E. H. Ferree Co.

National Labor Relations Board - Board Decisions

Apr 22, 1948

77 N.L.R.B. 283 (N.L.R.B. 1948)

In the Matter of E. H. FERREE COMPANY, EMPLOYER and FERREE
EMPLOYEES' INDEPENDENT UNION, PETITIONER
Case No. 3-RC-2.-Decided April N2, 1948
Mr. Frederic R. Twelvetrees, of Buffalo, N. Y., for the Employer.
Mr. J. Carl Fogle, of Lockport, N. Y., for the Petitioner.
Mr. David Diamond, of Buffalo, N. Y., for the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, hearing in this case was held
at Lockport, New York, on January 21, 1948, before V. Lee McMahon,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board 1 makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF TIIE EMPLOYER
E. H. Ferree Company,2 a New York corporation, is engaged in the
manufacture of men's and women's billfolds, key cases, and other
small leather goods at its plant in Lockport, New York. The Em-
ployer annually purchases raw materials valued in excess of $150 ,000,
approximately 30 percent of which represents shipments from outside
the State of New York. The Employer annually sells finished
products valued at more than $335,000, of which approximately 50
percent represents shipments to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
1 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three -man panel consisting
of the undersigned Board Members [ Houston , Murdock , and Gray].
2 The name of the Employer appears as amended at the hearing.
77 N. L. R. B., No 38.
283
284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
The Petitioner is an unaffiliated labor organization 3 claiming to
represent employees of the Employer.
United Automobile, Aircraft and Agricultural Implement Workers
of America, Local 686, herein called the Intervenor, is a labor organi-
zation afiliated with the Congress of Industrial Organizations, claim-
ing to represent employees of the Employer.
III. TILE QUESTION CONCERNING REPRESENTATION
Since 1942, when it won a consent election, the Intervenor has been
the contractual bargaining representative of the employees here in-
volved. The last contract provided for an initial 16-month period
ending November 1, 1947,-and for its renewal annually thereafter in
the absence of 30 days' notice in writing of a desire to amend or termi-
nate; and in the event that timely notice was given during 1947 and
the parties failed to reach agreement within 30 days after November
1, 1947, the contract would then terminate. On August 10, 1947, the
Petitioner requested recognition as the exclusive bargaining agent
of these employees. The Employer refused because of its contract
with the Intervenor. Thereafter, on August 29, 1947, the Employer
gave notice of its desire to terminate the contract in accordance with
its terms, and, as already noted, the Employer and the Intervenor did
not enter into any further agreement. On September 5, 1947, the
Petitioner filed its petition herein.
The 1946 contract was not urged as a bar at the hearing, and it is
clear that the contract has been effectively terminated. Consequently,
it cannot prevent an election at this time.
We find, therefore, that a question affecting commerce exists con-
cerning the representation of employees of the Employer, within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IT. THE APPROPRIATE UNIT
We find, in agreement with the parties, that all employees of the
Employer excluding office and clerical personnel, shipping clerks,
guards, professional employees, executives, and all or any other super-
visors, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
3 At the hearing , the Intervenor moved that the petition be dismissed on the ground that
the Petitioner is not a labor organization within the meaning of the Act. The record
discloses that the Petitioner has a constitution and bylaws which, contrary to the Inter-
venor ' s contention , were adopted at a regular membership meeting The record shows
further that the Petitioner is organized in part , at least , to represent the employees of the
Employer in matters which are customarily the subject of collective bargaining We
therefore find that the Petitioner is a labor organization within the meaning of Section 2
(5) of the Act. Accordingly , the motion to dismiss is denied
E. H. FERREE COMPANY
V. TIIE DETERMINATION OF REPRESENTATIVES
285
We shall direct that the question concerning representation which
exists be resolved by an election by secret ballot, subject to the limita-
tions and additions set forth in the Direction.
The recently expired contract between the Employer and the
Intervenor provided that laid-off employees should retain their sen-
iority for 2 years and that they should also have preferred status in
case,of rehiring during that period. The parties apparently agree
that such employees are temporarily laid off and should be permitted
to vote. Under these circumstances, we shall adopt the agreement
of the parties and permit individuals in this category to vote in the
election hereinafter directed, with the proviso that those among them
who have refused an offer of reemployment by the Employer, or who
have obtained permanent employment elsewhere, shall not be entitled
to vote.
DIRECTION OF ELECTION 4
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with E. H. Ferree Company, Lock-
port, New York, an election 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 Di-
rector for the Third Region, and subject to Sections 203.61 and 203.62,
of National Labor Relations Board Rules and Regulations-Series
5, and to our determination in Section V, above, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 temporarily
laid off, 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 election and also excluding employees on strike who
are not entitled to reinstatement, to determine whether they desire
to be represented by Ferree Employees' Independent Union or by
United Automobile, Aircraft and Agricultural Implement Workers
of America, Local 686, C. I. 0., for the purposes of collective bargain-
ing, or by neither.
Any participant in the election directed herein may, upon its prompt request to, and
approval thereof by , the Regional Director, have its name removed from the ballot.