American Merri-Lei Corp.

National Labor Relations Board - Board Decisions

Aug 18, 1945

63 N.L.R.B. 399 (N.L.R.B. 1945)

In the Matter Of AMERICAN MERRI- LEI CORPORATION and UNITED PAPER
WORKERS UNION, LOCAL 292, C. 1. 0., AFFILIATED WITH P. W. O. C.
Case No.?,R-5&586.-Decided August 18, 1946
Mr. Louis C. Cantwell, of New York City, and Mr. Victor Hoeflich,
of Brooklyn, N. Y., for the Company.
Mr. Samuel Ballan, of New York City, for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Paper Workers Union, Local
292, C. I. 0., affiliated with P. W. O. C., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of American Merri-Lei Corporation,
Brooklyn, New York, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Robert A. Levett, Trial Examiner. Said hearing was held at
New York City; on June 22, 1945. The Company and the Union
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Merri-Lei Corporation, a New York corporation with its
principal place of business in Brooklyn , New York, is engaged in the
manufacture , sale, and distribution of a variety of paper goods and
specialties , including pilot balloon targets for use by the United States
63 N T. R B, No 59.
399
400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Government. The Company purchases annually in the operation of
its Brooklyn plant, raw materials of a value in excess of $25,000, of
which approximately 50 percent is obtained from points outside the
State of New York. Of the Company's finished products having an
annual value in excess of $50,000, approximately 90 percent is shipped
from the Company's Brooklyn plant to points outside the State of
New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
-II. THE ORGANIZATION INVOLVED
United Paper Workers Union, Local 292, affiliated with the Con-
gress of Industrial Organizations and P. W. O. C., is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
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 a stipulation of the parties, we find that all
maintenance and production employees of the Company at its
Brooklyn, New York, -plant, including stock clerks, but excluding the
shipping clerk, the assistant shipping clerk, office clericals, the night
watchman-porter, and all supervisory employees with authority to
hire, promote, discharge, discipline or otherwise effect changes in the
status of employees, or effectively recommend such action,2 constitute
a unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
1 The Board agent reported that the Union had submitted 75 application cards, 65 of
which checked with the Company ' s pay roll of April 21 , 1945, containing 182 names within
the claimed appropriate unit. Of the cards submitted , seven *ere undated and the re-
mainder bore dates between January and May 1945.
2 Among those excluded as supervisory employees are the plant superintendent and em-
ployees in the classification of department supervisor
AMERICAN MERRI-LEI CORPORATION
V. THE DETERMINATION OF REPRESENTATIVES
401
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 American Merri-
Lei Corporation, Brooklyn, New York, 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 Second 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
preceding the date of this Direction, including employees who did not
work during the said pay-roll period because they were ill or on vaca-
tion 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 those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election, to determine whether or not they desire to be
represented by United Paper Workers Union, Local 292, C. I. 0.,
affiliated with P. W. O. C., for the purposes of collective bargaining.
MR. GERARD D. REiLLY took no part in the consideration of the above
Decision and Direction of Election.