Lehigh River Mills, Inc.

National Labor Relations Board - Board Decisions

Nov 25, 1947

75 N.L.R.B. 280 (N.L.R.B. 1947)

In the Matter of LEHIGH RIVER MILLS, INC., EMPLOYER and TEXTILE
WORKERS UNION OF AMERICA, C. I. 0., PETITIONER
Case No.4-R-2543.Decided November 25, 1947
Messrs. Irving W. Cole nan and Milton Lowry, both of Northamp-
ton, Pa., for the Employer.
Messrs. Peter M. Umholtz and Norris Tibbets, both of Allentown,
Pa., for the Petitioner.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed the National Labor Relations Board on
March 26, 1947, conducted a prehearing election among the employees
of the Employer in the alleged appropriate unit to determine whether
or not they desired to be represented by the Petitioner for the purposes
of collective bargaining.
At the close of the election a Tally of Ballots was furnished the
parties. The Tally shows that there are approximately 97 eligible
voters and that 97 ballots were cast, of which 65 were for the Petitioner
28 were against the Petitioner, and 4 were challenged.
On April 1, 1947, the Employer filed with the Regional Director its
objections to the election urging therein that the election be declared
invalid and set aside. Thereafter, a hearing was held at Allentown,
Pennsylvania, on May 22, 1947, before John H. Garver, hearing officer.
The hearing officer's rulings made at the llearing are free from preju-
dicial error and are hereby affirmed. The Employer's request for oral
argument is hereby denied inasmuch as the record, in our opinion,
adequately presents the issues and positions of the parties.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Lehigh River Mills, Inc., a Pennsylvania corporation, is engaged
in the manufacture of textile piece goods at its plant at Northampton,
75 N. L. R. B., No. 37.
280
LEHIGH RIVER MILLS, INC. 281
Pennsylvania. During the last half of 1946, the Employer purchased
for use at this plant over $100,000 worth of raw materials, nearly all
of which represented shipments from points outside the Common-
wealth of Pennsylvania. During a, similar period, the Employer man-
ufactured finished products valued at over $150,000, of which approxi-
mately 75 percent represented shipments to points outside the Com-
monwealth.
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employeees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
On September 18, 1946, pursuant to a stipulation for certification
upon a consent election, to which the Employer, the Petitioner, and
the Board were parties, an election was conducted among the em-
ployees in the unit herein involved. In that election a majority of
the employees voted against representation by the Petitioner.
On January 24, 1947, the Petitioner again requested recognition
of the Employer as the exclusive bargaining representative of the em-
ployees in the unit herein involved, and upon the Employer's refusal,
filed the instant petition on January 27, 1947.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accord with the agreement of the parties,
that all production and maintenance employees at the Northampton,
Pennsylvania, plant of the Employer, excluding office and clerical
employees, guards, foremen, and all or any other supervisors, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Employer, as already noted, filed objections to the election. In
addition, it sought to invalidate the proceedings on other grounds. In
the latter connection, the Employer filed, subsequent to the hearing, a
"Motion to Suspend and/or Dismiss Representation Proceedings"
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and a "Motion to Dismiss Representation Proceedings." We have
considered the objections to the election and find that they raise no
substantial or material issues regarding the conduct of the election or
conduct affecting the results of the election, which was held in March
of this year. The objections are therefore overruled. Similarly, we
find no merit in either the contentions addressed to the validity of this
proceeding or in the motions filed after the hearing. Accordingly,
the contentions are hereby rejected and the motions are hereby denied.
Inasmuch as the Tally shows that a majority of the valid votes
counted have been cast for the Petitioner, and because the challenged
ballots are insufficient in number to affect the results of the balloting,
we shall certify the Petitioner as the collective bargaining representa-
tive of the employees in the -unit heretofore found appropriate.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that Textile `Yorkers Union of America,
C. I. 0., has been designated and selected by a majority of all produc-
tion and maintenance employees at the Northampton, Pennsylvania,
plant of Lehigh River Mills, Inc., Northampton, Pennsylvania, ex-
cluding office and clerical employees, guards, foremen, and all or any
other supervisors, as their representative for the purposes of collective
bargaining and that, pursuant to Section 9 (a) of the Act, as amended,
the said organization is the exclusive representative of all such em-
ployees for the purposes of collective bargaining with respect to rates
of pay, wages, hours of employment, and other conditions of em-
ployment.
MEMBERS MIIRDOCK and GRAY took no part in the consideration of
the above Decision and Certification of Representatives.