Donnell & Mudge, Inc.

National Labor Relations Board - Board Decisions

Jan 22, 1946

65 N.L.R.B. 567 (N.L.R.B. 1946)

In' the Matter of DONNELL & MUDGE, INC. and UNITED LEATHER
WORKERS ' INTERNATIONAL UNION, LOCAL No. 21, AFL
Case No. 1-R 2671.-Decided January 22, 1946
Mr. Robert W. Reardon, of Salem, Mass., for the Company.
Messrs. William F. Regan and Harold V. Hayden, of Peabody,
Mass., for the A. F. L.
Mr. Harold B. Roitinan, of Boston, Mass., for the C. I. O.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Leather Workers' Interna-
tional Union, Local No. 21 (AFL), herein called the A. F. L., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Donnell & Mudge, Inc., Salem, Massachusetts,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before John W.
Coddaire, Jr., Trial Examiner. Said hearing was held at Salem,
Massachusetts, on October 10, 1945. At the commencement of the hear-
ing the Trial Examiner granted a motion of International Fur and
Leather Workers Union of the United States and Canada (CIO),
hereinafter called the C. 1. 0., to intervene. The Company, the A. F. L.
and the C. I. O. appeared and participated. All parties 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 opportunty to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Donnell & Mudge, Inc., is a Massachusetts corporation with its office
and place of business at Salem, Massachusetts, where it is engaged in
65 N. L R B, No 95.
567
568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the business of tanning leather and in the brokerage of leather. In its
operations the Company uses skins as its principal raw material. For
the 6 months' period preceding September 20, 1945, the Company pur-
chased for its own account skins valued at $39;520, all of which came
from points outside the Commonwealth of Massachusetts. Approxi-
mately 90 percent of these skins, when tanned and finished, were
shipped by the Company to points outside the Commonwealth of Mas-
sachusetts. During the same'period the Company tanned and finished
2481 dozen skins which were shipped to it on contract from points out-
side the Commonwealth of Massachusetts. After tanning and finish-
ing these skins the Company shipped all of them to points inside the
Commonwealth of Massachusetts.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Leather Workers' International Union, Local 'No. 21, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
International Fur and Leather Workers Union of the United States
and Canada, is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the A. F. L. as
the exclusive bargaining representative of the employees named in
the petition until the A. F. L. has been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the A. F. L. represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (,7) of the Act.
]V. TIIE APPROPRIATE UNIT
The A. F. L. seeks a unit composed of all production employees
except for office workers , clerical employees , salaried employees, exec-
utives , and foremen . The C. I. O. seeks the inclusion of the Company's
I'the Field Examiner reported that the A. F L. submitted 17 application cards, bearing
the names of 16 employees listed on the Company's pay roll of September 14, 1945, and the
C I 0 submitted 5 application cards, bearing the names of 3 employees listed on the
Company's pay roll of September 14, 1945 There are approximately thirty (30) em-
ployees in the appropriate unit
DONNELL & MUDOE, INC. 569
single maintenance employee but otherwise agrees with the unit sought
by the A. F. L. The Company is agreeable to any unit found by the
Board to be appropriate.
Maintenance employees have been excluded generally from units of
production employees in the tanning industry in the Peabody-Salem,
Massachusetts, area,2 and the record discloses that they are not included -
in contracts negotiated by the A. F. L. or the C. I. O. with companies
in this area. We shall exclude the maintenance employee in question
from the unit.
We find that all production employees of the Company, excluding
office and clerical employees, maintenance employees, salaried em-
ployees, executives, foremen, and 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, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
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 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 Donnell & Mudge,
Inc., Salem, Massachusetts, an election by secret ballot shall be con-
ducted 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 unit 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
2 See Matter of Advance Tanning Company, et al., 60 N. L. R. B. 923.
570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 election,
to determine whether they desire to be represented by United Leather
Workers 'International Union, Local No. 21, A. F. L., or by Interna-
tional Fur and Leather Workers Union of the United States and
Canada, C. I. 0., for the purposes of collective bargaining, or by
neither.8 -
$A Supplemental Decision and Order , dated April 16, 1946, reads , in part, as follows:
On January 22, 1946, the National Labor Relations Board, herein called the Board,
issued a Decision and Direction of Election in the above -entitled proceedings . Pursuant
thereto an election by secret ballot was conducted on February 20, 1946 , under the direction
and supervision of the Regional Director for the First Region ( Boston, Massachusetts).
Upon the conclusion of the election , a Tally of Ballots was furnished the parties in accord-
ance with the Rules and Regulations of the Board . No objections have been filed by any
of the parties within the time provided therefor.
As to the balloting and its results , the Regional Director reported as follows
Total on eligibility list------------------------------------------------- 29
Total valid votes cast-------------- ------------------------------------ 24
Votes cast for United Leather Workers International Union, Local No. 21,
A F. L------------------------------------------------------------- 4
Votes cast for International Fur and Leather Workers Union of the United
States and Canada, C. I. 0------------------------------------------- 8
Votes cast for neither------------ -------------------------------------- 12
Challenged ballots----------------------------------------------------- 2
Valid votes counted plus challenged ballots------------------------------- 26
Since the counting of the challenged ballots would affect the results of the election, the
Regional Director , acting pursuant to Article III, Section 10, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, issued and duly served upon the
parties his Report on Challenged Ballots. No exceptions to the Report on Challenged
Ballots have been filed by any of the parties within the time provided therefor. The
Regional Director recommended that the challenges be sustained . We concur in the
recommendation and hereby sustain the challenges . It is evident that the results of the
aforesaid election are inconclusive , and that it will be necessary to conduct a run-off
election in order to resolve the question concerning representation . On February 28,
1946, the C. I. 0. requested a run-off election . We shall, accordingly, remand the case
to the Regional Director for further appropriate action.