Elkland Leather Co., Inc

National Labor Relations Board - Board Decisions

Sep 19, 1941

35 N.L.R.B. 568 (N.L.R.B. 1941)

In the Matter of ELKLAND LEATHER COMPANY, INC. and UNITED
LEATHER WORKERS' INTERNATIONAL UNION, AFFILIATED WITH, THE
AMERICAN FEDERATION OF LABOR
Case No. R-2363
SUPPLEMENTAL DECISION
AND
DIRECTION
STATEMENT OF THE CASE
September 19, 1941
On April 7, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election 1 in
the above-entitled proceeding. Pursuant to the Direction of Elec-
tion, an, election by secret ballot was conducted on April 28,' 1941,
under the direction and supervision of the Regional Director for the
Fourth Region (Philadelphia, Pennsylvania). On May 22, 1941, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations- Series 2, as
amended, issued his Election Report, copies of which were duly served
upon the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list------------------------------------ 813
Total ballots cast----------------------------------------- 794
Total valid ballots cast----------------------------------- 773
Total ballots challenged----------------------------------- 20
Total blank ballots--------------------------------------- 1
Ballots cast for International Fur & Leather Workers' Union,
Local 37, C. I. 0---------------------------------------- 382
130 N. L. R. B 968. In its Decision the Board found that the following employees
constitute the appropriate unit : all maintenance and production employees of the Company
paid on an hourly or piece-work basis, excluding clerical and office employees , foremen,
assistant foremen, and supervisors. The Board directed that in addition to employees in
the appropriate unit who were on the Company's pay roll for March 1, 1941, employees
who were on a preferential list for rehiring and those in. the military service of the
United States be eligible to vote. The Regional Director mailed ballots to two employees
of the Company in military service and five employees on the list for preferential
reinstatement.
35 N. L. R. B., No. 126.
568
ELLKLAND LEATHER COMPANY, INIC. 569
Ballots cast for United Leather Workers International Union,
A. F. of L---------------------------------------------- 388
Ballots cast for neither----------------------------------- 3
In his Election Report the Regional Director recommended that
8 of the challenged ballots be counted and that the remaining 12
challenged ballots be not counted.
On May 28, 1941, Elkland Leather Company, Inc., herein called the
Company, and United Leather Workers' International Union, affili-
ated with the American Federation of Labor, herein called the United,
and on June 7, 1941, International Fur & Leather Workers' Union,
Local No. 37, affiliated with the Congress of Industrial Organizations,
herein called the Fur Workers, filed with the Regional Director, Ob-
jections to the Election Report. On June 30, 1941, the Regional
Director issued-his Report on Objections.2
On June 30, 1941, the Fur Workers filed with the Board a Motion
for Permission to File Supplementary Objections to Election Report
and Objections to the Report on Objections," which was granted by
the Board on July 10, 1941.4 On July 19, 1941, the Regional Direc-
tor issued his Supplementary Report on Objections, in which he denied
the Fur Workers' request that mailed ballots, which were returned
after the prescribed time limit, be counted and that two employees,
who received mailed ballots on or after the date prescribed for the
return of the ballots, be given a further opportunity to vote.
By order dated July 25, 1941, the Board, acting pursuant to Article
III, Section 9, of said Rules and Regulations, having found that the
Objections raised substantial and material issues with respect to the
conduct of the ballot, ordered that a hearing be held on the Objections
and directed the Regional Director to issue a notice of hearing. On
July 30, 1941, the Regional Director issued a notice of hearing, copies
of which were duly served upon the Company, the United, and the
Fur Workers.
Pursuant to 'notice, a hearing was held on August 11, 1941, at
Corning, New York, before Samuel A. Jaffee, the Trial Examiner-
duly designated by the Chief Trial Examiner. The Board, the
Company, the United, and the Fur Workers were represented by coun-
sel and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing the Trial Examiner made rulings on motions and on objec-
tions to the admission of evidence. The Board has reviewed the rul-
2 The facts concerning ballots mailed to employees in military service and on the
preferential list, hereinafter more fully discussed , were set forth by the Regional Director
in detail for the first time in his Report on Objections.
