Naumkeag Steam Cotton Co.

National Labor Relations Board - Board Decisions

Sep 2, 1939

15 N.L.R.B. 61 (N.L.R.B. 1939)

In the Matter of NAUMKEAG STEAM COTTON COMPANY and TExTILE
WORKERS ORGANIZING COMMITTEE , LOCAL No. 74 OF THE COMMITTEE
FOR INDUSTRIAL ORGANIZATION
In the Matter of NAUMKEAG STEAM COTTON COMPANY and INDEPEND-
ENT SHEETING WORKERS OF AMERICA IN BEHALF OF WILLIAM E.
QUINN
Cases Nos. R-1295 and R-1296, respectively
CERTIFICATION OF REPRESENTATIVES
September 2, 1939
On July 8, 1939, the National Labor Relations Board, herein called
the Board, issued its Decision and Direction of Election in the above-
entitled proceedings., The Direction of Election directed that an
election by secret ballot be conducted within 20 days from the date
of the Direction under the direction and supervision of the Regional
Director for the First Region (Boston, Massachusetts) among the
employees of the Naumkeag Steam Cotton Company, Salem and
Peabody, Massachusetts, including all the production, maintenance,
shipping-room and stockroom employees, and watchmen of the Com-
pany at its mill in Salem and at its bleachery in Peabody, who were
employed by the Company at the time of the hearing herein, begin-
ning February 16, 1939, and who had worked a total of 30 working
days after September 1, 1938, including, however, regular employees
who, except for illness or because of an accident which temporarily
disabled them, would have worked 30 working days since September
1, 1938, but excluding persons who had since February 16, 1939, quit
or been discharged for cause, and excluding also office and clerical
employees, engineers, firemen, laboratory employees, truckmen, ex-
ecutive employees, and supervisory employees with the rank of third
hand or higher, to determine whether they desired to be represented,
for the purposes of collective bargaining, by Independent Sheeting
Workers of America or by Textile Workers Organizing Committee,
affiliated with the Committee for Industrial Organization, or by
neither.
113 N. L . R. B. 513.
15 N. L. R. B., No. 9.
61
62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the Direction of Election, an election by secret ballot
was conducted on July 26, 1939. Full opportunity was afforded to
all parties to the election to participate therein and to make chal-
lenges. On July 27, 1939, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, issued an Election Report, copies of
which were duly served on the parties. No objections or exceptions
to the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total Number Eligible to Vote____________________________ 3,3,110
Total Number of Ballots Cast ____________________________ 2,517
Total Number of Blank Ballots_ __________________________ 3
Total Number of Void Ballots____________________________ 1
Total Number of Challenged Ballots_______________________
Total Number of Ballots Cast for Independent Sheeting
15
Workers of America____________________________________ 1,1.51
Total Number of Ballots Cast for Textile Workers Organiz-
ing Committee affiliated with the C. I. 0________________ 1,324
Total Number of Ballots Cast for Neither __________________ 38
On July 29, 1939, Textile Workers Union of America, Affiliated
with the C. I. 0., by its attorneys, filed with the Board a motion to
substitute the name "Textile Workers Union of America, Affiliated
with the C. I. 0." for the name "Textile Workers Organizing Com-
mittee, Local No. 74 of the Committee for Industrial Organization"
in the above-entitled proceedings. On August 22 Textile Workers
Union of America, Affiliated with the C. I. 0., by its attorneys,
filed with the Board an amended motion to substitute, moving the
Board to substitute the name "Textile Workers Union of America,
Affiliated with the C. I. O." for the name "Textile Workers Organ-
izing Committee, affiliated with the Committee for Industrial Organ-
ization" as well as for the name "Textile Workers Organizing Com-
mittee, Local No. 74 of the Committee for Industrial Organization."
On August 10, 1939, the Board issued notices to all parties stating
that the above-described "motion to substitute" would be granted on
August 16, 1939, unless sufficient cause to the contrary should then
appear.
Thereafter, William E. Quinn filed with the Board a "Petition to
dismiss `motion to substitute the name Textile Workers Union of
America Affiliated with the C. I. O.' and objection to Certification in
any form based on election held in the above cases upon decision of
Board dated July 8, 1939" and requested a hearing on the said peti-
tion. On August 24, 1939, the Board issued notices to all parties
stating that a hearing would be held upon the amended motion and
petition as described above, which notice was amended on August 29.
NAUMKEAG STEAM COTTON COMPANY 63
Pursuant to the notices a hearing was held on August 31, 1939,
before the Board at Washington, D. C. Textile Workers Union of
America, Affiliated with the C. I. O. was represented and participated
in the hearing. William E. Quinn did not appear at the hearing.
Following the hearing and on the same day, the Board issued its
order herein granting the amended motion to substitute the name
"Textile Workers Union of America, Affiliated with the C. I. 0."
for the names "Textile Workers Organizing Committee, affiliated
with the Committee for Industrial Organization" and "Textile Work -
ers Organizing Committee, Local No. 74, of the Committee for In-
dustrial Organization" and denying the petition and objection filed
by William E. Quinn.
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations--.
Series 2,
IT IS HEREBY CERTIFIED that Textile Workers Union of America,
Affiliated with the C. I. 0., has been designated and selected by a
majority of the employees of the Naumkeag Steam Cotton Com-
pany, Salem and Peabody, Massachusetts, including all the produc-
tion, maintenance, shipping-room and stockroom employees, and
watchmen of the Company at its mill in Salem and at its bleachery
in Peabody, but excluding office and clerical employees, engineers,
firemen, laboratory employees, truckmen, executive employees, and
supervisory employees with the rank of third hand or higher, as their
representative for the purposes of collective bargaining, and that
pursuant to the provisions of Section 9 (a) of the National Labor
Relations Act, Textile Workers Union of America, Affiliated with
the C. I. 0., is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.