E. B. & A. C. Whiting Company And Amalgamated Clothing Workers Of America, C. I. 0., 339 (1944)

In the Matter of E. B. & A. C. WHITING COMPANY and AMALGAMATED CLOTHING WORKERS OF AMERICA, C. I. 0.

Caa8e No. 1-R-1881.-Decided July 14, 19944 Mr. Ed,vwnd T. Blake, of Boston, Mass., for the Company.

Mr. Anthony Jenkins, of Burlington, Vt., for the Union.

Mr. LowLs Cokiv. of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Amalgamated Clothing Workers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of E. B. & A. C. Whiting Company, Burlington, Vermont, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Samuel G. Zack, Trial Examiner. Said hearing was held at Burlington,

Vermont, on June 6, 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. During the course of the hearing the Company moved to dismiss the petition. The Trial Examiner reserved ruling thereon. The motion is hereby denied. 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 E. B. & A. C. Whiting Company operates a plant at Burlington,

Vermont, where it is engaged in the manufacture of fibres for brushes.

The Company purchases raw materials valued in excess of $100.000 annually, 50 percent of which is shipped to it from points outside the State of Vermont. The Company manufactures products valued in excess of $100,OCO annually, about 90 percent of which is shipped to points outside the State of Vermont.

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

2. THE ORGANIZATION INVOLVED Amalgamated Clothing Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive collective bargaining representative of its employees until such time as the Union is certified by the Board.

   The Company contends that the petition should be dismissed because an...