61 N.L.R.B. 499 (N.L.R.B. 1945)

Advance Tanning Co.

National Labor Relations Board - Board DecisionsApr 11, 1945

61 N.L.R.B. 499 (N.L.R.B. 1945)

In the Matter of ADVANCE TANNING COMPANY; BEDFORE 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 COMPANY; JOHN FLYNN & SONS, INC.; FOSTER LEATHER COMPANY ; GALE LEATHER COMPANY ; GAESTAN LEATHER COMPANY; GENERAL REFINISHING COMPANY ; GILL LEATHER COMPANY; GOLDSMITH LEATHER COMPANY; GREENE & NOLAN , INC.; THE H . D. C. LEATHER COMPANY ; HELBURN THOMPSON COMPANY; HOGAN TANNING COM- PANY, INC.; HUNT-RANKIN LEATHER COMPANY; IDEAL FINISHING COMPANY ; IRVING LEATHER FINISHING COMPANY ; J. & J. LEATHER FINISHING COMPANY; KIRSTEIN LEATHER COMPANY ; KIRSTEIN TANNING COMPANY , INC.; KORN LEATHER COMPANY ; LEACH- HECKEL LEATHER COMPANY; LEATHER CITY TANNING COMPANY; LIBERTY LEATHER COMPANY ; JOHN MCCARTHY & SON, INC.; MAX- WELL LEATHER COMPANY ; F. P. MEADE COMPANY; MODERN LEATHER FINISHING COMPANY ; MORRILL LEATHER COMPANY; MORRIS TAN- NING 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 EM- BOSSING COMPANY; PEARL EMBOSSING COMPANY ; PHENNY SMIDT LEATHER COMPANY ; NATHAN H. POOR COMPANY; PRAGER LEATHER CORPORATION ; PURITAN TANNERY, INC. ; PUTNAM LEATHER FINISH- ING COMPANY; REGIS LEATHER COMPANY ; REX LEATHER FINISHING COMPANY ; RUSSELL-SIM TANNING COMPANY; SALEM LEATHER COM- PANY; SALWIN LEATHER COMPANY , INC.; SHAKTMAN EMBOSSING COMPANY; SHAKTMAN FINISHING COMPANY ; SILVA LEATHER COM- PANY; SLATrERY BROS. TANNING COMPANY ; SPEROS TANNING COM- PANY; SPRING LEATHER COMPANY, INC. ; STRAUSS TANNING COMPANY; SUPERIOR HAT LEATHER COMPANY ; SUPREME FINISHING COMPANY, INC.; S. TARLOW COMPANY , INC. ; TARLOW BROTHERS EM- BOSSING COMPANY , INC. ; TRIMONT LEATHER COMPANY; TWIN TAN- NERS, INC.; VERZA TANNING COMPANY ; VICTORY TANNING COM- PANY; WALNUT FINISHING COMPANY; WITCH CITY TANNING COM- PANY; E. A. WOELFEL COX, INC.; RICHARD YOUNG COMPANY and INTERNATIONAL FUR AND LEATHER WORKERS UNION OF THE UNITED STATES AND CANADA ( CIO), LOCAL #21 LEATHER DIVISION) 61 N. L . R. B., No. 66. 499 500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD In the Matter of W. J. BUDGELL & SoNS, INC., and UNITED LEATHER WORKERS INTERNATIONAL UNION, LOCAL #21, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR In the Matter of GoLOS31ITH 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 WORK- ERS INTERNATIONAL UNION, LOCAL #21, AFFILIATED WITH THE AMERICAN FEDERATION or LABOR In the Matter of F. P. OSBORN, INC., and UNITED LEATHER WORKERS INTERNATIONAL UNION, LOCAL #21, AFFILIATED WITH THE AMERI- CAN 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 OF LABOR Cases Nos. 1-R-0132, 1-R-9116 through 1-R-2118, 1-R-9192, 1-R-124, and 1-R-4125 , respectively SUPPLEMENTAL DECISION DIRECTION AND t CERTIFICATION OF REPRESENTATIVES April 11, 1945 On March 21, 1945, pursuant to a Decision, Direction of Elections, and Order issued by the Board on February 27, 19451 elections were conducted under the direction and supervision of the Regional Direc- tor for the First Region (Boston, Massachusetts) among the em- ployees in the units found appropriate in the said Decision.2 Upon the conclusion of the elections, Tallies of Ballots were furnished the parties in accordance with the Rules and Regulations of the Board. On March 19, 1945, the A. F. L. filed a letter with the Regional Office, which was treated as objections to the conduct of each of the 160 N. L. R. B. 923 2 No election was conducted among the employees of Bedford Leathei Company; since it is no longer in existence ADVANCE TANNING COMPANY 501 elections. On March 26, 1945, the Regional Director issued and duly served upon the parties a Report on Objections, recommending that the objections of the A. F. L. be