Greene, Tweed & Co.

National Labor Relations Board - Board Decisions

Feb 28, 1941

29 N.L.R.B. 1166 (N.L.R.B. 1941)

In the Matter of GREENE, TWEED & Co. and AMERICAN FEDERATION
, OF LABOR FEDERAL LABOR UNION #22532
Case NO.-R-2,095.-Decided February 28, 194.1
Jurisdiction : rawhide products manufacturing industry.
Investigation , of Representatives : existence of question : conflicting claims of
rival representatives; eligibility determined . as of pay roll preceding strike;
election necessary.
Unit Appropriate for Collective Bargaining : all production employees exclusive
of executives , office and clerical workers ; stipulation as to.
Newman & Bisco, by Mr. George B. Balamut, of New York City,
for the Company.
Mr. F. J. Dillon, Mr. Samuel R. Isard, and Mr. Arthur R. Cook,
of New York City, and Mr. Herbert Thatcher, of Washington, D. C.,
for the A. F. of L.
Isserman, Isserman & Kapelsohn, by Mr. Sol D. Kapelsohn, of
New York City, for the C. I. O.
Mr. `N. Barr Miller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TFIE CASE
On' January 16, 1941, the American Federation of Labor, Federal
Labor Union #22532, herein called the A. F. of L., filed with the
Regional Director for the Second Region (New York City) a peti-
tion alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Greene, Tweed & Co.; Newark,
New Jersey, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On January 25, 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 investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
29 N. L. -R., B., No. 170.
1166
GREENE, TWEED & CO. 1167
On January 27, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
A. F. of L., and Local 27 International Fur & Leather Workers
Union of the United States and Canada, affiliated with the Congress
of Industrial Organizations, herein called the C. I. 0., a labor or-
ganization claiming to represent employees directly affected by the
investigation. Pursuant to notice, a hearing was held on February
3 and 4, 1941, at Newark, New Jersey, before Martin I. Rose, the
Trial Examiner duly designated by the Board. The Company and
the C. I. O. were represented by. counsel and the A.` F. of L. by its
representatives; all participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded all parties. During
the course of the hearing the C. I. O. made application to the Trial
Examiner for tho issuance of subpeonas directing the Company to
produce certain of its records and also directing certain designated
officers of the Company to appear and testify. The A. F. of L. also
made application for the issuance of subpoenas directing that certain
named employees appear and testify. The Trial Examiner denied
all applications for the issuance of subpoenas. His rulings are
hereby affirmed. During the course of the hearing the Trial Ex-
aminer made several other rulings on 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 corn-
mitted. The rulings are hereby affirmed.
At the request of the C. I. O. and pursuant to notice duly served
upon. all parties, a hearing for the purpose of oral argument was
held before the Board on February 18, 1941, in Washington, D. C.
The A. F. of L. and the C. I. O. appeared and participated therein.
At the oral argument the C. I. O. moved that the hearing be re-
opened, that the Trial Examiner's denial of the C. I. O.'s application
for subpoenas be reversed, and that the Board issue subpoenas as
requested by the C. I. O. The motion is hereby denied. On Feb-
ruary 19, 1941, the C. I. O. filed with the Board a statement in the
nature of a brief.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Greene, Tweed & Co. is a New York corporation with its principal
office located in New York City. The Company leases and operates
plants in Newark, New Jersey, and Brooklyn, New York. At the
Newark plant, which is involved in this proceeding, the Company is
1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
engaged, in the manufacture, sale, and distribution of rawhide prod-
ucts. The principal raw materials used in'the manufacturing opera-
tions at the Newark plant are rawhide, wooden handles,,glue, rivets,
and steel wedges. Approximately 97 per cent of such raw materials
are shipped to the Newark plant from places outside the State of
New Jersey. The total value of all finished products manufactured
at the Newark plant during the months of November and December
1940 was approximately $8,698, substantially all of which were
shipped to places outside the State of New Jersey.'
The Company has stipulated t11at it is engaged in interstate com-
merce within the meaning of the Act and that it is subject to the
jurisdiction of the Board.
II. THE LABOR ORGANIZATIONS INVOLVED
American Federation of Labor, Federal Labor Union #22532 is
a labor' organization admitting to membership employees of the Com-
pany at its Newark plant.
Local 27 International Fur & Leather 1 Torkers Union of the
United States and Canada is a labor organization affiliated with the
Congress of Industrial Organization. It admits to membership
employees of the Company,at its Newark plant.
III. THE QUESTION CONCERNING REPRESENTATION
The Company commenced its operations at the Newark plant in
October 1940. Thereafter, the A. F. of L. organized the produc-
tion employees. On January 3, 1941, the A. F. of L. satisfied the
Company that it represented a large majority of the Company's
employees and the terms of a contract were agreed upon. On Janu-
ary 6, 1941, the C. I. O. notified the Company that it claimed to
represent a majority of the production employees at the Newark
plant. On January 10 representatives of-the A. F. of L. requested
the Company to sign the contract. The Company stated that rep-
resentation claims had been made by the C. I. 0., that a meeting with
C. I. O. representatives had been arranged for that day,'' and that
no action could be taken until after that meeting. On January 13
the A. F. of L. again requested the Company to sign the contract.
At that time the Company stated that, although the C. I. O. had
not submitted proof that it represented a majority of the employees,
the Company could not sign any_ contract until the proper representa-
