A. D. Juilliard & Co., Inc.

National Labor Relations Board - Board Decisions

Aug 13, 1943

51 N.L.R.B. 1273 (N.L.R.B. 1943)

In the Matter of A. D. JIILM ARD & Co., INC., ATLANTIC MILLS DIVISION
and UNITED TEXTILE WORKERS OF AMERICA (A. F. L.)
Case No. R-5684.-Decided August 13, 1943
Edwards & Angell , by Mr. Kirk Smith, of Providence , R. I., for the
Company.
Mr. Frank Sgambata, of Providence , R. I., for the A. F. L.
Messrs. Albert G. Clifton and Victor Canzano , and Miss Elizabeth
Nord, of Providence , R. I., for the C. I. O.
Miss Frances Lopinsky , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Textile Workers of America
(A. F. L.), herein called the A. F. L., alleging that a question affecting
commerce had arisen concerning the representation of employees of
A. D. Juilliard & Co., Atlantic Mills Division, Providence, Rhode
Island, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Samuel
G. Zack, Trial Examiner. Said hearing was held at Providence, Rhode
Island, on July 9, 1943. The Company, the A. F. L., and Textile
Workers Union of America (C. I. 0.), herein called the C. I. O.,
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 hear-
ing are free from prejudicial error and are hereby affirmed.' All
parties were afforded opportunity to file briefs. with the Board.
1 At the bearing the A. F. L offered the Trial Examiner 315 dues cards for the purpose
of supplementing the cards submitted to the Regional Director . The Trial Examiner
refused to accept these cards on the ground they were unnecessary to indicate a substantial
showing of representation.
51 N. L. R. B., No. 203.
1273
1274 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
A. D. Juilliard & Co., Inc., is a corporation engaged in the business
of manufacturing woolen and worsted cloth in connection with the
war effort. Wool is its principal 'raw material. In 1942 at its At-
lantic Mills Division in Providence, Rhode Island, the Company used
wool of a value in excess of $1,000,000, all of which came from points
outside the State of Rhode Island. In 1942 the value of its finished
product was in excess of $3,000,000, 95 percent of which was shipped
outside the State of Rhode Island.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Textile Workers of America is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Sometime in February and again in May 1943, the A. F. L. requested
recognition as the sole bargaining representative for the Company's
employees. The Company stated that because of an existing contract
with the C. 1. 0., it would recognize and bargain with whichever union
might be certified by the Board. The C. I. O.'s contract will expire in
August 1943.
The A. F. L. presented to the Regional Director 753 cards, in the
following form :
I, ____________________, hereby, of my own free will, authorize
the United Textile Workers of America, A. F. of L., their agents,
or representatives, to petition the National Labor Relations Board
for an election at the Atlantic Mill of the A. D. Juilliard and Co.,
Inc., Providence, Rhode Island, so that I shall be able to regis-
ter my choice of representative for collective bargaining by secret
ballot.
These were checked by the Regional Director against a company pay
roll containing 2,309 names and all appeared to bear genuine original
signatures of persons whose names appeared on that pay roll. At the
A. D. JUILLIARD & CO., INC., ATLANTIC MILLS DIVISION 1275
hearing, the C. I. 0. produced a pay roll containing 2,810 names and
the Company admitted that the list it had supplied the Regional
Director contained only names of persons who were paid that week,
omitting members of the proposed unit who may have been ill or
absent for other reasons during the week. The C. I. 0. contends that,
inasmuch as the authorization cards do not designate the A. F. L. as
the bargaining representative for the signers thereof, they do not
amount to 'a showing of representation. While the cards do not
state that those who signed them would vote for the A. F. L. in an
election, the signers did designate the A. F. L. as their representa-
tive to petition for an election. It is therefore a reasonable inference
that those who signed the cards desire the A. F. L. to act as their col-
lective bargaining representative. No good purpose would be served
by insisting upon technical exactness in this respect; we shall accord to
the cards the probable meaning attached to them by the A. F. L. and
the signatories.2 We find that the cards submitted to the Regional
Director by the A. F. L. are sufficient as designations to be considered
in determining whether or not a substantial showing of representa-
tion has been made.3
Since the C. I. 0. is now a party to a modified union-shop contract
with the Company, we find that the A. F. L. has shown that it repre-
sents a substantial number of employees in the appropriate unit,
irrespective of which pay roll should have been used for comparison.4
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
We find, in substantial accordance with the stipulation of the
parties, that all production and maintenance employees of the Com-
pany's Atlantic Mills Division, Providence, Rhode Island, including
timekeepers and factory clerical workers, but excluding executives,
employees in the mule spinning department, employees in the main
office, clerical workers, (other than timekeepers and clerks attached
to production or maintenance departments), supervisors down to' and
including second hands and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
2 Cf. Lebanon Steel Foundry v. N. L R. B, 130 , F. (2d) 404 ; Matter of Basic Magnesium,
Inc . 48 N. L. R. B. 1310.
3 See Chicago Molded Products Corporation , 49 N. L. R. B 756.
4 See Matter of Sayler Finishing Plant, Inc., 49 N. L R B . 532, and cases cited therein ;
see also Matter of Superior Coach Corporation, 49 N. L. R. B. 873. Matter of Conti-
nental Roll & Steel Foundry, 44 N. L . R. B. 1051 , is distinguishable since in that case the
contracting union had a voluntary check -off instead of a union shop and its strength was
clearly established by its voluntary membership
1276 DECISIONS OF NATIONAL LABOR REILATIONS BOARD
action,5 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 a question concerning representation which has
arisen be resolved by an election by secret ballot among the employees
of the Company in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preceding
the date of the Direction of Election herein, 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
DIREo w that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with A. D. Juilliard &
Co., Inc., Atlantic Mills Division, Providence, Rhode Island, an elec-
tion 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 Re-
gion, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 10, of said Rules and Regu-
lations, among all employees of the Company in the unit found ap-
propriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by United Textile Workers of America (A. F. L.), or
by Textile Workers Union of America (C. I. 0.), for the purposes of
collective bargaining, or by neither.
CHAIRMAN MrLLIS took no part in the consideration of the above
Decision and Direction of Election.
'This is substantially the unit found in the C. I. 0 . contract above -mentioned.