Textile Machine Works, Inc. And United Steelworkers Of America, Cio, 1030 (1946)

In the Matter of TEXTILE MACHINE WORKS, INC. and UNITED STEELWORKERS OF AMERICA, CIO Case No. 4-R-169.-Decided February 13,1946 Messrs. Sylvan H. Hirsch and William M. J. McGinnis, of Philadelphia, Pa., for the Company.

Mr. Harry Boyer, of Reading, Pa., for the Union.

Mr. Philip Licari, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers of America, CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Textile Machine Works, Inc., Reading, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Herman Lazarus, Trial Examiner. The hearing was held at Reading, Pennsylvania, on October 1, 1945. The Company and the Union appeared and participated.

All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing, the Company moved to dismiss the petition. For reasons stated in Section IV, infra, the motion is denied.

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 Textile Machine Works, Inc., a Pennsylvania corporation, is engaged at Wyomissing, Pennsylvania, in the manufacture of braiding and knitting machines, and items of ordnance for the armed forces of the United States. During the year 1944, the Company 1030 1031 purchased raw materials valued in excess of $1,000,000, of which 75 percent was shipped from points outside the Commonwealth of Pennsylvania. During the same period the Company sold finished goods valued at approximately $10,000,000, of which 50 percent was shipped to points outside the Commonwealth of Pennsylvania.

The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act.

  1. THE ORGANIZATION INVOLVED United Steelworkers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company.

  2. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive collective bargaining representative of certain of its employees until the Union is certified by the Board in an appropriate unit.

    A statement of a Field Examiner for the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found 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.

  3. THE APPROPRIATE UNIT' The Union...

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