Advance Tanning Co.

National Labor Relations Board - Board Decisions

Feb 27, 1945

60 N.L.R.B. 923 (N.L.R.B. 1945)

In the Matter of ADVANCE TANNING COMPANY ; BEDFORD LEATHER
COMPANY; W. J. BUDGELL & SONS, INC.; CARR LEATHER COMPANY;
B. E. Cox LEATHER COMPANY ; CREESE AND COOK COMPANY ; CREST-
BRAND LEATHER COMPANY; DOLAN TANNING COMPANY ; WILLIAM F.
DUFFY & SON ; EASTERN TANNING COMPANY; ESSEX FINISHING COM-
PANY ; JOAN FLYNN & SONS , INC. ; FOSTER LEATHER COMPANY; GALE
LEATHER COMPANY ; GAESTAN LEATHER COMPANY; GENERAL REFIN-
ISHING COMPANY ; GILL LEATHER COMPANY; GOLDSMITH LEATHER
COMPANY; GREENE & NOLAN, INC.; THE H . D. C. LEATHER COMPANY;
HELBURN THOMPSON COMPANY ; HOGAN TANNING COMPANY , INC.;
HUNT-RANKIN LEATHER COMPANY ; IDEAL FINISHING COMPANY;
IRVING LEATHER FINISHING COMPANY ; J. & J. LEATHER FINISHING
COMPANY; KIRSTEIN LEATHER COMPANY; KIRSTEIN TANNING COM-
PANY, INC. ; KORN LEATHER COMPANY ; LEACH -HECKEL LEATHER
COMPANY; LEATHER CITY TANNING COMPANY; LIBERTY LEATHER
COMPANY; JOHN MCCARTHY & SON, INC.; MAXWELL LEATHER COM-
PANY; F. P. MEADE COMPANY ; MODERN LEATHER FINISHING COM-
PANY; MORRILL LEATHER COMPANY ; MORRIS TANNING COMPANY ;
NORTHERN LEATHER COMPANY ; NORTH SHORE TACKING COMPANY;
THOMAS A. O'KEEFE LEATHER COMPANY ; T. J. O'SHEA LEATHER
COMPANY; F. P. OSBORN, INC.; PEABODY EMBOSSING COMPANY; PEARL
EMBOSSING COMPANY ; PHENNY SMIDT LEATHER COMPANY ; NATI-IAN
H. POOR COMPANY; PRAGER LEATHER CORPORATION; PURITAN TAN-
NERY^ INC. ; PUTNAM LEATHER FINISHING COMPANY; REGIS LEATHER
COMPANY; REX LEATHER FINISHING COMPANY; RUSSELL-SIM TAN-
NING COMPANY; SALEM LEATHER COMPANY ; SALWIN LEATHER COM-
PANY, INC.; SIIAKTMAN EMBOSSING COMPANY; SITAKTMAN FINISH-
ING COMPANY; SILVA LEATHER COMPANY; SLATTERY BROS. TANNING
COMPANY; SPEROS TANNING COMPANY ; SPRING LEATHER COMPANY,
INC. ; STRAUSS TANNING COMPANY : SUPERIOR HAT LEATHER CoM-
PANY SUPREME FINISHING COMPANY, INC.; S. TARLOW COMPANY,
INC.; TARLOW BROTHERS EMBOSSING COMPANY, INC.; TRIMONT
LEATHER COMPANY; TWIN TANNERS, INC.; VERZA TANNING COM-
PANY; VICTORY TANNING COMPANY; WALNUT FINISHING COMPANY;
WITCH CITY TANNING COMPANY ; E. A. WVOELFEL Cox, INC.; RICHARD
YOUNG COMPANY and INTERNATIONAL FUR AND LEATHER WORKERS
UNION OF THE UNITED STATES AND CANADA (CIO), LOCAL #21
,LEATHER DIVISION)
In the Matter of W. J. BUDGELL & SONS, INC. and UNITED LEATHER
WORKERS' INTERNATIONAL UNION, LOCAL #21, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
