Albany Novelty Corp.

National Labor Relations Board - Board Decisions

Aug 31, 1949

85 N.L.R.B. 1083 (N.L.R.B. 1949)

In the Matter Of ALBANY NOVELTY CORPORATION, EMPLOYER and UNITED
TEXTILE WORKERS OF AMERICA , AFL, PETITIONER
Case No. 1-RC-1O'9.-Decided August 31, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Sam G. Zack,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog, and Members
Houston and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is a New York corporation engaged in the business
of fastening ribbon bows to, and finishing and folding, greeting cards
in its plant in North Bennington, Vermont. The Employer does work
exclusively for Polygraphic Company of America, Inc., a Delaware
corporation, from which company it receives ribbons and greeting
cards, and to which company it returns the completed product. The
Employer and Polygraphic both occupy a building owned by Poly-
graphic in North Bennington. This building has 3 wings, 2 of which
are rented from Polygraphic and occupied by the Employer; the third
wing is occupied by Polygraphic. A common main entrance is used
by the 200 employees of the Employer and the 100 employees of
Polygraphic.
The officers, directors, and stockholders of these two corporations
are substantially identical, three brothers being officers in both cor-
porations. These brothers own 75 percent of the stock of the Em-
ployer and 55 to 60 percent of the stock of Polygraphic. Polygraphic
annually purchases raw materials valued in excess of $100,000 and its
annual sales are likewise valued in excess of $100,000. All of its
purchases and sales are made outside the State of Vermont.
Accordingly, we find that the Employer is an integral part of a
unitary enterprise which is engaged in commerce and that its activities
affect commerce within the meaning of the Act.
85 N. L. It. B., No. 185.
1083
1084 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of -employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. All production and maintenance employees at the Employer's
North Bennington, Vermont, plant, excluding all office employees,
foremen, executives, guards, professional employees, and supervisors,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
they desire to be represented, for purposes of collective bargaining, by
United Textile Workers of America, AFL, or by International
Brotherhood of Pulp, Sulphite and Paper Mill Workers, AFL, or by
neither.
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