Merrimack Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 22, 1946

67 N.L.R.B. 573 (N.L.R.B. 1946)

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.