60 N. L . R B., No. 160.
923
924 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In the Matter of GOLDSMITH LEATHER COMPANY'* and UNITED LEATHER
WORKERS INTERNATIONAL UNION, LOCAL #21, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
In the Matter of GREENE & NOLAN, INC.* and UNITED LEATHER WORKERS
INTERNATIONAL UNION, LOCAL #21, AFFILIATED WITH THE AMERICAN
FEDERATION OF LABOR
In the Matter of F. P. OSBORN, INC. and UNITED LEATHER WORKERS
INTERNATIONAL UNION, LOCAL #21, AFFILIATED WITH THE AMERICAN
FEDERATION OF LABOR
In the Matter of PRAGER LEATHER CORPORATION* and UNITED LEATHER
WORKERS INTERNATIONAL UNIONS LOCAL #21, AFFILIATED WITH TIIE
AMERICAN FEDERATION OF LABOR
In, the Matter Of SPRING LEATHER COMPANY, INC., and UNITED
LEATHER WORKERS INTERNATIONAL UNION, LOCAL #21, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
In the Matter of F. P. MEADE COMPANY and UNITED LEATHER
WORKERS INTERNATIONAL UNION, LOCAL #21, AFFILIATED WITH THE
AMERICAN FEDERATION or LABOR
Cases Nos. 1-R-&1392, 1-R-2116, 1-R-2117, 1-R-2118, and 1-R-2122
through 1-R-2125, respectively.-Decided February 27, 1945
Mr. Robert E. Greene, for the Board.
Messrs. Ropes, Gray, Best, Coolidge d Rugg, by Messrs. William
F. Sullivan and William E. Costello, both of Boston, Mass., for the
Association and Members.
Mr. Herbert H. Peters, of Peabody, Mass., for the Independents.
Messrs. Thomas J. Mullaney, J. H. Landenberger, both of Phila-
delphia, Pa., and Mr. William J. Regan, of Peabody, Mass., for the
A. F. L.
Messrs. Grant and Angoff, by Mr. Sidney S. Grant, of Boston, Mass.,
for the C. I. O.
Mr. David'V. Easton, of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Fur and
Leather Workers Union of the United States and Canada (CIO),
* At the hearing a motion was made and granted to conform the pleadings to the proof.
The record indicates that this is the correct designation of the Company. -
ADVANCE TANNING COMPANY 925
Local #21 (Leather Division), herein called the C. I. 0., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of certain companies which comprise the entire
membership of the Massachusetts Leather Manufacturers Associa-
tion, herein called the Association, in the Peabody-Salem-Danvers,
Massachusetts, area, said companies being collectively referred to
herein as the Members, and certain other companies in that geo-
graphical area, herein called the Jndependents,3 and upon seven sep-
arate petitions filed by United Leather Workers International Union,
Local #21, affiliated with the American Federation of Labor, herein
called the A. F. L., alleging that questions affecting commerce had
arisen concerning the representation of employees of W. J. Budgell &
' The Association presently has a few members outside the Peabody -Salem -Danvers area
who are not concerned in this proceeding.
2 The Members are : Cair Leather Company, Peabody , Massachusetts ; B. E Cox Leather
Company , Peabody, Massachusetts ; Creese and Cook Company , Danvers , Massachusetts ;
William F . Duffy & Son, Danvers, Massachusetts ; John Flynn & Sons, Inc, Salem , Massa-
chusetts ; Gill Leather Company , Salem, Massachusetts ; Helburn Thompson Company,
Salem, Massachusetts , Hunt-Rankin Leather Company , Peabody , Massachusetts ; Kirstein
Leather Company , Peabody , Massachusetts ; Kirstein' Tanning Company , Inc, Peabody,
Massachusetts , Korn Leather Company , Peabody, Massachusetts , Leach -Heckel Leather
Company , Salem, Massachusetts , Leather City Tanning Company , Peabody , Massachusetts ;
John McCarthy & Son, Inc , Peabody , 'Massachusetts ; Morrill Leather Company , Peabody,
Massachusetts ; Thomas A. O'Keefe Leather Company , Salem, Massachusetts ; T J. O'Shea
Leather Company , Peabody, Massachusetts ; Phenny Smidt Leather Company , Peabody,
Massachusetts ; Nathan H Poor Company , Peabody , Massachusetts , Prager Leather Cor-
poration, Salem , Massachusetts ; Puritan Tannery , Inc , Salem , Massachusetts , Regis
Leather Company , Peabody, Massachusetts , Russell-Sim Tanning Company, Salem , Massa-
chusetts ; Salem Leather Company , Salem, Massachusetts , Shaktman Embossing Company,
Salem, Massachusetts ; Shaktman Finishing Company, Salem, Massachusetts ; Slattery
Bros . Tanning Company , Salem, Massachusetts ; Strauss Tanning Company , Peabody,
Massachusetts ; Trimont Leather Company , Peabody , Massachusetts , Twin Tanners, Inc.,
Peabody, Massachusetts , Verza Tanning Company, Peabody , Massachusetts ; Witch City
Tanning Company , Salem, Massachusetts ; and Richard Young Company , Peabody, Massa-
chusetts.
