Eberle Tanning Co.

National Labor Relations Board - Board Decisions

Dec 12, 1941

37 N.L.R.B. 530 (N.L.R.B. 1941)

In the Matter of EBERLE TANNING COMPANY and INTERNATIONAL FUR'
LEATHER WORKERS UNION OF U. S. AND CANADA, LOCAL 209,.
AFIILIATED WITH THE C. I. O.
Case R-32.449.-Decided December 12, 1947
Jurisdiction : tanning and sole leather manufacturing industries.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize petitioner as exclusive representative of employees; election
necessary.
Unit Appropriate, for Collective Bargaining : all production and maintenance
employees and watchmen in both tanning and cut-sole departments, excluding
executives, foremen and other supervisory employees, clerical and office
employees.
Mr. John TV. Morgan, of Lynn, Mass., and Mr. *Joseph Eberle, Jr.,
and Mr. Louis P. Caffo, both of Westfield, Pa., for the Company.
Mr. John H. Russell, of Elkland, Pa., Mr. George O. Pershing, of
New York City, and Mr. Harry Millstone, of Williamsport. 'Pa., for
the International.
Mr. Milton A. Kallis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 26, 1941, International Fur & Leather Workers
Union of U. S. and Canada`, Local" 209, affiliated with the C. I. 0.,
hereinafter called the International, filed with the Regional Director
for the Fourth Region (Philadelphia, Pennsylvania), a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Eberle Tanning Company, WWrestfie[d,
Pennsylvania, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On October 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 Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an
37 N. L R B., No. 86
530
EBERLE TANNING COMPANY 531
investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice. -
On October 30, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
International, the United Leather Workers International Union,
A. F. of L., a labor organization claiming to represent 'employees
directly affected by the investigation. Pursuant to notice, a hearing
was held on November 5, 1941, at Westfield, Pennsylvania, before
Robert H. Kleeb, the Trial Examiner duly designated by the Chief
Trial Examiner. At the hearing the Company and the International
appeared and were represented by counsel and participated in the
hearing.' Full opportunity to be heard, to'examine and cross-exam-
ine witnesses, and to introduce evidence bearing on the issues was
afforded all parties. The International made a motion to amend its
petition relative to the appropriate unit. The Trial Examiner
granted this motion. During the course of the hearing the Trial
Examiner made several rulings on other motions and on objections
to the admission of evidence. 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
I. THE BUSINESS OF THE COMPANY
Eberle Tanning Company is a Pennsylvania corporation with its
office and plant in Westfield, Pennsylvania. It is engaged in the
converting of hides into leather and the cutting of the leather into
strips, taps, and heels and the sale of these products. During 1940
the Company used approximately $2,250,000 worth of hides, 95 per
cent of which was purchased outside the State of'Pennsylvania, and
it also used approximately $370,000 worth of tanning material, all
of which was purchased outside the State of Pennsylvania. Eighty-
five per cent of its products are shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the Act. '
II. THE ORGANIZATION INVOLVED
International Fur & Leather Workers Union of U. S . and Can-
ada, Local 209, is a labor union affiliated with the Congress of, In-
'The United Leather Workers International Union; A F of L. did not appear By
letter to the Regional Director and by telegram to the Trial Examiner before the hearing
it stated that it was withdrawing entirely from the proceeding and requested that its name
be omitted from all election LLllots
532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dustrial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 2, 1941, the International claimed to represent a
majority of the Company's employees for the purpose of collective
bargaining. The Company refused to recognize and bargain col-
lectively with the International.
A statement of the Regional Director introduced in evidence at
the hearing shows that the International represents a substantial
number of employees in the alleged 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 rela-
tion 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 International petitioned for a unit consisting of all production
and maintenance employees and watchmen, including the tanning and
cut-sole departments, and excluding executives, foremen, and other sup-
ervisory employees, clerical and office employees. The Company con-
tends that all of the above-mentioned employees in the tanning depart-
ment, constitute one appropriate unit and all of the employees of the
cut-sole department constitute another appropriate unit, excluding
from each unit those employees whose exclusion is requested by the
International's amended petition.
Each department has its own foreman, but one superintendent is in
charge of both departments and one office force and one set of corporate
officers function with respect to both. All employees are paid on an
hourly basis. Interchange and loaning of employees by one depart-
ment to the other is a common practice. All employees of the,Com-
2 A statement of the Regional Diiector shows that on October 11. 1941, the Company
had 407 employees' The petitioner exhibited 254 application cards, all signatures thereon
appearing genuine Two hundied twenty-eight of the signers were on the pay loll of
October 11, 1941, 82 application cards were dated between Januaiy and May 1941,
inclusive, 163 were dated June to September 1941, inclusive , and 9 were undated
EBERLE TANNING COMPANY 533
pany included in the unit claimed in the amended petition to be appro-
priate are eligible for membership in the International.
We find that all production and maintenance employees and watch-
men at the Company's plant, including the tanning and cut-sole de-
partments, excluding executives, foremen, and other supervisory em-
ployees, clerical and office employees, constitute a unit appropriate for
the purposes, of collective bargaining. We further find that such unit
will insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise will
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret bal-
lot. We shall direct that all 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, shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
Iecord 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 Eberle Tanning Company, Westfield, Penn-
sylvania, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees and watchmen, at the
Company's plant, including the tanning and the cut-sole departments;
and excluding executives, foremen, and other supervisory employees,
clerical and office employees, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the National Labor Relations 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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining with
Eberle Tanning Company, Westfield, Pennsylvania, 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
433257-42-vbn. 37-35
534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and supervision of the Regional Director for the Fourth Region, act-
ing 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 and watchmen at
the Company's plant, including the tanning and the cut-sole depart-
ments, who were employed during the pay-roll period immediately
preceding the date of this Direction, 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 executives, foremen, and other
supervisory employees, clerical and office employees, and employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by International Fur & Leather
Workers Union of U. S. and Canada, Local 209, affiliated with the
C. I. 0., for the purposes of collective bargaining.