Merrimac Manufacturing Co.

In the Matter of MERRIMAC MANUFACTURING COMPANY and TEXTILE WORKERS UNION OF AMERICA, C. I. O. Case No. 10-R-1484.-Decided June 5, 1945 Mr. Borden Burr, of Birmingham , Ala., and Mr. H. M. McKelvie, of Huntsville, Ala., for the Company. Mr. H. S. Williams, of Birmingham , Ala., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Textile Workers Union of America , C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Merrimac Manufac- turing Company , Huntsville, Alabama, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon clue notice before Paul S. Kuelthau , Trial Examiner . Said hearing was held at Huntsville, Alabama, on May 12, 1945 . The Company and Union ap- peared , 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 hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. TIIE BUSINESS OF THE COMPANY Merrimac Manufacturing Company is a Massachusetts corporation oper- ating a plant at Huntsville, Alabama, where it is engaged in the manufacture and sale of cotton cloth. More than 75 percent of the raw materials used by 62 N. L. R. B., No. 14. 112 MRRRIMAC MANUFACTURING COMPANY 113 the Company at its Huntsville plant is shipped to it from points outside the State of Alabama. The Company manufactures between 8 and 9 million pounds of cloth annually at its Huntsville plant, about 90 pet cent of which is shipped to points outside the State of Alabama. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Textile Workers Union of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as exclusive collective bar- gaining representative of its employees at the Huntsville plant until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees within the unit hereinafter found to be appropriates 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 agreement with the parties, that all employees of the Company at its Huntsville, Alabama, plant, including watchmen and firemen, but excluding clerical employees, executives, supervisory employ- ees with the rank of second-hand or higher, and any other supervisory employees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recommend such action, 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 the question concerning representation which has arisen be resolved by means of an election by secret ballot among the em- ployees in the appropriate unit 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 1 The report of the Field Examiner shows that the Union submitted 362 authorization cards. There are approximately 725 employees in the appropriate unit. 1 14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Relations Board by Section 9 (c) of the National Labor Relation Act, and pursuant to Article III, Section 9, of National Labor. Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Merrimac Manufacturing Company, Huntsville, Alabama, an election by secret ballot shall be con- ducted 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 Tenth Region, acting in this matter as agent for the Na- tional Labor Relations Board, and subject to Article III, Sections 10 and It, of said Rules and Regulations, 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 employ- ees 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 any 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, C. I. 0., for the purposes of collective bargaining.