3 The Independents are as follows : Advance Tanning Company , Peabody , Massachusetts ;
Bedford Leather Company, Danvers , Massachusetts ; W J Budgell & Sons, Inc, Peabody,
Massachusetts ; Crestbrand Leather Company , Salem, Massachusetts ; Dolan Tanning Com-
pany , Danvers, Massachusetts ; Eastern Tanning Company , Salem, Massachusetts ; Essex
Finishing Company , Danvers, Massachusetts , Foster Leather Company, Peabody , Massa-
chusetts , Gale Leather Company, Peabody , Massachusetts , Gaestan Leather Company,
Peabody , Massachusetts ; General Refinishing Company, Salem , Massachusetts ; Goldsmith
Leather Company , Salem, Massachusetts ; Greene & Nolan , Inc , Peabody , Massachusetts ;
The H. D C. Leather Company, Peabody, Massachusetts ; Hogan Tanning Company, Inc,
Peabody, Massachusetts ; Ideal Finishing Company, Peabody, Massachusetts ; Irving
Leather Finishing Company, Peabody, Massachusetts ; J & J Leather Finishing Company,
Peabody , Massachusetts ; Liberty Leather Company, Peabody , Massachusetts ; Maxwell
Leather Company , Peabody, Massachusetts , F. P. Meade Company , Peabody , Massa-
chusetts , Modern Leather Finishing Company , Peabody , Massachusetts , Morris Tanning
Company , Salem, Massachusetts ; Northern Leather Company , Salem , Massachusetts, North
Shore Tacking Company , Salem, Massachusetts , F. P. Osborn , Inc., Peabody , Massa-
chusetts ; Peabody Embossing Company , Peabody , Massachusetts , Pearl Embossing Com-
pany , Salem, Massachusetts , Putnam Leather Finishing Company, Peabody , Massachusetts ;
Rex Leather Finishing Company , Peabody , Massachusetts ; Salwin Leather Company, Inc.,
Peabody , Massachusetts ; Silva Leather Company , Peabody , Massachusetts ; Speros Tan-
ning Company, Peabody, Massachusetts, Spring Leather Company, Inc., Peabody, Massa-
chusetts ; Superior Hat Leather Company, Salem , Massachusetts , Supreme Finishing
Company , Inc., Peabody , Massachusetts ; S. Tarlow Company , Inc , Peabody, Massachusetts ,
Tarlow Brothers Embossing Company, Inc , Peabody, Massachusetts ; Victory Tanning
Company , Peabody, Massachusetts ; Walnut Finishing Company. Salem, Massachusetts ,
and E A Woelfel Cox, Inc, Peabody, Massachusetts.
,926 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Sons, Inc., Goldsmith Leather Company; Greene &-, Nolan, Inc.; F. P.
Meade Company; F. P. Osborn, Tue.; Prager Leather Corporation ;
.and Spring Leather Company, Inc.; companies in the Peabody-
Salem-Danvers, Massachusetts, area previously listed either as a Mem-
ber or as an Independent, the National Labor Relations Board, by an
order dated November 22, 1944, consolidated the cases and provided
for an appropriate hearing upon due notice before Robert E. Greene 4
and Samuel H. Jaffee, Trial Examiners. Said hearing was held at
Salem, Massachusetts, on November 27, 29, and 30, December 1, 4,
and 5, 1944. The Association, both for itself and on behalf of the
Members, the Independents, the C. 1. 0., and the A. F. L. appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiners' 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. On Janu-
ary 16, 1945, oral argument was held before the Board in Washing-
ton, D. C. The Association, both for itself and on behalf of'the
Members, the C. I. 0., and the A. F. L. appeared and participated.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
The record indicates that all companies involved herein, Members
and Independents, are engaged in one or more phases of the leather
industry. Each company, with the exception of Salwin Leather Com-
pany, Inc., receives a substantial amount of raw materials used by it
in its manufacturing,operations from points outside the Common-
wealth of Massachusetts, or causes a substantial amount of its finished
products to be shipped to points outside the Commonwealth of
Massachusetts, or both.'
