Merrimack Manufacturing Co.

In the Matter Of MERRIMACK MANUFACTURING COMPANY and TEXTILE WORKERS UNION OF AMERICA, C. I. O. Case No. 1 R-2936.Decided April 22, 19.16 Mr. John Richardson (Ropes, Gray, Best, Coolidge, c Rugg), of Boston, Mass., for the Company. Mr. J. William Belanger, of Boston, Mass., and Mr. Hugh Brown, of Lawrence, Mass., for the C. I. O. Mr. Joseph Hastings, of Lawrence, Mass., for the A. F. of L. Mr. Nicholas Contakos, of Lowell, Mass., for the Independent. Mr. B. M. Etten.son, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Textile Workers Union of America, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Merrimack Manufacturing Company, Lowell, Massachusetts, herein called the Company, the -National Labor Relations Board provided for an appropriate hearing upon due notice before Samuel G. Zack, Trial Examiner. The hearing was held at Lowell. Massachusetts, on March 29, 1946. The Company, the C. I. 0., the United Textile Work- ers of America, Dept. of Woolen & Worsted Workers. A. F. L., herein called the A. F. of L., and the Lowell Textile Independent Union, herein called the Independent, appeared and participated. All parties 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 prej- udicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the ease, the Board makes the following: FINDISGS crn FACT 1. TIM BUSINESS OF THE COMPANY Merrimack Manufacturing Company is a corporation organized and doing business under the laws of the Commonwealth of Massachu- 67N.L.R.B.,No.76. 573 574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD setts, with its principal place of business located at Lowell, Massachu- setts. In its business of manufacturing corduroy, velveteen, and rayon blended suitings, the Company annually purchases raw materials in excess of $2,000,000, 90 percent of which is shipped to the Company from points outside the Commonwealth of Massachusetts. The annual sales of the Company exceed $5,000,000, over 90 percent of which is shipped to points outside the Commonwealth of Massachusetts. We find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Textile Workers Union of America, affiliated with the Congress of Industrial Organizations; United Textile Workers of America, Dept. of Woolen & Worsted Workers, affiliated with the American Federa- tion of Labor; and the Lowell Textile Independent Union are all labor organizations admitting to membership employees of the Company. III. TIIE QUESTION CONCERNING REPRESENTATION On October 29, 1945, and on March 4, 1946, the C. I. 0., by letter, asked the Company for recognition as bargaining representative of the Company's employees. The Company did not reply to these requests.' A statement of a Board agent, introduced into evidence at the hearing, indicates that the C. I. O. represents a substantial number of employees in the unit hereinafter found appropriate 2 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 In accordance with an agreement of the parties at the hearing, we find that all production and maintenance employees of the Company at its Lowell, Massachusetts, plant, including section hands and inside truckers, but excluding clerical employees, assistant superintendents, overseers, second hands, third hands, yarn laboratory employees, fac- tory clerks, and watchmen, and all supervisory employees with the authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such 1 The Company had a collective bargaining agieement with the Independent entered into on May 14, 1945, and expiring May 12, 1946. This contract is not urged as a bar. 8 The Field Examiner reported that the C. I. 0 submitted 681 membership cards and that the A. F of L. submitted 319 applications for membership. The Independent relied upon a contract between it and the Company as evidence of its interest. There are approximately 1350 employees in the appropriate unit. MERRIMACK MANUFACTURING COMPANY 575 actiolr, 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 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 Elec- tion 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Merrimack Manu- facturing Company, Lowell, Massachusetts, an election 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 super- vision of the Regional Director for the First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, 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 pre- ceding 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 any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elec- tion, to determine whether they desire to be represented by Textile Workers Union of America, C. I. 0., or by United Textile Workers of America, Dept. of Woolen & Worsted Workers, A. F. of L., or by Lowell Textile Independent Union, or by none. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election.