3 The document was captioned "Motion for Permission to file Supplementary Objections
to Election Report and Objections to Election Report."
' The supplementary objections were embodied in the motion.
570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ings of the Trial Examiner and finds that no prejudicial errors
were committed . The rulings are hereby affirmed.
Upon the record so made, the Election Report, the Objections, the
Report on Objections , the Supplementary Objections , the Supple-
mentary Report on Objections , and the record previously made, the
Board, acting pursuant to Article III, Sections ,8 and 9, of said Rules
and Regulations , hereby makes the following :
SUPPLEMENTAL FINDINGS OF FACT
William F. Cosier is a weighmaster in the outside department.
He weighs railroad cars as they come into and leave the plant, keeping
a record thereof ; he also directs the train crews in placing the cars.
The Company and the United contend that his work is a necessary
adjunct to the production of leather and that he is therefore a pro-
duction employee . It appears that his work is largely clerical. Since
clerical employees were excluded from the appropriate unit, we shall
accordingly direct that his ballot be not counted.
Maurice Vincent is in charge of the Company 's storeroom located
in a building apart from the remainder of the plant . The Company
and the United contend that he is a maintenance employee. He dis-
penses materials and supplies to the employees upon written order,
unpacks supplies , cleans the storehouse , checks on tools, and makes
reports to the main office . Two or 3 hours each day, he is engaged
in keeping records. He is hourly paid. He is physically unable to,
lift heavy articles . The general manager testified that Vincent is
"responsible for the outside foremen." One outside employee testified
that Vincent gave him his pay check each pay day. Since it appears
that his work , is largely clerical and, to a certain extent, supervisory,
we shall direct that Vincent's ballot be not counted.
Thurman D. Pattison is a leather weigher and timekeeper. The
Company and the United contend that he is a production employee.
He is, hourly paid. He spends an hour each day copying the record
of the employees ' time from the foremen 's books. The rest of the
time, he weighs finished leather, which is brought on trucks by other
employees to the scales , and keeps a record thereof. Occasionally he
assists the men in loading and unloading the leather . Since it ap-
pears that a large portion of his work is clerical in character, we
shall direct that his ballot be not counted.
Joseph F. Nicholson is engaged in following and handling samples
of hides and for 2 hours each day in keeping time for the foreman
of the beam department . He is hourly paid. Out of each lot of
hides, Nicholson follows 50 samples through the various processes
of the plant in order to determine if more hides from the same source
should be purchased in the future . The hides are loaded on trucks
ELKLAND LEATHER, COMPANY, INC. 571
by other employees and the trucks are pushed by other employees.
Occasionally he assists the men in loading or pushing. Although the
Company and the United contend that Nicholson's work is a vital
part of the production process, it appears that the sampling of the
hides is for the purpose of determining future action of the purchas-
ing department. Since his work is for the most part clerical and
not a direct part of the production process, we shall direct that his
ballot be not counted.
Joseph P. Sereno and Raymond Krise are conceded by all parties
to be, normally, production employees. Sereno works as a roller in
the finishing department and Krise works on a setting-out machine.
Both are paid on a piece-work basis. In 1938 and 1939 Sereno acted
as assistant foreman for 2 or 3 weeks each year while the regular
assistant foremen were on vacation. In 1939 Krise substituted as
assistant foreman for 5 weeks during the illness of the regular fore-
man. Sereno and Krise received their regular pay during the period
they acted as assistant foremen. Although assistant foremen were
excluded from the appropriate unit, we are of the opinion that Sereno
and Krise should not be excluded from the unit merely because they
have on occasion substituted for the regular assistant foremen in their
absence. We shall direct that the ballots of Sereno and Krise be
counted.'
Ethel S. McCormick, Helen J. Yurkewitch, Linnie A. Newberry,
and Genevieve S. Kelts work in the laboratory and are hourly paid.
The laboratory and the main office of the Company are located in
one building apart from the rest of the plant .6 None of these em-
ployees has had any formal training as a chemist. Their work re-
quires no special skill and does not necessitate their leaving the
laboratory. McCormick assists in the analysis of liquors used in the
tanning process and washes dishes used in laboratory work. Yurke-
witch analyzes samples of leather brought from the plant. Newberry
analyzes barks, fruits, nuts, and other materials used in the tannic
liquors. Kelts was employed in the laboratory at the date of the
election but quit on June 17. She also analyzed tannic liquors and
5 See Matter of Olean Tile Co., 'Inc. and Olean Industrial Independent Union of Tile
Plant Workers ; Inc, 32 N. L R. B 288.
6 There are 10 employees in the laboratory . Of these only McCormick , Yurkewitch,
Newberry , Belts, and Louis Caffo voted in the election . The duties of McCormick , Yurke-
witch, Belts, and Newberry are 'hereinafter considered . In addition the following are
also employed in the laboratory : ( 1) Caffo is engaged in "ordinary routine laboratory
work" ; be collects samples of liquors and leathers in the plant , but does no analyzing.
He was among the employees considered eligible to vote ; the Fur Workers asserts that it
inadvertently failed to challenge his vote. ( 2) Schultz is the chief chemist in charge
of the laboratory . ( 3) Paul Waite is a chemist. ( 4) Esther Williams is Schultz's
secretary. ( 5) Roger Ginatomasi , who replaced Genevieve Felts, analyzes liquors, but is
not a chemist . ( 6) Malcomb Stull is engaged in ordinary laboratory routine work, but
is not a chemist . ( 7) Howard Heitzenberger divides his time between the plant and the
laboratory.
572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
records. The United has admitted these employees to membership.
Since their duties require little, if any, expert training, we shall direct
that their ballots be counted.7
The Company and the United objected to the recommendation of
the Regional Director that the ballots of Dorothy M. Zavoski and
Louis D. Jacobs be not counted. No evidence was introduced in
regard to the duties of these two employees.
The Regional Director reported that Zavoski is employed for 2
hours each day for the purpose of cleaning the Company's offices
and works in no other part of the plant. He further reported that
she spends the rest of her time in other private employment as a
charwoman and laundress. We shall direct that her ballot be not
counted.
The Regional Director reported that Jacobs is engaged in weighing
leather and trucking it to various parts of the plant. Approximately
60 per cent of his time is devoted to clerical work. We shall direct
that Wiggins' ballot be counted.
As indicated above,8 the employees on the preferential list for
reinstatement were 'among those eligible to vote. The Regional Di-
rector sent a notice of election, ballot, and secret return envelope by
registered mail, personal delivery, return receipt requested, to each
of two employees of the Company in military service and five'em-
ployees who were on a list for preferential reinstatement, who are
named below. In its supplementary objections, the Fur Workers
objected to the Regional Director's recommendation that of the mailed
ballots only Wiggins' ballot be counted. The Fur Workers contends
that insufficient time was given in which to return the ballots and
that the instructions were too complex and not clear. The Fur Work-
ers suggests that those ballots which were returned after the deadline
be counted and that the two persons who did not return their ballots
be given a further opportunity to vote.
Verne Creeley and Louis Cevette. On April 21, 1941, the Regional
Director mailed to Creeley at Fort Monroe, Virginia, and to Cevette
at Fort Belvoir, Virginia, ballots to be postmarked not later than
midnight April 24, 1941. Creeley received his ballot on April 24,
1941, and posted it on May 1, 1941. Since it appears that he might
have posted the ballot within the prescribed time limit, we shall
direct that his ballot be not counted. Cevette received his ballot on
May' 17, 1941, and did not return it. We hereby reserve decision
as to Cevette's ballot.