4 Mr. Greene served as Trial Examiner for the first day's heaung in this consolidated
proceeding Thereafter , he acted as attorney for the Board
5 The following chart indicates the approximate value of the annual contract sales of
many of the Independents . The sales of these companies are in excess " of the figures
set forth.
Advance Tanning Company------- ---------------------------- $75,000
Bedford Leather Company------------------------------------ 50,000
W. J. Budgell & Sons , Inc--------- -------------------------- 50, 000
Essex Finishing Company-- --------------------------- 40,000
Foster Leather Company------------------------------------- 12,000
Gale Leather Company ---------------------------------------, 75,000
Gaestan Leather Company-- ---------------------------------- - 10,000
General Refinishing Company --------------------------------- 25,000
Goldsmith Leather Company---------------------------------- 100,000
Greene & Nolan , Inc----------------------------------------- 65,000
mhe H. D. C Leather Company------------------------------- 25, 000
ADVANCE TANNING COMPANY 927
With particular reference to Salwin Leather Company, Inc., the
record indicates that this company is engaged in the purchase and sale
of offal , which is a byproduct of leather. This company purchases
offal from various companies engaged in the leather industry within
the Commonwealth of Massachusetts and sells it to brokers within the
Commonwealth. However, 30 to 50 percent of this company' s sales
to the brokers are shipped by the latter to points outside the Common-
wealth of Massachusetts.
All Members and Independents "believe," and we find, that they are
engaged in commerce within the meaning of the National Labor
Relations Act. ,
II. TIIE ORGANIZATIONS INVOLVED
International Fur and Leather Workers Union of the United States
and,Canada, Local #21 (Leather Division), is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of both Members and Independents.
United Leather Workers International Union, Local #21, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of both Members and Independents.
III. THE QUESTIONS CONCERNING REPRESENTATION; THE ALLEGED
QUESTION CONCERNING REPRESENTATION
It is apparent from the record that neither the Members nor the
Independents will bargain collectively with either the C. I. O. or the
Hogan Tanning Company, Inc --------------------------------- $50,000
Ideal Finishing Company_____________________________________ 85,000
Irving Leather Finishing Company____________________________ 12,000
J. & J. Leather Finishing Company____ ________________________ 90, 000
Liberty Leather Company ____________________________________ 20,000
Maxwell Leather Company_ __________________________________ 15,000
F P. Meade Company________________________________________ 90,000
Modern Leather Finishing Company___________________________ 200,000
Morris Tanning Company ____________________________________ 70,000
Northern Leather Company ___________________________________ 40,000
North Shore Tacking Company ________________________________ 5,000
F. P. Osborn , Inc-------------------------------------------- 20,000
Peabody Embossing Company_________________________________ 30,000
Pearl Embossing Company____________________________________ 50, 000
Putnam Leather Finishing Company___________________________ 25,000
Rex Leather Finishing Company _______________________________ 100, 000
Silva Leather Company__________ ____________________________ 10,000
Speros Tanning Company_________________________________25,000
Spring Leather Company, Inc--------------------------------- 75,000
Supreme Finishing Company, Inc ------------------------------ 80, 000
Tarlow Brothers Embossing Company , Inc----------------------- 85, 000
S. Tarlow Company , Inc-------------------------------------- 75, 000
Victory Tanning Company ____________________________________ 25,000
Walnut Finishing Company___________________________________ 30,000
E. A. Woelfel Cox, Inc --------------------------------------- 55,000
The following chart indicates the approximate total value of purchases and sales made by
certain of the companies , and the percentage of such , purchases and sales received from or
928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A. F. L. in the absence of a determination by the Board of the unit
issued e
Reports of a Field Examiner of the Board, introduced into evidence
at the hearing, indicate that the A. F. L. represents a substantial
number of employees -in six of the units it alleges as appropriate.?
