Beggs & Cobb, Inc.

National Labor Relations Board - Board Decisions

Feb 27, 1945

60 N.L.R.B. 915 (N.L.R.B. 1945)

In the Matter of BEGGS & COBB , INC. and INTERNATIONAL FUR AND
LEATHER WORKERS UNION OF THE UNITED STATES AND CANADA,
LEATHER WORKERS DIVISION (CIO)
In the Matter of BEGGS & COBB , INC. AND JOHN J. RILEY Co. and UNITED
LEATHER WORKERS INTERNATIONAL UNION7 A. F. L., LOCAL 122
Cases Nos. 1-R-2140 and 1-R-2149, respectively.-Decided February
27, 1945
Mr. Robert E. Greene, for the Board.
Mr. Herbert H. Peters, of Peabody, Mass., for the Independents.
Messrs. Ropes, Gray, Best, Coolidge c' Rugg, by Mr. William F.
Sullivan, of Boston, Mass ., for the Association.
Messrs. Grant and Ango ff, by Mr. Sidney S. Grant, of Boston , Mass.,
for the C. I. O.
Messrs. Thomas J. Mullaney and John H. Landenberger, both of
Philadelphia, Pa., and Mr. William J. Regan, of Peabody, Mass., for
the A. F. L.
Mr. David V. Easton, of counsel to the Board.
DECISION
'AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by International Fur and Leather Work-
ers Union of the United States and Canada, Leather Workers Division
(CIO), herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Beggs & Cobb, Inc., Winchester, Massachusetts, herein called Beggs,
and upon a petition duly filed by United Leather Workers Interna-
tional Union, A. F. L., Local 122, herein called the A. F. L. alleging
that questions affecting commerce had arisen concerning the represen-
tation of employees of Beggs and employees of John J. Riley Co., Wo-
burn, Massachusetts, herein called Riley, the National Labor Relations
Board consolidated the above cases by an order dated November 22,
1944, and provided for an appropriate consolidated hearing upon due
notice before Samuel H. Jaffee, Trial Examiner. Said hearing was
held at Salem, Massachusetts, on December 5, 1944. Beggs, Riley, the
60 N. L. R. B, No. 158.
915
916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
C. I. 0., and the A. F. L. appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues) 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 this consolidated proceeding, the Board
makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Beggs & Cobb, Inc., tanners, annually purchases raw materials for
use at its Winchester, Massachusetts, plant valued in excess of $1,000,-
000, of which more than 80 percent is received from points outside the
Commonwealth of Massachusetts. Its sales of finished products ex-
ceed $1,000,000 in value, of which approximately 85 percent repre-
sents the value of sales to points outside the Commonwealth of
Massachusetts.
John J. Riley CO., tanners, purchases annually raw materials ex-
ceeding $100,000 in value, of which approximately 25 percent is re-
ceived from points outside the Commonwealth of Massachusetts. Its
sales of finished products exceed $100,000 in value, of which approxi-
mately 80 percent is shipped to points outside the Commonwealth of
Massachusetts.
Beggs and Riley each admits that it is engaged in commerce within
the meaning of the National Labor, Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Fur and Leather Workers Union of the United States
and Canada, Leather Workers Division, is a labor organization af-
filiated with the Congress of Industrial Organizations, admitting to
membership employees of Beggs and Riley.
United Leather Workers International Union, Local 122, is' a labor
organization affiliated with the American Federation. of Labor, ad-
mitting to membership employees of Beggs and Riley.
III. THE QUESTIONS CONCERNING REPRESENTATION
Beggs and Riley refuse to bargain collectively with any labor or-
ganization until it has been certified by the Board.
1 Massachusetts Leather Manufacturers Association, herein called the Association, and
various other eniployers, herein called the Independents , involved in Matter of Advance
Tanning Company , et al., 60 N. L . it. B. 923, although appearing by counsel at this con-
solidated hearing, did not actively participate therein.
BEGGS & COBB, INC. 917
Statements of a Field Examiner for the Board, introduced into
evidence at the hearing, indicate that the A. F. L. represents a sub-
stantial number of employees in each of the units hereinafter found
appropriate.'
We find that questions affecting commerce have arisen concerning
the representation of employees of both Beggs and Riley within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Substantially in accordance with the agreement of the parties, we
find that the following groups of employees constitute appropriate
units within the meaning of Section 9, (b) of the Act:
1. All- production employees of Beggs, excluding executives, office
and clerical employees, engineers and firemen, maintenance employees,
and all 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;
2. All production employees of Riley, excluding executives, office
and clerical employees, engineers and fireman, maintenance employees,
and all 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.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by 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 of Elec-
tions herein, subject to the limitations and additions set forth in the
-Direction.
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 Relations
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 Beggs & Cobb, -
'The Field Examiner reported that the A F. L. submitted 277 designations allegedly
signed by employees of Beggs, and 61 designations allegedly signed by employees of Riley.
His report indicates that there are approximately 350 employees employed by Beggs, and
that there are approximately 75 employed by Riley.
The interest of the C. I. 0 in this consolidated proceeding is established by its collective
bargaining agreements with Beggs and Riley
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Inc., Winchester, Massachusetts, and John J. Riley Co., Woburn,
Massachusetts, 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, acting in this matter as agent for the National
Labor Relations Board, and subject to Article 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 the said pay-roll period because
they were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present them-
selves 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 International Fur and Leather Workers
Union of the United States and Canada, Leather Workers Division,
affiliated with the Congress of Industrial Organizations, or by United
Leather Workers International Union, Local 122, affiliated with the
American Federation of Labor, for the purposes of collective bargain-
ing, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections.