William Barnet & Son, Inc.

National Labor Relations Board - Board Decisions

Jun 12, 1947

74 N.L.R.B. 81 (N.L.R.B. 1947)

In the Matter of WILLIAM BARNET & SON, INC., EDIrLOYER and TEx'I'IIE
WORKERS UNION OF AMERICA, CIO, PETITIONER
Case No. P-R4544.-Decided June 1P, 194.7
Messrs. O'Connell c0 Aronowitz, by Ill?. Leon Aronowitz, of Albany,
N. Y., for the Employer.
Mr. Jack Rubenstein, of New York City, for the Petitioner.
Messrs. Abraham Pincus, of Brooklyn, N. Y., and James P. Corbett,
of Cohoes, N. Y., for the UTW, AFL.
Mr. Manuel Perez, of Rensselaer, N. Y., for Local 520.
Mr. Abraham, Franlc, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Albany,
New York, on April 9, 1947, before Bertram Diamond, hearing 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 :
FINDINGS OF FACT
1. TILE BUSINESS OF TILE EMPLOYER
William Barnet & Son, Inc., a New York corporation, is engaged
in the manufacture of reworked wools, cotton and wools, and gar-
netted rayons. Its principal office and factory are located in Rens-
selaer, New York.
During the 12-month period prior to the hearing, the Employer
purchased raw materials valued in excess of $100,000, of which ap-
proximately 50 percent was received from sources outside the State
of New York. During the same period the Employer sold finished
products valued in excess of $1,000,000, of which approximately 25,
percent was shipped to points outside the State of New York.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
714 N L R B., No 2 0. 81
82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
Employer.
The United Textile Workers of America, herein called the UTW,
AFL, is a labor organization affiliated with the American Federation
of Labor, claiming to represent employees of the Employer.
Local 520, Federation of Woolen and Worsted Workers of America,
herein called Local 520, is a labor organization, 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 Peti-
tioner has been certified by the Board in an appropriate unit.
The UTW, AFL, contends that it has an existing collective bargain-
ing agreement with the Employer which precludes a present deter
mination of representatives. Petitioner and Local 520 argue that the
contract upon which the UTW, AFL, relies has been terminated and
does not constitute a bar to the instant proceeding. The Employer
takes a neutral position.
The record reveals that the Department of Woolen and Worsted
Workers. hereinafter called the Department, then affiliated with the
UTW, AFL, was designated as the exclusive bargaining representative
of the production and maintenance employees of the Employer as the
result of a consent election in September 1940. Thereafter, the De-
partment and its subotdniate Local 520 entered into a series of con-
tracts with the Employer. The last such contract was executed on
February 15, 1945, effective until December 4, 1946, and automatically
renewable for an additional 2 years unless either party gave notice m
writing to the other of a desire to modify or terminate the contract 60
clays prior to the termination date.
Prior to October 4, 1946, the automatic renewal date of the 1945 con-
tract, Local 520 and its officers were suspended by the UTW, AFL,
due to an intra-organizational dispute. Local 520, however, reelected
all its suspended officers and commenced negotiations with the Em-
ployer for a new contract. A conference held with the Employer on
September 28, 1946, was attended by Joseph Sylvia, then National Di-
rector of the Department, and officers of Local 520. On October 1,
1946, Sylvia notified the Employer by letter, that the membership of
Local 520 requested certain changes in the existing contract. Shortly
thereafter Sylvia, himself, was suspended from his directorship of the
WILLIAM BARNET & SON, INC. 83
Department by the UTW, AFL. On October 4, 1946, the Employer,
replying to Sylvia 's letter of October 1 , 1946, rejected certain of the
proposals advanced therein and offered several counterproposals. At
the time of the hearing , Local 520 had disaffiliated itself from the
UTW, AFL, and together with other locals of the Department had
formed the Federation of Woolen and Worsted Workers of America,
an independent organization . The petition ill the instant case was
filed on February 3, 1947.
We are of the opinion that the contract of 1945 was not auto-
matically renewed on October 4 , 1946. It is apparent from the record
that Sylvia was still National Director of the Department on October
1, 1946, and as such had authority to notify the Employer of requested
changes in the existing contract , which he himself had signed for the
Department in 1945. It is clear , moreover, that he was supported in
his action by the officers of Local 520 , who, with Sylvia, had conducted
negotiations for a new contract . Under these circumstances , we con-
clude that the Department and Local 520 gave appropriate notice of a
desire to modify the 1945 contract , and thereby stayed operation of
the automatic renewal clause. Accordingly , we find that the contract
is not a bar to the present determination of representatives.'
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.
IV. THE APPROPRIATE UNIT
We find, in accord with the agreement of the parties, that all pro-
duction and maintenance employees of the Employer, excluding office
workers, salesmen, shipper foremen, millwright foremen, foremen,
executives, 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, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with William Barnet & Son, Inc.,
Rensselaer, New York, an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30) days from the date
' See Matter of Riggs Optical Company , 67 N L R B 565 , see also Matter of Adiron-
dack Transit Lines, 54 N L. R B 974.
2 Any participant in the election herein -may, upon its prompt request to and approval
thereof by the Regional Director , have its name removed from the ballot.
84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of this Direction, under the direction and supervision of the Regional
Director for the Second 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 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 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 Textile Workers Union of America, CIO, or by
United Textile Workers of America, AFL, or by Local 520, Federation
of Woolen and Worsted Workers of America,,' for the purposes of
collective bargaining, or by none.
CI-HAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
8 At the time of the hearing Local 520 was in doubt as to the form of designation it
desired on the ballot. However, if Local 520 desires to be designated other than set forth
above, it may direct its request to the Regional Director to whom the Board has delegated
discretionary authority in such matters