shipped to points outside the Commonwealth of Massachusetts. The sales and purchases
of the companies are "in excess" of the figures listed.
ame of company
alue of
annual
purchases
Percentage
of value of
purchases
received
from points
outside the
Common-
wealth of
Massachu-
setts
alue of
annual sales
Percentage
of value
of annual
sales shipped
to points
outside the
Common-
wealth of
Massachu-
setts
Carr Leather Company__________________ $100,000 90 $100,000 70
B. E. Cox Leather Company --------- ---- 1Q0,000 50 100,000 2
CreeseandCook Company -------------- 100,000 95 100,000 90
Crestbrand Leather Company 10,000 60 20,000 70
Dolan Tanning Company 200,000 90 300, 000 90
William F. Duffy &Son__ -------------- 25,000 150 100,000 - 95
Eastern Tanning Company______________ 25,000 0 55,000 65
John Flynn & Sons, Inc - 100,000 80 100,000 80
Foster Leather Company 25,000 50 40,000 10
Gill Leather Company___________________ 500,000 25 750 000 95
HelburnThompson Company ----------- 100,000 95 100,000 90
Hunt-Rankin Leather Company 1,000,000 70 1,800,000 80
Kirstem Leather Company 100,000 70 200,000 80
Kirstem Tanning Company, Inc --------- 100,000 50 1,000,000 80
Korn Leather Company 100,000 90 100,000 90
Leach-Heckel Leather Company --------- 50,000 75 100,000 85
Leather City Tanning Company ________ 10,000 20 50,000 50
John McCarthy & Son, Inc 50,000 20 , 100,000 70
Morrill Leather Company 100,000 100 100,000 50
Northern Leather Company 6.000 50 15,000 50
Thomas A O'Keefe Leather Company-__ 100,000 100 100, 000 75
T. J O'Shea Leather Company 100,000 80 100,000 95
PhennySmidtLeather Company -------- 20,000 5 100,000 50
Nathan H'PoorCompany --------------- 100,000 95 300,000 95
Prager Leather Corporation______________ 100,000 20 100,000 50
Puritan Tannery, Inc___________________ 100,000 52 100,000 60
Regis Leather Company_________________ 22,000 10 100, 000 30
Russell-Sim Tanning Company 100,000 75 500,000 50
Salem Leather Company 10,000 35 50,000 100
Shaktman Embossing Company 2,500 100 10,000 - 0
ShaktmanFinishing Company ---------- 10,000 5 10,000 98
Slattery Bros Tanning Company -------- 100,000 60 - 100,000 80
Strauss Tanning Company_______________ 50,000 50 75, 000 75
Superior Hat Leather Company --------- 25,000 0 50,000 60
TrimontLeather Company ---- __----- ___
,
100,006, 100 10*000 - 80
Twin Tanners, Inc----------------------- 100,000 50 200,000 60
VerzaTanning Company ---------------- 100,000 75 1,250.000 30
Witch City Tanning Company ---------- 25,000 25 40,000 50
Richard Young Company________________ 100,000 - 85 100,000 75
6 Since the collective bargaining agreements between the C I. 0 and each of the Mem-
bers; and the C. I O. and each of the Independents, expired January 1945, they do not
constitute bars to current determinations of representatives
7 The reports of the Field Examiner may be summarized by the following chart :
Number of desig-
nations submitted
Case No. by the A. F. L.
Number in
the unit
1-R-2116-------------------------------------- 18 29
1-R-2117-------------------------------------- 11 30
1-R-2118-------------------------------------- 14 32
1-R-2122-------------------------------------- 3 5
1-R-2124-------------------------------------- 19 24
1-R-2125-------------------------------------- 13 22
The C. I. O. relies upon its collective bargaining agreements with the Members and the
Independents to support its petition in Case No. 1-R-2132, and to establish its interest
in the proceedings initiated by.the A. F. L. Cf. Matter of International Shoe Company,
55 N L. R. B. 267.
ADVANCE TANNING COMPANY 929
We find that questions affecting commerce have arisen concerning
the representation of employees of the Members and the Independents,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
Inasmuch as the unit sought by the A. F. L. in Case No. 1-R-2123
is, for reasons stated in Section IV, infra, inappropriate, we find that,
with respect to its petition in that case, no question affecting commerce
has arisen concerning the representation of employees of Prager
Leather Corporation.
