G. Levor & Co., Inc.

National Labor Relations Board - Board Decisions

Aug 12, 1943

51 N.L.R.B. 1248 (N.L.R.B. 1943)

In the Matter of G. LEVOR & COMPANY, INC. and LOCAL 202;
INTERNATIONAL Fun AND LEATHER WORKERS ' UNION , C. I. O.
Case No. R-5726.-Decided August 12, 194,3
Mr. John W. Morgan, of Boston, Mass., for the Company.
Mr. Harry Pozefski, of Gloversville, N. Y., for Local 202.
Mr. Harold W. Ward, of Gloversville, N. Y., for the Independent.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 202, International Fur and
Leather Workers' Union, C. I. 0., herein called Local 202, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of G. Levor & Company, Inc., Gloversville,
New York, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Francis V. Cole, Trial Examiner. Said hearing was held at Glovers-
ville, New York, on July 16 and 17, 1943. At the commencement of
the hearing, the Trial Examiner granted a motion of Adirondack
Leather Workers' Union, herein called the Independent, to intervene.
The Company, Local 202, and the Independent appeared at and par-
ticipated in the hearing, and all parties were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses, and to intro-
duce 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 opportunity to file, briefs with
the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
G. Levor & Company, Inc., is a New York corporation with its
principal place of business at Gloversville, New York, where it is
51 N. L. R. B., No. 197.
1248 '
G. LEVOR & COMPANY, INC. 1249
engaged in the business of tanning shoe and glove leather. During
the 12-month period ending June 30, 1943, the Company purchased
raw materials valued in excess of $1,500,000, approximately 99 per-
cent of which was shipped to it from points outside the State of
New York. During the same period, the Company sold finished
products valued in excess of $2,000,000, approximately 95 percent of
which was shipped to points outside the State of New York. The
Company admits, for the purpose of this proceeding, that it is en-
gaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 202, International Fur and Leather Workers' Union, is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
Adirondack Leather Workers' Union is an unaffiliated labor organ-
ization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize Local 202 as exclusive bargain-
ing representative of its employees because of a contract between the
Company and the Independent.,
On June 5, 1941, the Company and the Independent entered into
an exclusive bargaining contract. The contract provides that it is
to remain in effect until June 30, 1943. Thereafter, the Company and
the Independent entered into a supplemental agreement extending the
contract for 60 days beyond June 30, 1943. Said supplemental agree-
ment is subject to any rulings that might,be made by the Board.
Local 202 filed its petition herein on June 9, 1943. Inasmuch as Local
202 filed its petition prior to June 30, 1943, the expiration date of the
June 5, 1941, contract and in view of the fact that the supplemental
agreement is subject to action by the Board, we find that the contract
does not constitute a bar to a determination of representatives at this
time.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that Local 202 represents a substantial
number of employees in the unit hereinafter found to be 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.
i The Field Examiner reported that Local 202 presented 136 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of June 5, 1943 . There are approximately 291 employees in the appropriate unit.
The Independent did not present any evidence of representation but relies upon its contract
as evidence of its interest in the instant proceeding
1250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
Local 202 urges that all employees of the Company , excluding
executives , foremen, assistant foremen, watchmen , firemen, mainte-
nance employees, office employees , salaried workers, clerical em-
ployees, and all supervisory employees with authority to hire,
promote, discharge , discipline , or otherwise effect changes in the
status of employees , or effectively reoommend such action , constitute
an appropriate unit. The Independent would include watchmen,
maintenance employees, salaried workers, and plant -clerical em-
ployees in the unit, while the Company would include maintenance
employees and salaried workers . The Compaiiy took no position with
respect to plant-clerical employees.
The unit frequested by Local 202 is the same as that provided for
in the contract between the Company and the Independent. The con-
tract unit is the same as that used in a consent election conducted
on March 20, 1941. The Company, the Independent, and Local 202
agreed with respect to the unit at that time. Local 202 has confined
its organizational activities to the employees in the contract unit.
The maintenance employees , watchmen , salaried workers, and plant-
clerical employees are excluded from the contract . We find that the
unit provided for in the consent election agreement' of March 20, 1941,
and the contract between the Independent and the Company is ap-
propriate in this case. Accordingly, we shall exclude maintenance
employees, salaried workers , watchmen, and plant-clerical employees
from the unit.
We find that all employees of the Company, excluding executives,
foremen , assistant foremen , all other supervisory employees with au-
thority to hire, promote , discharge, discipline , or otherwise effect
changes in the status of employees , or effectively recommend such
action, watchmen , firemen , maintenance employees , office employees,
salaried workers, and all clerical employees , constitute a unit appro-
priate 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 means of an election by secret ballot among
the 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.
G. LEVOR & COMPANY, INC. 1251
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules, and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with G. Levor I
Company, Inc., Gloversville, 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 super-
vision of the Regional Director for the Third Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, 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
United States who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause, to
determine whether they desire to be represented by Local 202, Inter-
national Fur and Leather Workers' Union, affiliated with the
Congress of Industrial Organizations, or by Adirondack Leather
Workers' Union, for the purposes of collective bargaining, or by
neither.
CHAIRMAN MITLIs took not part in the consideration of the above
Decision and Direction of Election.
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