West Endicott Bag Co.

National Labor Relations Board - Board Decisions

Oct 2, 1950

91 N.L.R.B. 610 (N.L.R.B. 1950)

In the Matter Of HILLARD ROZEN AND CHARLES ROZEN, CO-PARTNERS
D/B/A WEST ENDICOTT BAG Co., EMPLOYER and AMERICAN FEDERA-
TION OF GRAIN MILLERS, LOCAL 22, A. F. L., 'PETITIONER
Case No. 3-RC-477.Decided October 2, 1950
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before John C. McRee,
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 this case, the Board finds :
1. The Employer is engaged in the business of reprocessing used
burlap and cotton bags at its plant in Endicott, New York. It com-
menced operations about January 1, 1950. Production ceased on
June 14, 1950, when the employees went out on strike. During this
period, the Employer purchased used bags in the amount of $21,053.11
and machinery and equipment in the amount of $2,148.95. During
the same period of time, the Employer's sales totaled $30,381.57. Ap-
proximately 32 percent of the products sold by the Employer was
shipped directly to customers located outside the State of New York
and $12,859.42 of the products sold was shipped to R'ozen Brothers
Bag Company, Inc., a corporation located within the State of New
York but engaged in interstate commerce. Upon the basis of the
foregoing, we find, contrary to the contention of the Employer, that
the Employer is engaged in commerce within the meaning of the Act.
2. The labor organization involved claims to represent employees
of the Employer.
3. The Employer contends that the petition herein should be dis-
missed because the, Employer has discontinued its operations. The
testimony adduced at the hearing shows that the Employer com-
menced operations about January 1, 1950, and that on June 14, 1950,
the employees went on strike. The Employer's plant has been closed
since the latter date. Although Hillard Rozen, one of the partners,
testified that the plant involved herein will not be reopened, it appears
that the Petitioner disputes this statement and is currently main-
taining picket lines at the premises. We are of the opinion that the
91 NLRB No. 100.
610
W'EST ENDICOTT BAG CO. 611
record fails to establish definitely that the Employer's operations
have been permanently discontinued. Accordingly, in view of the
possibility that the Employer's operations may be resumed at a later
date, we find that a question affecting commerce exists concerning the
representation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. We find, in accordance with the agreement of the parties, that all
employees of the Employer at its plant at Endicott, New York, ex-
cluding office and clerical employees, guards, professional employees,
and supervisors as defined in the Act, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this,
volume.]
CHAIRMAN HERZOG and MEMBER MURDOCK, dissenting :
We cannot agree with our colleagues' decision to order an election
here. The uncontradicted testimony of the Employer discloses that,
the plant is closed and that operations will not be resumed. Under
these circumstances we would dismiss the petition at this time.
917572-51-vol. 91-40
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