Hub Processing Co., Inc.

National Labor Relations Board - Board Decisions

Apr 23, 1947

73 N.L.R.B. 497 (N.L.R.B. 1947)

In the Matter of Hun PROCESSING Co., INC., EMPLOYER and TExTILE
WORKERS UNION OF AMERICA, CIO, PETITIONER
In the Matter of Hu-B PROCESSING CO., INC., EMPLOYER- and UNITED
TEXTILE WORKERS OF AMERICA, A. F. OF L., PETITIONER
Cases Nos. 1-R-3599 and 1-R-3600, respectively.-Decided
April 203,1947
Mr. Max J. Cohen, of Lowell, Mass., for the Employer.
Mr. Alton M. Hodgman, of Lowell, Mass., for the CIO.
Mr. John S. Brennan, of Lawrence, Mass., for the A. F. of L.
Miss Frances Steyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon separate petitions duly filed, hearing in these consolidated
cases was held at Lowell, Massachusetts, on March 26, 1947, before
Sam G. Zack, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS or FACT
I. THE BUSINESS OF THE EMPLOYER
Hub Processing Co., Inc., a Massachusetts corporation, has its
office and plant at Lowell, Massachusetts. It is engaged in the manu-
facture of felt linings and hatting for the clothing trade. The raw
materials purchased by the Employer during the past year were valued
in excess of $100,000, of which more than 95 percent was shipped to its
Lowell plant from outside the Commonwealth of Massachusetts. The
value of the Employer's finished products for the same period was in
excess of $150,000, of which more than 95 percent was shipped outside
the Commonwealth of Massachusetts.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
73 N. L. II B., No. 100.
497
498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
The Petitioner in Case No. 1-R-3599, herein called the CIO, is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, claiming to represent employees of the Employer.
The Petitioner in Case No. 1-R-3600, herein called the A. F. of L.,
is a labor organization affiliated with the American Federation of
Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize either the CIO or the A. F. of L.
as the exclusive bargaining representative of employees of the'
Employer until 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
We find, in accordance with the agreement of the parties, that all
production and maintenance employees at the Employer's Lowell,
Massachusetts, plant, excluding office and clerical employees, execu-
tives, and all other supervisory employees 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 purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION 1
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Hub Processing Co., Inc.,
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 supervision of the Regional
Director for the First Region, acting in this matter as agent for the
National Relations Board and subject to Sections 203.55 and 203.56,
of National Labor Relations Board Rules and Regulations-Series 4,
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 said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
1 Any participant in the election directed herein may, upon its prompt request to, and
approval thereof by, the Regional Director, have its name removed from the ballot
HUB PROCESSING CO., INC. 499
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 they desire to be represented by
Textile Workers Union of America, CIO, or by United Textile Work-
ers of America, A. F. of L., for the purposes of collective bargaining,
or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.