IV. THE APPROPRIATE UNITS
The C. I. O. seeks a unit comprised of all production employees of
the Members and-the Independents, employers engaged in the leather
industry in the Peabody-Salem-Danvers, Massachusetts, area, exclud-
ing office and clerical employees, maintenance employees, executives,
foremen, supervisory employees within the meaning of the Board's
customary definition, and production employees holding full-time
positions not connected with the tanning or leather industry. The
A. F. L. does not object to the C. I. O.'s proposed inclusions and
exclusions, but contends that the employees of each Member and Inde-
pendent involved in the several representation petitions filed by it 8
constitute separate appropriate units. The Association and its Mem-
bers contend that the appropriate unit consists of the employees of
the Members within the classifications set forth above, and do not
object to the inclusion within this unit of similarly classified em-
ployees of the Independents. The Independents desire that their
employees in the above-mentioned classifications be included as part
of the geographical unit sought by the C. I. O.
The Peabody-Salem-Danvers, Massachusetts, area is encompassed
by a circle having a radius of approximately 4 miles, and the inhabi-
tants therein comprise a labor pool used in common by the Members
and the Independents. The record indicates that there is a constant
interchange in this area of employees engaged in the leather industry
without regard to whether the employer is a Member or an Independ-
ent. In addition, there is continual'interchange of production services
among the Members and the Independents.
In 1933, following a general strike among the employees in the leather
industry in this area, an organization known as the National Leather
Workers Union, herein called the Leather Workers, was established
for the purpose of representing these employees. This organization
s As noted herein, the A P L filed 7 representation petitions which were consolidated
with the petition filed by the C. I. 0 Six of these involve -Independents and 1 involves a
Member, Prager Leather Corporation. The record indicates that the A. F. L filed, as of
the date of the hearing, 14 additional representation petitions, 12 of which concern Mem-
bers and 2 involve Independents. We are not concerned with the last-mentioned petitions
628563-45-vol. 60-60
930 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
became affiliated with the Congress of Industrial Organizations in
1937, and, in 1939, merged with the International Fur and Leather
Workers Union, affiliated with the Congress of Industrial Organiza-
tions, becoming its Local #21, the C. I. O. herein. During the same
period in which the Leather Workers was being formed, many of the
employers in this area banded together and formed the Association.
From 1934 to the present time, the executive committee of the Asso-
ciation and the bargaining committee of the C. I. O.9 met for the
purposes of negotiating collective bargaining agreements for the
Peabody-Salem-Danvers area. After they had agreed upon and ini-
tialed a tentative draft of an agreement, several copies were duplicated
and a copy of the draft was delivered to each of the Members and was
referred to the membership of the C. I. O. for ratification. Following
ratification by the membership of the C. I. 0., representatives of each
of the Members and the C. I. O. executed individual agreements.'°
It appears from the record that ratification by the Members was a
pro forma matter, the initialing of the tentative draft by the Associa-
tion's executive committee being, for all practical purposes, acceptance-
by the Members." After the agreements between the C. I. O. and the
individual Members were executed, copies were left with each of the
Independents 12 In all instances, each Independent, together with the
C. I. 0., executed a copy of the agreement which had previously
been negotiated between the bargaining coilunittee of the C. I. O.
and the executive committee of the Association.
During this period, the employees of the Members were treated for
arbitration purposes before the State Board of Arbitration as a single
group. Similar treatment was accorded these employees in proceed-
ings before the National War Labor Board. In all respects, the Inde-
pendents adopted the practices of the Members after awards had been
made or decisions rendered by these agencies.
