New Bedford Cotton Manufacturers' Association

National Labor Relations Board - Board Decisions

Apr 14, 1943

48 N.L.R.B. 1251 (N.L.R.B. 1943)

In the Matter of NEW BEDFORD COTTON MANU 'ACTURERS' ASSOCIATION
and TEXTILE WORKERS UNION OF AMERICA ( C. I. 0.) AND NEW BED-
FORD TEXTILE COUNCIL AFFILIATED WITH THE UNITED TEXTILE WORK-
ERS • OF AMERICA (A. F. L.) AND INTERNATIONAL BROTHERHOOD OF
TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF AMERICA,
LOCAL No. 59 ( A. F. L.) ,
In the Matter of KILBURN MILL and TEXTILE WORKERS UNION OF
AMERICA ( C. I. 0.)
Cases Nos . RE-64 and R-47W respectively .Decided April 14, 194
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On March 5 , 1943, the National Labor Relations Board issued a
*Decision and Direction of Election in each of the'above -entitled pro-
ceedings .) Pursuant to the Direction of Elections , elections by secret
ballot were conducted on March 31, 1943, under the direction and
supervision 'of the Regional Director for the First Region ( Boston,
Massachusetts ). On April 2, 1943, the Regional Director acting pur-
suant to Article III, Section 10, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties Election Reports on the balloting . No objections to
the conduct of the ballots or the Election Reports have been filed by
any of the parties.
As to the balloting and its results , the Regional Director reported
as follows :
1. Association unit (Case No. RE-54)
Approximate number of eligible voters_____________________ 11,263
Total ballots cast__________________________'_____________ -9,356
Total ballots challenged__________________________________ 101
Total void ballots________________________________________ 122
Total valid votes counted________________________________ 9,133
Votes cast for Textile Workers Union of America (C. I. 0.) __ 4,634
Votes cast for New Bedford Textile Council, affiliated with
United Textile Workers of America (A. F. L.) ---------- 4,319
Votes cast,for, neither ------------------------------ _------- 180
i
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1 47 N L R B 1345 and 1356.
48 N. L. R. B., No. 155.
521247-43-vol. 48-80 , 1251
1252 DECISIONS OF NATIONAL LABOiR RELATIONS BOARD
2. Kilburn Mill (Case No . R-4726)
Approximate number of eligible voters_____________________ 1,398 ,
Total ballots cast________________________________________ 1,198
Total ballots challenged ----------------------------------- 0
Total void ballots _-------------------------------------- 26
-
Total valid votes counted_________________________________ 1,172
Votes cast for Textile Workers Union of America (C. I. 0.) __ 601
Votes cast for New Bedford Textile Council, affiliated with
United Textile Workers of America (A. F. L.) ----------- 525
Votes cast for neither____________________________________ 46
On April 6, 1943, New Bedford Textile Council, affiliated with
United Textile Workers of America (A. F. L.), herein called the
1. F. L., moved in each of the above-entitled proceedings for a recount
of the ballots upon the ground that the results were close and upon the
further alleged ground that "the count of the ballots was accompanied
by confusion and uncertainty and there are reasonable grounds for
believing that . . . ballots cast for one union were credited to . .
another." On April 7, 1943, the Textile Workers Union of America
(C. I. 0.), herein called the C. I. 0., filed a reply to said motion, re-
questing its dismissal. The fact that the results were close, in itself,
affords no reason for a recount. No facts were presented in support of
the A. F. L. allegation that there was confusion or uncertainty in the.
balloting or that ballots cast for either union were credited to the other.
Following the balloting, certificates were-duly signed by representa-
tives of the A. F. L. certifying that the counting and tabulating of
ballots in each of the above-entitled proceedings were fairly and accu-
rately done and that the secrecy of the ballots,was maintained. We
perceive no reason for ordering a recount. Accordingly, the motions
for a recount made by the A. F. L. are hereby deiiied.
On April 5, 1943, New Bedford Cotton Manufacturers' Association,
the petitioner in the above-entitled Case No. RE-54, moved for a con-
solidation into one unit of the unit found appropriate by the Board
in said case and the unit found appropriate by the Board in Matter of
Kilburn Mill and Textile Workers Union of America, Case No. R-4726.2
The C: I. O. has joined in said motion. The Board having considered
said motion; and it appearing that the Kilburn Mill became a member
of the Association on February 23, 1943, and is also desirous of having -
said units consolidated, that the employee categories in both units are
the same, and that the employees in both units have selected the C. I. O.
as their bargaining-representative, the said motion is hereby- granted.
2 Following the hearings in the above-entitled proceedings, but prior to the issuance
of our decisions, a substantially similar motion was made by the Association. We
denied the motion at that time, but stated that if the same representative were chosen
in both proceedings we would then entertain a motion to consolidate the units.
NEW BEDFORD COTTON MANUFACTURERS' ASSOCIATION 1253
CERTIFICATION OF REPRESENTATIVES
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, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Textile Workers Union of America
(C. I.O.) has been selected and designated by a majority of all produc-
tion and maintenance employees of Gosnold Mills Corporation, Hatha-
way Manufacturing, Company, Kilburn Mill, Naushon Mills, Inc.,
Nashawena Mills, Nonquitt Mills, Pierce Brothers Limited, Quissett
Mill, Soule Mill, and Wamsutta Mills, New Bedford, Massachusetts,
exclusive of all executive and supervisory employees (second hands
and up), office and clerical-employees, warehousemen, yardmen, and
truck drivers, as their representative for the purpose of collective bar-
gaining, and that, pursuant to Section 9 (a) of the Act, Textile
Workers. Union of America (C. I. 0.), is the exclusive bargaining rep-
resentative of all such'employees for the purpose `of collective bar-
gaining, in respect to rates of pay, hours of employment, and other
conditions of employment.