Howard Cijilson, Harold G. Wiggins, Beryl W. Pe Queen, John
Korba, and William Fish. On April 23, 1941, the Regional Director
'See Matter of Gulf Refining Company and Federal Labor Union No. 22191, affiliated
With the American Federation of Labor, 25 N. L. R. B. 745
8 See footnote 1, supra.
ELKLAND LEIATTIEIR COMPANY, INC. 573
mailed to 'Howard Chilson, Waterloo, New York, Harold G. Wig-
gins, Camden , New Jersey , Beryl W. PeQueen , Ledgewood , New Jer-
sey, John Korba, Redwood City , California , and William Fish, Mon-
roeton, Pennsylvania , ballots to be postmarked not later than mid-
night April 26, 1941.
Howard Chilson received his ballot on April 25, and mailed it on
April 26, 1941. The Regional Director recommended that the ballot
be not counted for the reason that the Company informed him that
Chilson had refused an offer of employment on April 7 , 1941, and
had signed a statement authorizing the Company to remove his name
from the preferential list. Chilson confirmed the Company's position
in a letter to the Regional Director , received on June 26, 1941. We
shall direct that Chilson's ballot be not counted.
Harold G. Wiggins received his ballot on April 24 , 1941 , and posted
it the same day. The United objected to the Regional Director's
recommendation that Wiggins' ballot be counted , for the reason that
the parties had not agreed that any employee should vote by mail.
We find the United's contention to be without merit. We shall direct
that Wiggins ' ballot be counted.
Beryl W. PeQueen received his ballot on April 26 , 1941 , but did
not return it. William Fish received his ballot on April 24, 1941,
and mailed it on May 2 , 1941 . Since it appears that both could have
nailed their ballots within the prescribed time limit, we shall direct
that Fish's ballot be not counted , and shall deny the Fur Workers'
request that PeQueen be given another opportunity to vote.
John Korba received his ballot on April 29 , 1941 , and mailed it
the same day . It is apparent that insufficient time was alloted for
his ballot to reach him and to return to the Regional Director. More-
over, Korba returned it as promptly as possible . We shall accordingly
direct that his ballot be counted.
No objections were made by any of the parties to the Regional
Director 's recommendations that the challenged ballots of Margaret
Webster, Harry A. Flyn, Louis Marold, and Arthur Libey, be not
counted and that the challenged ballots of Lester Weaver, Harley
Aldrich, and John Kreisler be counted. In view of the facts set
forth in the Regional Director 's Election Report, we shall direct that
the ballots of Lester Weaver, Harley Aldrich, and John Kreisler be
counted, and direct that the ballots of Margaret Webster, Harry A.
Flyn, Louis Marold, and Arthur Libey be not counted.
DIRECTION
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with, Elkland Leather Company, Inc., Elkland, Pennsylvania, the
Regional Director for the Fourth Region (Philadelphia, Pennsyl-
vania) shall, pursuant to the said Rules and Regulations and subject
to Article III, Section 9, of said Rules and Regulations, within
ten (10) days from the date of this Direction, open and count the
ballots of Joseph P. Sereno, Raymond Krise, Harold G. Wiggins,
Lester Weaver, Harley Aldrich, John W. Kreisler, John Korba,
Ethel S. McCormick, Helen J. Yurkewitch, Linnie A. Newberry, and
Genevieve S. Kelts, and not count the ballots of William F. Cosier,
Maurice Vincent, Thurman D. Pattison, Joseph F. Nicholson, Dorothy
M. Zavoski, Louis D. Jacobs, Verne Creeley, Howard Chilson, William
Fish, Margaret Webster, Harry A. Flyn, Louis Marold, and Arthur
Libey and shall thereafter prepare and cause to be served upon the
parties a Supplemental Election Report embodying his findings
therein and his recommendtions as to the results of the secret ballot.