C. S. Harriman & Sons

National Labor Relations Board - Board Decisions

Nov 30, 1945

64 N.L.R.B. 1188 (N.L.R.B. 1945)

In the Matter of C. S. HARRIMAN & SONS and UNITED Ll e\"rlil. R WORK-
ERS INTERNATIONAL UNION, LOCAL #122, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
In the Matter of CALEB S. HARRLMAN , DOING BUSINESS Au C. S. HARRI-
MAN & SONS and INTERNATIONAL FUR AND LEATHER W ORKERS UNION
OF UNITED STATES AND CANADA, C. I. 0., LOCAL 22
Cases Nos. 1-R-. J19 and 1-C-532, respectively
SECOND SUPPLEMENTAL DECI,SION
ORDER
AND
SECOND DIRECTION OF ELECTION
November 30,19 ,1j -5
On March 21, 1945, pursuant to a Decision and Direction of Elections
issued by the Board on February 27, 1945, in Case No. 1-R-2119: an
election by secret ballot was conducted among certain employees of the
Company. The results of the election were inconclusive and the Tally
of Ballots disclosed 10 challenged ballots which might affect the results
of the balloting. On March 23, 1945, the C. I. O. filed a Protest on
Election and Request for a New Election, stating that certain super-
visory employees had told other employees to vote for the A. F. L. and
that the Company had discriminated in favor of A. F. L. adherents in
order to influence the outcome of the election. On April 3, 1945, the
C. 1. O. filed charges with the Board in Case No 1-C-2532, based, in
substance, upon the same matters set forth in its objections to the elec-
tion, and alleging that the Company had committed unfair labor prac-
tices within the ineaning of Section 8 (1) of the Act.
On May 4, 1945, the Board issued its Supplemental Decision, Direc-
tion and Order, in Case No. 1-R-2119,2 directing that seven of the
challenged ballots be opened and counted and that the challenges to
the remaining three be sustained. In its Supplemental Decision,
Direction and Order, the Board reserved ruling with respect to the
C. I. O.'s objections.
' 60 N L R B 919
=01 N I. R B 922
64 N L R B, No. 200.
1188
C. S. HARRIMAN & SONS 1189
On May 11, 1945, the Regional Director issued a revised Tally of
Ballots, copies of which were duly served upon the parties , and which
disclosed the following results:
Approximate number of eligible voters---_ ---------- 0.5
Valid votes counted----------------------------------------- 64
Votes cast for United Leather Workers International Union,
Local #122, A. F. L -------------------------------------- 33
Votes cast for international Fur and Leather Workers Union
of the United States and Canada, Local No. 22, (Leather
Division) C. I. 0 ---------------------------------------- 30
Votes cast against participating unions---------------------- 1
Void hallots------------------------------------------------ 1
On May 23, 1945, the Board ordered a ]tearing in Case No. 1-R-
2119 for the purpose of adducing evidence with respect to the alleg-
edly unproper activities of William L. Burbine and John R. Fleming,
and consolidated this case with Case No. 1-C-2532. On June 8, 1945,
the Board. by its Regional Director, issued a complaint against the
Company in Case No. 1-C-2532. based upon the charge made by the
C. 10. Pursuant to notice, a hearing, both on the objections and oil
the complaint, was held oil July 2, 9, 10, and 11, 1945, at Boston,
Massachusetts. before William F. Sharnikow, the Trial Examiner
duly designated by the Chief Trial Examiner. The Board, the Com-
liany, the C. I. O., and the A. F. L. appeared and participated. On
August 25. 1945, the Trial Examiner issued his Intermediate Report,
copies of which were duly served upon the parties on September 1,
1945. No exceptions were filed by any of the parties to the Interme-
diate Report within the time provided therefor.
In his Intermediate Report the Trial Examiner found, inter alia,
that William L Biirbnie and John R. Fleming are supervisory em-
ployees and that b}, their acts and utterances in threatening C. I. O.
adherents with discharge because of their union activities the re-
spondent had interfered with. restrained, and coerced the employees
in the exercise of the rights guaranteed in Section 7 of the Act in
violation of Section 8 (1) thereof. On the basis of the above findings,
the Trial Exannner recommended that the Company be ordered to
cease and desist from the commission of such unfair labor practices
and to take certain affirmative action, and that the C. I. O.'s objec-
tions in Case No. 1-R-2119, be sustained and the election set aside.
With respect to case No. 1-C-2532, the Company has fully complied
with the Trial Examiner's recommendations. Accordingly, we shall
order that the two cases be severed.
With respect to Case No. 1-11-2119, we adopt the findings of the
Trial Examiner and concur in his recommendations. Accordingly,
we sustain the objections filed by the C. I. O. to the conduct of the
1190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
election held on March 21, 1945 , and we shall set the election aside
and direct a new one.
ORDER AND SECOND 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 Re-
lations Act, and pursuant to Article II, Section 36 (d), and Article
III, Sections 9, 10 and 13 (c) 4 of the National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
ORDERED that Case No. 1-8-2119 and Case No. 1-C-2532 be, and
they hereby are, severed ; and
IT Is FURTHER ORDERED that the election held on March 21, 1945, in
Case No. 1-R-2119, and the results thereof, be, and the same hereby
are, vacated and set aside; and it is hereby
DIRECTED that, as part of the investigation to ascertain represen-
tatives for the purposes of collective bargaining with C. S. Harriman
& Sons, North Wilmington, Massachusetts (Case No. 1-R-2119), a
second election by secret ballot shall be conducted as early as possible,
but not later than sixty (60) days from the date of this Second
Direction of Election, 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 em-
ployees in the unit heretofore found appropriate in Section IV of
our Decision and Direction of Elections, issued on February 27, 1945,
who were employed during the pay-roll period immediately preceding
the date of this Second Direction of Election, including employees
who did not work during 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 themselves in
person at the polls. but excluding any who have since quit or been
discharged for cause and have not been rehired or reinstated prior
to the date of the Second Election, to determine whether they desire
to be represented by United Leather Workers International Union,
Local #122, affiliated with the American Federation of Labor, or by
International Fur and Leather Workers Union, Local No. 22, affil-
iated with the-Congress of Industrial Organizations, for the purposes
of collective bargaining, or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the
above Second Supplemental Decision, Order, and Second Direction
of Election.