Armour Leather Co.

National Labor Relations Board - Board Decisions

Sep 5, 1941

35 N.L.R.B. 208 (N.L.R.B. 1941)

In the Matter of ARMOUR AND COMPANY OF DELAWARE, OPERATING
UNDER THE TRADE NAME OF ARMOUR LEATHER COMPANY and LOCAL
220, INTERNATIONAL FUR & LEATHER WORKERS UNION, AFFILIATED
WITH THE C. I. O.
Case No. R-2865.-Decided September 5, 1941
Jurisdiction : tanning industry.
Investigation and Certification of Representatives : existence of question:
inability of union to prove authority except by Board's assistance ; election
necessary.
Unit Appropriate for Collective Bargaining : all maintenance and production
employees at the tannery , excluding supervisory and clerical employees; no
controversy as to.
Mr. Paul E. Blanchard, of Chicago, Ill., for the Company.
Mr. Harry Millstone, of Williamsport, Pa., Mr. Oscar Oberther,
of Ridgway, Pa., and Mr. Lyle LaVerne Swanson, of Dagus Mines,
Pa., for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 20, 1941, Local 220, International Fur & Leather Workers
Union, affiliated with the C. I. 0., herein called the Union, filed with
the Regional Director for the Sixth Region (Pittsburgh, Pennsyl-
vania ) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Armour and
Company of Delaware, operating under the trade name of Armour
Leather Company,' St. Mary's, Pennsylvania, herein called the Com-
pany, and requesting an investigation and certification of represent-
atives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On July 28, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant
to Section 9 (c) of the Act and Article III, Section 3, of National
' The Company 's name on the petition and other formal papers appears erroneously as
Armour Leather Company. Such papers were amended by stipulation at the hearing.
35 N. L. R. B., No. 45.
208
ARMOUR AND COMPANY OF DELAWARE 209
Labor Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On August 4, 1941, the Acting Regional Director issued a notice
of hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on August 11,
1941, at Ridgway, Pennsylvania, before Harry Brownstein, the Trial
Examiner duly designated by the Chief Trial Examiner. The Conl-
pany was represented by, counsel, the Union by representatives, and
all participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing upon the issues was afforded both parties. During the course of
the hearing the Trial Examiner ruled on the admissibility of evidence.
No motions were made. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armour and Company of Delaware, operating under the trade name
of Armour Leather Company, is engaged in the production of leather,
cattle hair, and fleshings at a tannery 'at St. Mary's, Pennsylvania:
The principal raw materials used in the production process at the tan-
nery consists of hides, tanning material, tanning' supplies, and coal.
During 1940 the Company purchased, for use at the tannery, raw
materials valued in excess of $925,000, about 93 per cent of which were
shipped from points outside Pennsylvania. During the same period
the Company finished at the tannery, products valued in excess of
$1,186,000 and weighing about 5,940,000 tons. Of these products about
41 per cent in tonnage volume were sold and shipped from the tannery
to points outside Pennsylvania. The Company admits that it is
engaged in commerce at the tannery within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Local 220, International Fur & Leather Workers Union, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 10, 1941, the Union, claiming to represent a majority of
production and maintenance employees at the tannery, requested the
210 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD
Company's consent to an election to prove its claim. On June 19, 1941,
the Company refused its consent to an election and suggested that the
Union file a petition for investigation with the Board. The Union
thereafter filed the petition in this proceeding.
A statement prepared by the Regional Director and introduced into
evidence at the hearing discloses that the Union represents a substanM
tial number of employees in the appropriate unit.'
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and tends to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.
V. THE APPROPRIATE UNIT
The Union contends that all production and maintenance employees
at the Company's tannery, excluding clerical and supervisory em-
ployees, constitute an appropriate unit. At the hearing the Company
expressed no opinion with respect to the proposed unit or any other
unit.
We find that all production and maintenance employees of the Com-
pany at its St. Mary's, Pennsylvania, tannery, excluding clerical and
supervisory employees, constitute a unit appropriate for the purposes
of collective bargaining. We further find that said unit will insure to
employees of the Company the full benefit of their right to self-organi-
zation and to collective bargaining and otherwise effectuate the policies
of the Act. ,
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation can best be re-
solved by, and we shall accordingly direct, an election by secret ballot.
The Union desires that eligibility for voting in the election be fixed
in accordance with the tannery pay roll dated August 9, 1941, which
was introduced in evidence. The Company did not object to the use
of such pay roll to determine voting status in the election. Accord-
ingly, those eligible to vote in the election shall be employees in the
2 The Union submitted to the Regional Director 91 applications for membership, 85
of which bear names of employees on the tannery pay roll of June 28, 1941. There
are about 101 employees in the unit hereinafter found appropriate.
ARMOUR AND COMPANY OF DELAWARE 211
appropriate unit who were employed during the pay-roll period ending
August 9, 1941, subject to such limitations and additions as are herein-
after set forth in the Direction of Election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Armour and Company of Delaware, operat-
ing under the trade name of Armour Leather Company, at its St.
Mary's, Pennsylvania, tannery, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act. 1
2. All production and maintenance employees of Armour and Com-
pany of Delaware, operating under the trade name of Armour Leather
Company, at its St. Mary's, Pennsylvania, tannery, excluding clerical
and supervisory employees, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the Act.
DIRECTION OF ELECTION
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Armour and Company of Delaware, operating under the trade
name of Armour Leather Company, St. Mary's, Pennsylvania, an elec-
tion by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the date of this Direction of Election,
under the direction and supervision of the Regional Director for the
Sixth Region, acting in this matter as agent for the National Labor
Relations Board and subject to Article III, Section 9, of said Rules
and Regulations, among all production and maintenance employees of
the Company at its St. Mary's, Pennsylvania, tannery, who were em-
ployed during the pay-roll period ending August 9, 1941, including
employees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding clerical and
supervisory employees and employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by Local 220, International Fur & Leather Workers Union,
affiliated with the C. 1. 0., for the purposes of collective bargaining.
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