In August 1943, as a consequence of internal conflict, certain dis-
sident members of the C. I. O. revived the original Leather Workers
which, in November, became affiliated with the American Federation
of Labor. It is this organization which is referred to herein as the
A. F. L.
We are of the opinion that the history of collective bargaining in
the Peabody-Salem-Danvers, Massachusetts, area definitely indicates
the propriety of a unit comprised of employees of the Members. It
is apparent that the Members delegated authority to the Association's
9 Or its predecessors.
10 Since 1937, it has been the practice of the secretary of the Association to obtain the
signatures of the Members for the copies
11 At no time since the institution of this collective bargaining procedure has a Member
refused to execute the agreement which the Association 's executive committee initialed.
12 The record indicates that there are four leather companies in the Peabody -Salem-
Danvers, Massachusetts , area who have not had collective bargaining relations with the
C 1 0 or its predecessors. These companies are not involved herein.
ADVANCE TANNING COMPANY 931
executive committee to bargain collectively on their behalf, and that
the negotiations and commitments of this committee were, in effect,
the negotiations and commitments of the individual Members. Under
these circumstances, we find that a unit comprised of employees of the
Members is proper for collective bargaining purposes.13
On the other'hand, we are not persuaded that the history of collec-
tive bargaining in the area compels a finding that the employees of
the Independents should be part of this bargaining unit. There is
no evidence that the Independents participated in the negotiations
between the Association, acting on behalf of the Members, and the
C. I. O: Without any semblance of bargaining, the Independents
signed agreements identical to those executed by the Members. This
course of conduct cannot be considered as true'collective bargaining
on an area-wide basis covering employees of both the Members and
the Independents, particularly since the Independents were in no way
obligated to follow the Association's lead. We conclude, therefore,
that the employees of each Independent comprise a separate appro-
priate unit."
Accordingly, we find that all production employees of the Members,
excluding office and clerical employees, maintenance employees, execu-
tives, foremen, all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, and all production
employees holding full-time positions not connected with the tanning
or leather industry, constituted a single unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
We further find that the production employees of each of the Inde-
pendents, excluding office and clerical employees, maintenance em-
ployees, executives, foremen, all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, and all'
production employees holding full-time positions not connected with
the tanning or leather industry, constitute separate units appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by 42 separate elections by secret ballot among
the employees in the appropriate units who were employed during
the pay-roll period immediately preceding the date of the Direction
13 See Matter of Dolese & Shepard, Inc, 56 N. L. R. B 532.
14 Insofar as Matter of George F. Carleton Company, Inc., 54 N. L R. B. 222, is incon-
sistent with our present decision , it is overruled.
932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Elections herein, subject to the limitations and additions set forth
in the Direction 15
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the' National Labor Relations
Act, and pursuant to Article III, Section 9, of National-Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Carr Leather
Company, Peabody, Massachusetts; B. E; Cox Leather Company, Pea-
body, Massachusetts; Creese and Cook Company, Danvers, Massa-
chusetts; William F. Duffy & Son, Danvers, Massachusetts; John
Flynn & Sons, Inc., Salem, Massachusetts; Gill Leather Company,
Salem; Massachusetts; Helburn Thompson Company, Salem, Massa-
chusetts; Hunt-Rankin Leather Company, Peabody, Massachusetts;
Kirstein Leather Company, Peabody, Massachusetts; Kirstein Tan-
ning Company, Inc., Peabody, Massachusetts; Korn Leather Com-
pany, Peabody, Massachusetts; Leach-Heckel Leather Company,
Salem, Massachusetts; Leather City Tanning Company, Peabody,
Massachusetts; John McCarthy & Son, Inc., Peabody, Massachusetts;
Morrill Leather Company, Peabody, Massachusetts ; Thomas A.
