Gutmann and Co.

National Labor Relations Board - Board Decisions

Jan 16, 1943

46 N.L.R.B. 1184 (N.L.R.B. 1943)

In the Matter of GUTMANN AND COMPANY and INTERNATIONAL FUR &,
LEATHER WORKERS UNION, CIO, LOCAL, 43
Case No. R-4323
SUPPLEMENTAL DECISION
I
AND
CERTIFICATION OF REPRESENTATIVES
0
January, 16, 1943
On November 3, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding'
Pursuant to the Direction of Election, an election by secret ballot was
held November 24, 1942, under the direction and supervision of 'the
Regional Director for the Thirteenth Region (Chicago, Illinois). On
-November 25, 1942, the Regional Director, acting pursuant to Article
III, Section 10, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued and duly, served upon the parties
an Election Report on the ballot.
As to the balloting and its results the Regional Director reported
as follows :
Approximate number of eligible voters------------------------ 399
Total ballots cast --------------- ---------------------------- 384
Total ballots challenged------------------------------------- 6
Total void ballots------------------------------------------ 1
Total valid votes counted------------------------------------ 377
Votes cast for Independent Tanners Union-------------------- 157
Votes. cast for International Fur & Leather Workers Union, -
Local 43, CIO-------------------------------------------- 211
Votes cast for neither------------------------------,--------- 9
On December 3, 1942, pursuant to an extension of time granted by
the Regional Director, the Company and Independent Tanners Union,
herein called the ITU, filed Objections to the conduct of the election
and to the Election Report. The Regional Director, acting pursuant
to Article III, Section 10, of the Rules and Regulations, investigated
the matters raised by the Objections, and on December 29, 1942, issued
145 N. L. R B. 344.
46 N. L. It. B., No. 143.
1184
GUTMANN,AND COMPANY 1185
a Report on Objections to Election Report, copies of which were'duly
served on all the parties, in which he found that the Objections raised
no substantial or material issues.
The ,Objections of the Company and the ITU allege in- substance
that the Union violated the regulations-and policies of -the Board and
interfered with the election in that it employed a boat to cruise along
the river beside the plants; which'bore,signs urging, employees to vote
for the Union, and from which, during the election, statements on
behalf of the Union were broadcast over a loudspeaker and were heard
at the polling places. The Objections further allege' that the boat
purported to be, and created the impression among the voters that it
was, an official boat of the United States Coast Guard. The results of
the Regional Director's investigation show, however, that the boat was
opposite the Company's plants during a period of only about2O min-
utes while the election was in progress; that its presence as unknown
at either of the two polling places; that no substantial proportion of
the employees who were at the time working on the river side of the
plants were aware of its presence; and that the boat was not and did
not present the appearance bf being a Coast Guard boat and was not
understood by the employees to have any official character. We find
that the Objections raise no substantial or material issues, and they are
hereby overruled.
CERTIFICATION OF REPRESENTATIVES
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 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
.
IT IS HEREBY CERTIFIED that International Fur & Leather Workers
Union, CIO, Local 43, has been designated and selected by a majority
of all production and maintenance employees of Gutmann and Com-
pany, Chicago, Illinois, exclusive of foremen, supervisory; office, and
clerical employees, outside truck drivers, and powerhouse employees,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, International 'Fur & Leather
Workers Union, CIO, Local 43, is the exclusive 'representative of all
such employees for the purposes of collective bargaining in respect to
rates of, pay, wages, hours of employment, and other conditions of
employment.
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