Energetic Worsted Corp.

National Labor Relations Board - Board Decisions

Oct 31, 1946

71 N.L.R.B. 501 (N.L.R.B. 1946)

In the Matter of ENERGETIC WORSTED CORPORATION, EMPLOYER, and
TEXTILE. WORKERS UNION OF AMERICA, CIO, PETITIONER
Case No.4-R-P259.Decided October 31, 1946
Cllr. Geoffrey J. Cunnifr, of Philadelphia, Pa., for the Employer.
Mr. Joseph Opilla, of Norristown, Pa-., and Mr. William IV. Zwei fen,
of Philadelphia, Pa., for the Petitioner.
Mr. TVar7-en H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Philadel-
phia, Pennsylvania , on September 17, 1946, before John H. Garver,
hearing officer . The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed . At the hearing
the Employer moved to dismiss the proceeding , asserting that the
Petitioner has not submitted proof of substantial interest among the
employees it seeks to represent . For reasons stated in the 0. D. Jen-
rnings case,' the motion is hereby denied.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Energetic Worsted Corporation, a Pennsylvania corporation, is
engaged at its Bridgeport, Pennsylvania, plant, in spinning worsted
yarns. Annually, the Employer purchases ra-,v materials valued in
excess of $150,000, of which approximately 60 percent is received front
points outside the Commonwealth of Pennsylvania. The Employer
annually manufactures finished products valued in excess of $250,000,
of which approximately 60 percent is sold and transported to custom-
ers located outside the Commonwealth of Pennsylvania.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
Matter of 0. D Jennings & Company, 68 N. L. R B 516.
71 N. L. R. B, No. 76.
501
502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer , within the meaning of
Section 9 ( c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the agreement of the parties, we find that all
production and maintenance employees engaged by the Employer at
its Bridgeport, Pennsylvania, plant, including second hands, watch-
men, and gatemen, but excluding office and clerical employees, ex-
ecutives , foremen, assistant foremen, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a. unit appropriate for the pur-
poses 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 Energetic Worsted Corpora-
tion, Bridgeport, Pennsylvania, 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 supervision
of the Regional Director for the Fourth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Sec-
tions 203.55 and 203.56, of National Labor Relations Board Rules and
Regulations-Series 4, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing 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 those employees who
have since quit or been discharged 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 Textile Workers Union of
America, CIO, for the purposes of collective bargaining.