O'Keefe Leather Company, Salem, Massachusetts; T. J. O'Shea
Leather Company, Peabody, Massachusetts ; Phenny Smidt Leather
Company, Peabody, Massachusetts; Nathan H. Poor Company, Pea-
body, Massachusetts; Prager Leather Corporation, Salem, Massa-
chusetts; Puritan Tannery, Inc., Salem, Massachusetts; Regis Leather
Company, Peabody, Massachusetts; Russell-Sim Tanning Company,
Salem, Massachusetts; Salem Leather Company, Salem, Massachu-
setts; Shaktman Embossing Company, Salem, Massachusetts; Shakt-
man Finishing Company, Salem, Massachusetts; Slattery Bros. Tan-
ning Company, Salem, Massachusetts ; Strauss Tanning Company,
Peabody, Massachusetts; Trimont Leather Company, Peabody, Mas-
sachusetts; Twin Tanners, Inc., Peabody, Massachusetts; Verza
Tanning Company, Peabody, Massachusetts; Witch City Tanning
Company, Salem, Massachusetts; Richard Young Company, Peabody,
Massachusetts; Advance Tanning Company, Peabody, Massachusetts;
Bedford Leather Company, Danvers, Massachusetts ; W. J. Budgell
& Sons, Inc., Peabody, Massachusetts; Crestbrand Leather Company,
Salem, Massachusetts; Dolan Tanning Company, Danvers, Massacliu-
15 Since we are directing elections, we shall place both the A. F L. and the C. I. 0 upon
all ballots However, we shall permit the A F. L. to withdraw from any ballot if it so
desires, provided it gives notice of such desire to the Regional Director within ten (10)
days from the date of the Direction of Elections herein.
ADVANCE TANNING COMPANY 933
setts; Eastern Tanning Company, Salem, Massachusetts; Essex Fin-
ishing Company, Danvers, Massachusetts; Foster Leather Company,
Peabody, Massachusetts; Gale Leather Company, Peabody, Massa-
chusetts; Gaestan Leather Company, Peabody, Massachusetts; Gen-
eral Refinishing Company, Salem, Massachusetts; Goldsmith Leather
Company, Salem, Massachusetts; Greene & Nolan, Inc., Peabody,
Massachusetts; The H. D. C. Leather Company, Peabody,. Massachu-
setts; Hogan Tanning Company, Inc., Peabody Massachusetts; Ideal
Finishing Company, Peabody, Massachusetts ; Irving Leather Finish-
ing Company, Peabody, Massachusetts; J. & J. Leather Finishing
Company, Peabody, Massachusetts; Liberty Leather Company, Pea-
body, Massachusetts ; Maxwell Leather Company, Peabody, Massa-
chusetts; F. P. Meade Company, Peabody, Massachusetts; Modern
Leather Finishing Company, Peabody, Massachusetts; Morris Tan-
ning Company, Salem, Massachusetts; Northern Leather Company,
Salem, Massachusetts; North Shore Tacking Company, Salem, Mas-
sachusetts; F. P. Osborn, Inc., Peabody, Massachusetts; Peabody Em-
bossing Company, Peabody, Massachusetts; Pearl Embossing Com-
pany, Salem, Massachusetts; Putnam Leather Finishing Company,
Peabody, Massachusetts; Rex Leather Finishing Company, Peabody,
Massachusetts; Salwin Leather Company, Inc., Peabody, Massachu-
setts; Silva Leather Company, Peabody, Massachusetts; Speros
Tanning Company, Peabody, Massachusetts; Spring Leather Com-
pany, Inc., Peabody, Massachusetts; Superior Hat Leather Company,
Salem, Massachusetts; Supreme Finishing Company, Inc., Peabody,
Massachusetts; S. Tarlow Company, Inc., Peabody, Massachusetts;
Tarlow Brothers Embossing Company, Inc., Peabody, Massachusetts;
Victory Tanning Company, Peabody, Massachusetts; Walnut Finish-
ing Company, Salem, Massachusetts; E. A. Woelfel Cox, Inc., Pea-
body, Massachusetts, 42 separate elections 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 supervision
of the Regional Director for the First Region, a'ctiig in this matter
as agent for the National Labor Relations Board, and subject to Arti-
cle III, Sections 10 and 11, of said Rules and Regulations, among the
employees in the units 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of
the elections, to determine whether they desire to be represented by
934 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Fur and Leather Workers Union of the United States
and Canada , Local #21 (Leather Division ), affiliated with the Con-
gress of Industrial Organizations , or by United Leather Workers
International Union, Local #21 , affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining, or by
neither.
ORDER
IT IS HEREBY ORDERED that the petition filed by United Leather
Workers International Union, Local #21, affiliated with the Ameri-
can Federation of Labor, for investigation and certification of repre-
sentatives of employees of Prager Leather Corporation, Case No.
1-R-2123, be, and it hereby is, dismissed.
C