Mellin-Quincy Manufacturing Co., Inc.

MELLIN-QUINCY MANUFACTURING CO., INC. 457 MELLIN-QUINCY MANUFACIURING Co., INC. and INTERNATIONAL BROTIIERHOOD OF PULP, SULPHITE AND PAPER MILL WORKERS, A. F. or L., PETITIONER. Case No. 1-RC-2571. March 4, 1952 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before George A. Sweeney, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer. 3. The Intervenor, Local Union 135, United Construction Workers of America, United Mine Workers of America, contends that its union-shop contract with the Employer, dated September 1, 1950, is bar to this proceeding. The Intervenor, however, is not now and never has been in compliance with the filing requirements of Section 9 (f), (g), and (h) of the Act. The recent amendment to the Act requires, with respect to union-shop contracts, that a labor organiza- tion must have "at the time the agreement was made or within the preceding twelve months received from the Board a notice of com- pliance with section 9 (f), (g), and (h)...."' Furthermore, the Intervenor's supplemental agreement of September 28, 1950, does not expressly defer application of the union-shop provisions of the con- tract.' We therefore find that the contract is not a bar. We find that a question affecting commerce exists concerning the representation of certain employees of the Employer, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. 4. We find that all production and maintenance employees at the Employer's Whitefield, New Hampshire, plant, excluding office and clerical employees, guards, professional employees, executives, and all other supervisors as defined in the Act, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication in this volume.] 1 Public Law No. 189. 82nd Congress, 1st Sess., Sec (c ) ( October 22 , 1951 ). Cf Davis, Motor Company. Inc, 97 NLRB 125 2 Uni.que Art Maim facturinq Co , 83 NLRB 1250. 98 NLRB No 73.