overruled. No exceptions were filed to the Regional Director's Report within the time provided therefor. We hereby adopt the Regional Director's Report, and, for reasons stated therein, find that the objections raised no substantial or ma- terial issues with respect to the conduct of the elections. Accordingly, they are overruled. Having thus disposed of the A. F. L.'s objections, we turn now to a consideration of the separate elections. In Case No. 1-R-2117, the Tally indicates that, of approximately 28 eligibles in the voting unit, 22 cast valid votes, of which 11 were for the A. F. L. and 11 were for the C. I. 0. In addition, 4 ballots were challenged and 1 ballot was declared void. Since the challenged ballots could affect the results of the election, the Regional Director, on March 24, 1945, issued and duly served upon the interested parties a Report on Challenged Ballots, recommending that Manuel Bettin- cort, Eugene Cunha, Tiago Silva, and Samuel Shaffarel be declared eligible voters and their ballots opened and counted. No exceptions were filed to the Regional Director's Report within the time provided therefor. We hereby adopt said Report, and, for reasons stated therein, overrule the challenges to the votes of Bettincort, Cunha, Silva, and Shaffarel, and shall direct that they be opened and counted. In Case No. 1-R-2132, the Tally of Ballots setting forth the results of the election held among employees of Superior Hat Leather Com- pany, an Independent, indicates that, of the approximately nine eli- gible voters in the voting unit, six cast valid votes, of which two were for the A. F. L., three were for the C. I. 0., and one was for neither organization. In addition, the Tally indicates that one ballot was de- clared void. Thereafter, both the A. F. L., and the C. I. 0., requested that a run-off election be conducted among the employees of this Inde- pendent. As noted above, the objections of the A. F. L. to this elec- tion have been overruled. We shall hereinafter direct the Regional Director to proceed pursuant to Article III, Section 11, of the Board's Rules and Regulations. Except for the election in Case No. 1-R-2117, and the election among the employees of Superior Hat Leather Company in Case No. 1-R-2132, each of which has been discussed, supra, the Tallies of Bal- lots indicate that the results in the elections are conclusive, the chal- lenged ballots, if any, being insufficient in number to affect the results. In Case No. 1-R-2116, of the approximately 36 eligible voters, 34 cast valid votes, of which 14 were for the A. F. L. and 20 were for the C. I. O. In Case No. 1-R-2118, of the approximately 27 eligible voters, 20 cast valid votes, of which 9 were for the A. F. L. and 11 were for the C. I. 0. In addition, 2 ballots were declared void. 502 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD In Case No. 1-R-2122, of the approximately 6 eligible voters 6 cast valid votes, of which 2 were for the A. F. L. and 4 were for the C. 1. 0. In Case No. 1-R-2124, of the approximately 21 eligible voters, 16 cast valid votes, of which 12 were for the A. F. L. and 4 were for the C. I. O. In addition, 1 ballot was challenged. In Case No. 1-R-2125, of the approximately 17 eligible voters, 15 cast valid votes, of which 8 were for the A. F. L. and 6 were for the C. I. 0., and 1 ballot was cast for neither organization. In Case No. 1-R-2132, the following chart indicates the results of the elections conducted pursuant to the Decision and Direction of Elections: Approxi- mate Valid Votes cast for- Cbal- Name of companies number votes lenged ballots ble of eo voters counted A F. L C. I. O. Neither ballots Advance Tanning Company_________ 13 12 5 - 7 Crestband Leather Company_____ __ 12 5 0 5 Dolan Tanning Company------------ 22 20 4 16 __________ _______ ________ Eastern Tanning Company ---------- 7 5 ---------- 5 ---------- -------- --------Essex Finishing Company____________ 7 6 2 4 Foster Leather Company____________ 9 - 7 2 5 0 0 0 Gaestan Leather Company 7 5 0 5 0 0 0 Gale Leather Company______________ 28 27 0 27 _________ ________ ------ General Refinishing Company------- 7 6 1 5 -- H L C. Leather Company__________ 8 7 1 6 Hogan Tanning Company, Inc_______ 9 6 1 5 - --`-Ideal Finishing Company------------ 22 20 5 15 - -- 1 Leather Finishing Company 9 8 0 8 0 C J & J Leather Finishing Company__ 21 14 4 10 __________ ________ -------- Liberty Leather Company___________ 11 9 1 8 - ---- -_--- -Members '--------------------------- 2,725 2,324 714 1,596 14 87 4: Maxwell Leather Company---------- 7 6 0 6 ------ -------- Modern Leather Finishing Company- 46 45 4 40 1 Morris Tanning Company___________ 32 26 1 25 -------- - -------- Northern LeatherCompany 7 7 0 7 - North Shore Tacking CompanyY------ 3 2 0 2 ----___--- 1 Peabody Embossing Company ------- _5 2 0 2 0 0 Pearl Embossing Company__________ 17 14 4 10 - __________ 3 Putnam Leather Finishing Company 11 11 1 10 Rex Leather Finishing Company____ 36 24 3 18 3 -------- --------Salwin Leather Company, Inc_______ 2 2 0 2 Silva Leather Company 3 2 0 2 - Speros Tanning Company___________ 3 2 0 2 Supreme Fimshmg Company, Inc___ 14 10 1 9 Tarlow Brotheis Embossing Com- pany,Inc-------------------------- 18 15 11 13 1 -Tarlow Company, Inc ___ ________ 30 29 3 26 ... ...... ........ ........ Victory Tanning Company_____ ___ 10 8 0 8 . Walnut Finishing Company_________ 11 8 0 8 . . . ___. ----E A Woelfel Cox, Inc________________ - 16 13 0 13 ---- Members are- Carr Leather Company, Peabody, Massachusetts, B E Cox Leather Company, Peabody, Massachusetts, Creese and Cook Company, Danvers, Massachusetts, William F. Duffy & Sons, Danvers, Masschusetts; John Flynn & Sons, Inc , Salem, Massachusetts; Gill Leather Company, Salem, Massachusetts: Helburn Thompson Company, Salem, Massachusetts, Hunt-Rankin Leather Company, Peabody, Massachusetts, Kirstein Leather Company, Peabody, Massachusetts, Kirstein Tanning Com- pany, 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, Massachu- setts, 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 Corporation, Salem, Massachusetts; Puritan Tannery, Inc, Salem, Massachusetts, Regis Leather Company, Peabody, Massachusetts, Russell-Sim Tanning Company, Salem, Massachusetts; Salem Leather Company, Salem, Massachusetts; Shakt- man Embossing Company, Salem, Massachusetts, Shaktman Finishing Company, Salem, Massachusetts, Slattery Bros. Tanning Company, Salem, Massachusetts, Strauss Tanning Company, Peabody, Massa- chusetts, Trimont Leather Company, Peabody, Massachusetts, Twin Tanners, Inc., Peabody, Massachu- setts, Verza Tanning Company, Peabody, Massachusetts, Witch City Tanning Company, Salem, Mas- sachusetts; and Richard Young Company, Peabody, Massachusetts. ' The election among the employees of Superior Hat Leather Company has been discussed above. ADVANCE TANNING COMPANY 503 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 National Labor Relations Board Rules and Regula- tions-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 O. F. Goldsmith Leather Company, Salem, Massachusetts (Case No. 1-R-2117), the Regional Director for the First Region shall, pursuant to Article III, Sections 9 and 10, of said Rules and Regulations, within ten (10) days from the date of this Direction open and count the challenged ballots of Manuel Bettincort, Eugene Cunha, Tiago Silva, and Samuel Shaf- farel, and thereafter prepare and cause to be served upon the interested parties a Supplemental Tally of Ballots, including