Mackenzie Awning Company And Upholsterers International Union And Its Agent, Tent, Canvas & Display Decorators' Union, Local #34, A. F. L. And United Retail, Wholesale And Department Store Employees Of America, C. I. 0. Aznd Local Industrial Union 98, United Construjction Workers, C. I. 0., 489 (1944)

In the Matter of MACKENZIE AWNING COMPANY and UPHOLSTERERS INTERNATIONAL UNION AND ITS AGENT, TENT, CANVAS & DISPLAY DECORATORS' UNION, LOCAL #34, A. F. L. and UNITED RETAIL,

WHOLESALE AND DEPARTMENT STORE EMPLOYEES OF AMERICA, C. I. 0.

aznd LOCAL INDUSTRIAL UNION 98, UNITED CONSTRUJCTION WORKERS,

3. I. 0.

Case No. 7-RE-13.-Decided July 30, 1944 Messrs. Emmett E. Eagan, and Dwnean T. Mackenzie, both of Detroit, Mich., for the Company.

Messrs. L. K. Hougkam, and George Horn, both of Detroit, Mich., for the A. F. L.

Mr. Franklin II.HAehterkireh, of Detroit, Mich., for the United.

Mr. E. J. Shay, of Detroit, Mich., for the Construction Workers.

Mr. David V. Easton, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by MacKenzie Awning Company, Detroit, Michigan, herein called the Company, alleging that a question affecting commerce had arisen concerning the representation of its employees, the National Labor Relations Board provided for an appropriate hearing upon due notice before Max Rotenberg, Trial Examiner. Said hearing was held at Detroit, Michigan, on June 17, 1944.

The Company, Upholsterers International Union and its agent, Tent,

Canvas, & Display Decorators' Union, Local #34, A. F. L., herein collectively called the A. F. L., United Retail, Wholesale and Department Store Employees of America, C. I. 0., herein called the United, and Local Industrial Union 98, United Construction Workers, C. I. 0., herein called the Construction Workers, appeared, participated and were afforded full opportunity to be heard, to examine and crossexamine 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 an 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 MacKenzie Awning Company, a Michigan corporation with its principal place of business located in Detroit, Michigan, is engaged in the manufacture of canvas coverings and the manufacture and erection of awnings. During the 12-month period preceding June 17, 1944, the Company purchased raw materials for manufacturing purposes valued at approximately $100,000, of which approximately 75 percent was received from points outside the State of Michigan. During the same period the Company produced finished products valued at approximately $185,000, of which about 75 percent was shipped to points outside the State of Michigan.

We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATIONS INVOLVED Upholsterers International Union and its agent, Tent, Canvas, &

   Display Decorators' Union, Local #34, both affiliated with the American Federation of Labor, are labor organizations admitting to membership employees of the Company.

   United Retail, Wholesale and Department Store Employees of America, and Local Industrial Union 98, United Construction Workers, both affiliated with the Congress of Industrial Organizations, are labor organizations admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION On October 27, 1943, the Company and the A. F. L. executed a collective bargaining agreement covering...