tives of the employees had been certified by the Board. On Janu-
ary 16, the A. F. of L. filed its petition herein.
I The Company commenced operations at the Newark plant toward the end of
October 1940
GREENE , TWEED & CO. 1169
On January 22 or 23 the A. F. of L. employees went on strike.
On January 23 or immediately thereafter the Company hired 11
employees to replace strikers. On January 30 the strike was settled
by an oral agreement that the A. F. of L. members would return to
work pending the Board's action herein. The Company permitted
all the strikers to return to work on February 3 ' and also retained
in its employ the 11 men hired to replace strikers, although the
secretary of the Company testified that it did not have work for
more than 3 of the 11 and only retained them pending determination
of this proceeding before the Board. _
At the hearing there was introduced in evidence a statement of
the Regional Director showing that the A. F. of L. submitted to him
20 membership cards bearing apparently genuine, original signatures
of all the production employees on the pay roll of January 8, 1941.
The C. I. O. submitted 21 membership cards, 9 of which bore ap-
parently genuine' original signatures of employees whose names ap-
pear on the January 8 pay roll and the remaining 19, of which bore
apparently genuine, original signatures of persons in the employ of
the Company on January 24, 1941, which was during the period of
the strike. On the last pay roll prior to the strike there were 29
production employees, exclusive of foremen.
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
relation 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. TIIE APPROPRIATE UNIT
At the hearing the parties stipulated and we find that all produc-
tion employees of the Company at its Newark plant, exclusive of
executives, office and clerical workers, and foremen with the right
to hire and discharge, constitute a unit appropriate for the purposes
of collective bargaining. We further find that said unit will insure
to employees of the Company the full benefit-of their right to self-
organization and collective bargaining and otherwise effectuate the
policies of the Act.
1170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot.
The A. F. of L. requests that the pay roll for the week ending
January 22,A941, be used in determining eligibility to vote in the
election. Use of the January 22 pay roll would exclude the 11 per-
sons hired between January 23 and January 29 to replace strikers.
The C. I. 0. requests use of the pay roll, for the week ending Feb-
ruary 5, 1941, which would permit both the striking employees and
the 11 persons replacing them to vote.
The secretary of the Company testified that the 11 men hired to
replace strikers have been retained on the pay roll since the striking
employees returned to work only because the Company desired to be
fair to both labor organizations and do nothing to prejudice the
rights of any employees. He further testified that the Company
could not profitably employ permanently at least 8 of these 11 per-
sons, that they were now doing odd jobs about the plant which were
not essential to the operation of the plant, and that at the conclusion
of the present proceeding before the Board the Company would lay
off at least 8 of these 11 men. It appears that the Company, prior
to the strike, had contemplated expanding its floor space and adding
machinery which would make possible the employment of additional
persons. However, the secretary of the Company testified : "We had
hopes and had contemplated taking additional space and additional
equipment but we also have come to the conclusion' that . . . we
would be very' foolish to do -so, because quite frankly the pay roll
that we are carrying is much too high to prove profitable to us."
Under the circumstances we are of the opinion that the proper
date for determining the eligibility of employees to vote in the
election to resolve the question concerning representation which has
arisen is the pay roll for the week ending January 22, 1941.2
Upon the basis of the above findings of fact and upon the entire
record 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 Greene, Tweed & Co., Newark, New Jersey,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
2 On the pay roll for the week ending January 22 , 1941, - is the name of Joseph Fortino,
whose employment with the Company was terminated on January 17, 1941. Fortino is
not eligible to vote in the election.
GREENE, TWEED & CO.
2. All production employees of Greene, Tweed & Co. at its Newark
plant, exclusive of executives, office and clerical workers, and foremen
with the right to hire and discharge, constitute a unit appropriate
for the purposes of collective bargaining within .the meaning of
Section 9 (b) of the 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 Re-
lations Act, and pursuant to Article III, Section 8, of 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 Greene, Tweed & Co., Newark, New Jersey, 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 Director for the Second Region,
acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regu-
lations, among all production employees' of Greene, Tweed & Co.,
at its Newark, New Jersey, plant whose names appear upon the pay
roll of the,Company for the week ending January 22, 1941, includ-
ing employees who did not work during such pay-roll period because
they were ill or on vacation or absent because called for military
service and employees who were then or have since been temporarily
laid off, but excluding executives, office and clerical workers, fore-
men with the right to hire and discharge, Joseph Fortino, and any
who have since, quit or been discharged for cause, to determine
whether they desire to be represented for the purposes of collective
bargaining by American Federation of Labor, Federal Labor Union
#22532 or by Local 27 International Fur & Leather Workers Union
of the United States and Canada,- affiliated with the Congress of
Industrial Organizations, or by neither.'
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