Macungie Silk Co.

National Labor Relations Board - Board Decisions

Jan 7, 1948

75 N.L.R.B. 741 (N.L.R.B. 1948)

In the Matter Of MACUNGIE SILK COMPANY, EMPLOYER and TEXTILE
WORKERS UNION OF AMERICA, CIO, PETITIONER
Case No. 4-R-2716.-Decided January 7, 191x8
Harry P. Creveling, Esq., of Allentown, Pa., for the Employer.
Mr. Peter F. Umholtz, of Allentown, Pa., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing in this case was held at Allen-
town, Pennsylvania, on July 31, 1947, before John H. Carver, 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 OF FACT
1. THE BUSINESS OF THE EMPLOYER
Macungie Silk Company, a Pennsylvania corporation, is engaged
in the manufacture of textile fabrics at its plant in Macungie, Penn-
sylvania. The Employer annually purchases raw materials valued
in excess of $35,000, all of which is shipped from points outside the
Commonwealth of Pennsylvania. The Employer annually manufac-
tures finished products valued in excess of $75,000, of which approxi-
mately 75 percent is shipped to points 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.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
75 N. L. R. B., No. 88. 741
742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On June 10, 1947, the Petitioner requested recognition of the Em-
ployer as the exclusive bargaining representative of certain of its
employees, and the Employer refused to recognize the Petitioner until
certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of the employees of the Employer, within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
TV. TILE APPROP11IATE UNIT
The Petitioner and the Employer agree that all the production and
maintenance employees at the Employer's plant in Macungie, Penn-
sylvania, excluding clerical workers, foremen, forelaclies, and other
supervisors, constitute t unit appropriate for the purposes of collective
bargaining. They are in dispute, however, with respect to the inclu-
sion of watchmen in the unit; the Petitioner would include them. and
the Employer exclude them from the unit.
The Employer has three full-time watcluuen, whose duties ltre to
protect the Employer's premises against fire and theft, and to protect
the safety of persons on the Employer's premises in the event of dis-
turbances in the plant and to quell such disturbances. In connection
with their duties, the watchmen, at times, carry firearms; they make
the rounds of the Employer's premises, and punch the clock at various
intervals; they see that the plant's doors and windows are properly
locked; and they give the alarm in case of fire. Although the record
shows that the watchmen are neither deputized nor uniformed, and
that they have no duties with respect to checking employees or other
authorized persons in and out of the plant, they have authority to
quell disturbances. It is our opinion that they are individuals em-
ployed as guards to enforce against employees and other persons rules
to protect the property of the employer or to protect the safety of
persons on the employer's premises within the meaning of Section
9 (b) (3) of the Act as amended. Accordingly, we shall exclude
watchmen from the unit hereinafter found appropriate.
We find that all production and nlaintena ice employees employed
at the Employer's Macungie, Pennsylvania, plant, excluding watch_-
nmen, clerical employees, foremen, foreladies, and any other supervisors
as defined in the Act, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the Act.
MACUNGIE SILK COMPANY
DIRECTION OF ELECTION
743
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Macungie Silk Company,
Macungie, Pennsylvania, an election by secret ballot shall be conducted
as early as possible, but not later than tlurty (30) clays from the date
,of this Direction, under the direction and supervision of the Regional
Director for the Fourth Region, and subject to Section 203.61 and
203.62, of the National Labor Relations Board Rules and Regulations-
Series 5, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period immed-
iately 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, but excluding those employees who
have since quit or been discharged for cause and have not been re-
hired oi- 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.
MEMBERS HOUSTON and GRAY took no part in the consideration of
the above Decision and Direction of Election.