therein the count of said challenged ballots; and it is further DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Superior Hat Leather Company, Salem, Massachusetts (Case No. 1-R-2132), the Regional Director for the First Region shall proceed pursuant to the provisions of Article III, Section 11, of said Rules and Regulations. IT 118 HEREBY CERTIFIED that International Fur and Leather Workers Union of the United States and Canada (CIO), Local #21 (Leather Division), has been designated and selected by a majority of all pro- duction employees of each of the following Companies, excluding office and clerical employees, maintenance employees, executives, fore- men, all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, and all production em- ployees holding full-time positions not connected with the tanning or leather industry, as their representative for the purposes of collec- tive bargaining, and that, pursuant to Section 9 (a) of the Act, the said organization is the exclusive bargaining representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment : The companies Location Case No W J Budgell & Sons, Inc__ Peabody, Massachusetts______________ 1-R-2116 Greene & Nolan, Inc --------- ----------------------- Peabody, Massachusetts______________ 1-R-2118 F P Osborn, Inc---------------------------------- Peabody, Massachusetts______________ 1-R-2122 Advance Tanning Company_______________________ Peabody, Massachusetts-- --------- --- 1-R-2132 Crestbrand Leather Company_______________________ Salem, Massachusetts ---------------- 1-R-2132 Dolan Tanning Company Danvers, Massachusetts- 1-R-21d2 Eastern Tanning Company_________________________ Salem, Massachusetts________________ 1-R-2132 Essex Finishing Company__________________________ Danvers, Massachusetts______________ 1-R-2132 Foster Leather Company___________________________ Peabody, Massachusetts_____________ 1-R-2132 Gaestan Leather Company________ Peabody, Massachusetts--- --------- -- 1-R-2132 Gale Leather Company _______________________-____ Peabody, Massachusetts______________ 1-R-2132 General Refinishing Company______________________ Salem, Massachusetts ------------_____ 1-R-2132 The H D. C. Leather Company Peabody, Massachusetts______________ 1-R-2132 Hogan Tanning Company, Inc______________________ Peabody, Massachusetts______________ 1-R-2132 Ideal Finishing Company___________________________ Peabody, Massachusetts______________ 1-R-2132 Irving Leather Finishing Company____________ Peabody, Massachusetts______________ 1-R-2132 504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The companies Location Case No. J & J Leather Finishing Company - --------- ------- Peabody, Massachusetts ______________ 1-R-2132 Liberty Leather Company ------------ ------------ -- Peabody, Massachusetts ______________ 1-R-2132 Maxwell Leather Company _________________________ Peabody, Massachusetts ______________ 1-R-2132 Modern Leather Finishing Company ________________ Peabody, Massachusetts ______________ 1-R-2132 Morris Tanning Company __________ ______ Salem, Massachusetts _________________ 1-R-2132 Northern Leather Company _________________________ Salem, Massachusetts _________________ 1-R-2132 North Shore Tacking Company _____________________ Salem , Massachusetts_________________ 1-R-2132 Peabody Embossing Company______________________ Peabody, Massachusetts ______________ 1-R-2132 Pearl Embossing Company---------- ---------- ------ Salem, Massachusetts _________________ 1-R-2132 Putnam Leather Finishing Company___ Peabody, Massachusetts______________ 1-R-2132 Rex Leather Finishing Company ______ ___ Peabody, Massachusetts______________ 1-R-2132 Salwm Leather Company, Inc ---- ------------- ----- Peabody, Massachusetts______________ 1-R-2132 Silva Leather Company _ __________________- Peabody, Massachusetts ______________ 1-R-2132 Speres Tanning Company___________________________ Peabody, Massachusetts ______________ 1-R-2132 Supreme Finishing Company , Inc................... Peabody, Massachusetts______________ 1-R-2132 Tarlow Brothers Embossing Company, Inc Peabody, Massachusetts______________ 1-R-2132 S. Tarlow Company , Inc............................ Peabody, Massachusetts--- ---------- - 1-R-2132 Victory Tanning Company------------ ---------- ---- Peabody, Massachusetts ______________ 1-R-2132 Walnut Finishing Company _________________________ Salem, Massachusetts _________________ 1-R-2132 E. A. Woelfel Cox , Inc________ ________ Peabody, Massachusetts ______________ 1-R-2132 IT IS HEREBY FURTHER CERTIFIED that International Fur and Leather Workers Union of the United States and Canada (CIO), Local #21 (Leather Division) has been designated and selected by a majority of the production employees of Carr 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, Massachusetts; Gill Leather Company, Salem, Massachusetts; Hel- burn Thompson Company, Salem, Massachusetts; Hunt-Rankin Leather Company, Peabody, Massachusetts; Kirstein Leather Com- pany, Peabody, Massachusetts; Kirstein Tanning Company, Inc., Pea- body, Massachusetts; Korn Leather Company, Peabody, Massachu- setts; Leach-Heckel Leather Company, Salem, Massachusetts; Leather City Tanning Company, Peabody, Massachusetts; John McCarthy & Son, Inc., Peabody, Massachusetts; Morrill Leather Company, Pea- body, Massachusetts; Thomas A. O'Keefe Leather Company, Salem, Massachusetts; T. J. O'Shea Leather Company, Peabody, Massachu- setts; Phenny Smidt Leather Company, Peabody, Massachusetts; Nathan H. Poor Company, Peabody, Massachusetts; Prager Leather Corporation, Salem, Massachusetts; Puritan Tannery, Inc., Salem, Massachusetts; Regis Leather Company, Peabody, Massachusetts; Russell-Sim Tanning Company, Salem, Massachusetts; Salem Leather Company, Salem, Massachusetts ; Shaktman Embossing Company, Salem, Massachusetts; Shaktman Finishing Company, Salem, Massa- chusetts; 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, Massachusetts, excluding office and clerical employees, maintenance employees, executives, foremen, all ADVANCE TANNING COMPANY 505 other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, and all production em- ployees holding full-time positions not connected with the tanning or leather industry, as their representative for the purposes of col- lective bargaining, and that, pursuant to Section 9 (a) of the Act, the said organization is the exclusive ,bargaining representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment; and IT IS IIEREBY FURTHER CERTIFIED that United Leather Workers Inter- national Union, Local #21, affiliated with the American Federation of Labor, has been designated and selected by a majority of all pro- duction employees of each of the following Companies listed below, excluding office and clerical employees, maintenance employees, ex- ecutives, 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 produc- tion employees holding full-time positions not connected with the tanning or leather industry, and that, pursuant to Section 9 (a) of the Act, the said organization is the exclusive bargaining represent- ative of all,such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment : The companies Location Case No. Spring Leather Company, Inc__________ Peabody, Massachusetts___________ 1-R-2124 F. P. Meade Company_________________ Peabody, Massachusetts___________ 1-R-2125 MR. GERARD D. REILLY took no part in the consideration of the above Supplemental Decision, Direction, and Certification of Representa- tives: