International Fur & Leather Workers Union of United States and Canada

National Labor Relations Board - Board Decisions

May 28, 1954

108 N.L.R.B. 1190 (N.L.R.B. 1954)

1190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was conducted on March 25, 1954, under the supervision
of the Regional Director for the Thirteenth Region, among
the employees in the appropriate unit at the Employer's
plant in Chicago, Illinois. Upon completion of the election,
the parties were furnished with a tally of ballots which showed
that of approximately 65 eligible voters, 59 case valid ballots,
of which 48 were for and 11 were against the Petitioner.
There were 2 void ballots. No ballots were challenged.
On March 30, 1954, the Employer filed timely objections
to conduct allegedly affecting the results of the election.
In accordance with the Board's Rules and Regulations, the
Regional Director conducted an investigation and, on April 16,
1954, issued and duly served upon the parties his report on
objections. In this report, the Regional Director found that the
Employer's -objections did not raise substantial and material
issues, and recommended that the objections be overruled and
that the results of the election be certified. Thereafter, the
Employer filed timely exceptions to the Regional Director's
Report and to his recommendations.
Under all the circumstances, we find that the facts revealed
by the Regional Director's entire investigation do not raise
substantial or material issues respecting the outcome of the
election so as to warrant setting it aside. Accordingly,
no useful purpose would be served by holding a hearing
on the objections, as the Employer requests. The Employer's
objections to conduct allegedly affecting the results of the
election are therefore overruled.
As the Petitioner has received a majority of the valid votes
cast, we shall certify the Petitioner as the exclusive bargaining
representative of the employees in the appropriate unit.
[The Board certified United Steelworkers of America, CIO,
as the designated collective-bargaining representative of the
employees of Essex-Graham Company, Chicago, Illinois,inthe
unit heretofore found appropriate.]
COMPLIANCE STATUS of INTERNATIONAL FUR & LEATHER
WORKERS UNION OF UNITED STATES AND CANADA.
May 28, 1954
DETERMINATION AND ORDER
On April 20, 1954, after Ben Gold was found guilty under
title 18 U.S.C. section 1001 of having made false statements
in his non-Communist affidavit filed with the Board on August
29, 1950, the Board issued a notice to show cause why it should
not deem International Fur & Leather Workers Union of United
States and Canada not to be in compliance with Section 9
(h) of the Act and withhold all further benefits under the Act
108 NLRB No. 168.
INTERNATIONAL FUR & LEATHER WORKERS 1 191
from said Union and its affiliates and constituent units unless
satisfactory proof was submitted within 10 days that Ben Gold
had been removed from office and was not performing the
functions or duties of any office in said Union.
On May 17, 1954 , after an extension of time granted by the
Board, said Union filed its return to the notice to show cause,
setting forth arguments as to why the Union's compliance status
"should not and may not be revoked ," informing the Board
that after judgment of conviction was entered against Ben
Gold , and after he was sentenced , he was unanimously reelected
as president of the Union for a term of 2 years, and preying
that this proceeding be terminated.
On May 12, 1954 , the Board received for filing a non-
Communist affidavit executed on May 11, 1954 , by Ben Gold
as international president of International Fur & Leather
Workers Union of United States and Canada . The affidavit
states that he assumed that office on May 3, 1954.
The Board having duly considered the matter , hereby finds
and determines that:
1. Good cause has not been shown why, by reason of the
Union ' s failure to remove Ben Gold from office after knowledge
of his conviction , the Board should not declare the Union not
to be in compliance with Section 9 (h) of the Act.
2. The compliance letter issued to International Fur &
Leather Workers Union of United States and Canada on June
11, 1953, is of no further force and effect and said Union is
not now in compliance with the requirements of Section
9 (h) of the Act.
The Board further determines , in view of Ben Gold's
conviction , that the affidavit executed by him on May 11, 1954,
and submitted to the Board for filing for a further 12-month
compliance period shall be, and it hereby is, rejected in the
interests of protecting the integrity of the Board ' s processes
and of effectuating the policies and purposes of Section 9
(h) of the Act.
NOW THEREFORE IT IS HEREBY ORDERED that no further
benefits under the Act be accorded to the said International Fur &
Leather Workers Union of United States and Canada or to any
of its affiliates or constituent units until said Union has
complied with the requirements of Section 9 (h) of the Act.
By direction of the Board:
Frank M. Kleiler,
Executive Secretary.