce had arisen concerning the representation
of` employees of The Lowell Bleachery, Inc., St. Louis, Missouri,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Harry' G.
Carlson, Trial Examiner. Said hearing was held at St. Louis, Mis-
souri, on May 13, 1944. The Company and the Union appeared, par-
ticipated, 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. - All parties were af-
forded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Lowell-Bleachery, Inc., is a Massachusetts corporation operating
a plant at St. Louis, Missouri, where it is engaged in the bleaching
of cotton cloth. During 1943 the Company received in excess of $200,-
000 for processing services. Seventy-five percent of the material
processed by the Company is shipped, to it from points outside the
State of Missouri, and the Company ships 75 percent of the finished
cloth to points outside the State of Missouri.
56 N. L R B, No. 253.
1408
THE LOWELL BLEACHERY, INC. 1409
The Company admits that it' is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America, St. Louis Joint Board, is a labor
organization affiliated with the Congress of Industrial Organizations,
,admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about March 30, 1944, the Union notified the Company that
it represented a majority of the sweepers and porters employed by the
Company and requested their inclusion in a production and mainte-
nance unit presently represented by the Union. The Company de-
clined to recognize the Union because of the existing contract in which
the Company recognized the Union as the exclusive representative of
all production and maintenance employees, specifically excluding the
sweepers and porters. Mere exclusion from'the coverage of an agree-
ment. does not foreclose to an otherwise appropriate group the right
to enjoy collective bargaining under the Act. Moreover, a sub-
stantial number of the employees involved herein haye indicated their
desire to be represented by the Union? Under the circumstances, we
find the Company's contention to be without merit .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 Act.
IV. THE APPROPRIATE UNIT; ,THE DETERMINATION OF REPRESENTATIVES
The Union contends that the appropriate unit consists of the pro-
duction and maintenance employees , as established by its contract with
the Company , together Nyith the sweepers and porters . However, the
Union does not seek an election covering the entire group, but desires
to have any election which may be ordered by the Board confined to
the porters and sweepers to determine whether or not those employees
desire to be included with the production and maintenance group for
the purposes of collective bargaining.
The sweepers and porters spend full time performing sweeping
and cleaning up work. We are of the opinion that the porters and
sweepers which the Union desires to have added to the production and
1 The statement of a Field Examiner of the Board , introduced into evidence at the hear-
ing, shows that the Union presented eight authorization cards bearing apparently genuine
signatures of persons whose names appear on the current pay roll of the Company. There
are nine employees involved in the instant proceeding.
2 See Matter of Chrysler Corporation, 36 N. L it. B 157.
1410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintenance unit may properly form part-of said unit if the employees
In view of the absence of any question concerning representation
among the employees in the original production and maintenance unit,
we shall direct an election only among the sweepers and porters con-
cerning whom -a question of representation has' arisen. If such em-
ployees select the Union they will thereafter be included in a unit
with the production and maintenance group and will be part of such
unit .4 -
We shall accordingly direct that the question concerning representa-
tion which has arisen be-resolved by an election by secret ballot among
the sweepers and porters who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
• herein,, subj ect , to the limitations and additions set forth in the
Direction. • •
so desire 3 - S
DIRECTION OF ELECTION
r
lective bargaining. ` • ` , S - •
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part'of the investigation-to ascertain representa-
tives for the purposes of collective bargaining with The Lowell
Bleachery, Inc., St. Louis, Missouri, 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 Fourteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the sweepers' and porters whose. names appear on the pay roll
preceding'the date of this Direction, including such employees who
• did not work during said pay-roll period because they were ill or
pn 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 supervisory employees with authority to
hire, promote,, discharge; discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, and
any 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, St. Louis Joint Board, affiliated with
the Congress of Industrial Organizations, for the purposes of col-,,
8 See Matter of Illinois Coal Works , 21 N. L. R. B. 660.
See Matter of Armour & Company, 40 N. L. R. B. 1333.