The E. Richard Meinig Co.

National Labor Relations Board - Board Decisions

Jun 28, 1944

56 N.L.R.B. 1739 (N.L.R.B. 1944)

In the Matter of THE E. RICHARD MEINIG COMPANY and AMERICAN
FEDERATION OF HOSIERY WORKERS, C. I. O. -
Case No. 4-R-17f6.Decided June 208, 1944
Mr. Harry W. Lee, of Reading, Pa., for the Company.
Mr. William Smnith, of Philadelphia, Pa., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Federation of Hosiery
Workers, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of The E. Richard Meinig Company, Reading, Pennsylvania,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Eugene M.
Purver, Trial Examiner. Said hearing was held at Reading, Penn-
sylvania., on June 8, 1944. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to
examine, and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The E. Richard Meinig Company is a Pennsylvania corporation
engaged in the manufacture of gloves and fabric for underwear and
outerwear at Reading, Pennsylvania. - During 1943 the Company
purchased raw materials from points outside the State of Pennsyl-
vania, valued in excess of $600,000. During the same period the Com-
pany shipped products valued in excess of $600,000 to points ouside
the State, of Pennsylvania.
56 N. L R. B., No. 309.
1739'
I
1740 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
The Company admits for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
American Federation of Hosiery Workers is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be 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
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, excluding
clerical, office, and salaried employees, executives, and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise, effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for ;the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means 'of an election by secret ballot among
the,employees in the appropriate unit who were employed during the
pay-roll period immediately, preceding the date of the Direction 'of
Election 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 Relations
1 The Field Examiner reported that the Union presented 346 authorization cards. There
are approximately 621 employees in the appropriate unit.
THE E . RICHARD MEINIG COMPANY 1741
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rule and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The E. Richard
Meinig Company, Reading, 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 super-
vision of the Regional Director for the Fourth 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 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 any 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 American
Federation of Hosiery Workers, C. I. 0., for the' purposes of collec-
tive bargaining.
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587784 -45-vol. 56-111