J. Laskin & Sons Corp.

National Labor Relations Board - Board Decisions

May 27, 1943

49 N.L.R.B. 1183 (N.L.R.B. 1943)

III the Matter of J. LASKIN - & SONS ' CORP. and UNITED LEATHER
WORKERS INTERNATIONAL ; UNION (AFL)
Case No. R_076. -Decided May 07, 1943
Mr. Clarence A. Meter, for the Board.
Mr. Leo Mann and Mr. Irving M. Babb, of Milwaukee, Wis., for
the Company.
Padway cC Goldberg, by Mr. David Previant, of Milwaukee; Wis.,,
for the Leather Workers.
Mr. Max Raskin, of Milwaukee, Wis., and Mr. John J. Abt, of New
York City, for the Amalgamated.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Leather Workers International
Union, affiliated with the American Federation of Labor, herein
called the Leather Workers, alleging that a question affecting com-
merce had arisen concerning the representation of employees of J.
Laskin & Sons Corp., Milwaukee, Wisconsin, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Mr . Bernard Cushman, Trial
Examiner. Said hearing was held at Milwaukee , Wisconsin, on May
3, 1943. The Company, the Leather Workers, and Amalgamated
Clothing Workers of America, affiliated with the Congress of Indus-
trial Organizations, herein called the Amalgamated, appeared, par-
ticipated, and were afforded' full opportunity to be heard, to exam-
ine and cross -examine witnesses , and 'to introduce evidence bearing
on the issues . The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby , affirmed.
The Leather Workers on May 8, and the Amalgamated and the
Company on May 11; filed briefs, and the Leather Workers on May
'13 a reply, brief, all of which the Board has considered.
49 N L R. B., No. 172.
, 1183
1184 DECISIONS OF NA'MONTAL LABOR nEILATIONIS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
J. Laskin & Sons Corp. is engaged in tanning and processing lamb-
skins at Milwaukee, Wisconsin. During 1942, the Company pur-
chased raw materials, valued in excess of $1,000,000, over'95 percent
of which was shipped to the Company's plant from points outside
Wisconsin. During the same period, the Company manufactured
finished products, valued in excess of $3,000,000, of which over 80
percent was shipped to points outside Wisconsin.
The Company admits that it is engaged in commerce within the
meaning of the National- Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Leather Workers International Union is a labor organiza-
tion, affiliated with the American Federation of Labor. Local 107
admits to membership employees of the Company.
Amalgamated Clothing Workers of America is a labor organiza-
tion affiliated with the Congress of Industrial Organizations. Local
232 admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 24, 1943, the Leather Workers advised the Company
that the Leather Workers represented a majority of the Company's
employees and requested a bargaining conference. On March. 29,
1943, the Company refused to confer with the Leather Workers,
alleging that a contract between the Company and the Amalgamated
constituted a bar to such negotiations.
On June 4, 1937, the Company entered into an exclusive bargain-
ing contract with the Amalgamated covering its employees. The
contract provided that it be effective until December 1, 1938, and
renewable thereafter from year to year unless terminated by 60 days'
notice prior to the renewal date. The contract was automatically re-
newed on December 1, 1938, and December 1, 1939. On February 19,
1940, the parties entered into a supplementary agreement, requiring
membership in the Amalgamated as a condition of employment at
the plant after a 6 weeks' trial period and providing, inter alia, that
the contract, as amended, be retroactively effective as of December 1,
1939, for a 3-year period and thereafter renewable from year to year
J. LASKIN & SONS CORP. 1185
unless notice were given to terminate it by either party 60 days prior
to the renewal date.l
On September 29, 1942, the Amalgamated, through its business
agent, sent a letter to the Company, reciting that "in accordance with
the provision of our contract" the Company was advised that "cer-
tain changes" were desired in the existing contract, and requesting
an early bargaining conference. * Subsequent to October 1, 1942, the,
business agent of the Amalgamated had a telephone conversation
with the president of the Company in which he notified the Company
that no change would be made in the contract and that the Amal-
gamated desired that the parties continue to operate under the agree-
ment of June 4, 1937, as amended, until December 1, 1943. He prom-
ised that written confirmation of his statement would be sent to the
Company. On December 15, 1942, the Company, having received no
written confirmation of the telephone conversation, was orally ad-
vised by the business agent of the Amalgamated that no written
notice would be sent because it was not necessary and that the con-
tract had already been automatically renewed.'
According to the testimony of the business agent, subsequent to his
conversation with the Company's president, he advised the executive
board of Local 232 that he did not consider any change in the exist-
ing contract desirable and that he had so advised the Company, and
the executive board ratified his oral revocation of the written notice
to terminate the contract served on the Company by .his letter of
September 29, 1942. According to the testimony of members of the
executive board, no such ratification was given but, on the contrary,
repeated requests were made by them for bargaining conferences
respecting a new contract, and in February 1943 the business agent
informed the executive committee that there, would be no change in,
the contract with the Company before December 1, 1943. We find it
unnecessary to resolve this 'conflicting testimony.
In March 1943 the Leather Workers began organizing the Com-
pany's employees. On March 24, 1943, the Leather Workers, alleg-
ing that the Leather Workers represented a majority of the Com-
pany's employees, asked the Company to bargain on their behalf.
On March 28, 1943, the chairman of Local 232 called a special meet-
ing of its members to advise them that the business agent of the
Amalgamated had accused their officers of disloyalty to the Amal- '
gamated and theatened their discharge. Approximately 350 of the
Company's 440 employees attended this meeting: Their business
agent was invited to be present but declined to attend. At this meet-
1 On June 2. 1941 . the Company and the Amalgamated further amended the agreement
by,providing for a vacation plan No further change was made in the agreement before
September 1942
-1186 iD'ECLSJO\,,S OF NATIONAL LABOR, REILATTrONiS' BOIAUD
ing the members present unanimously voted to sever their associa-
tion with the Amalgamated and to dissolve Local 232, and the,
meeting adjourned. Immediately thereafter the Company's employ-
ees reconvened and voted unanimously to affiliate as a group with
the Leather Workers. On March 31, 1943, the Leather Workers filed
the: petition in this proceeding.
The Company and the Amalgamated -contend, inter, alia, that by
virtue of .an oral agreement -.between the Company and the Amal-
gamated effected between October 1 and December 15,.1942, through
duly authorized agents, the notice to terminate-was withdrawn and
the contract of June 4, 1937, as amended, became automatically re-
newed as of December 1, 1942, for a term of 1 year and that it con-
stitutes a bar to an investigation of representatives until this termina-
tion date. We find no merit, in- this -contention. It is clear that by
its letter,of September 29, 1942, the Amalgamated gave notice to the
Company that it desired to make "certain changes in - the , existing
contract.". The contract of June 4, 1937, as amended, was, thus pre-
cluded from automatic renewal by the timely written request by the
Amalgamated for negotiations for a new contract. Whether or not
the business agent of Local, 232 was duly authorized to withdraw
this notice without the sanction of Local 232 which had directed the
notice to be sent, it is clear that the alleged agreement to extend the
operation of the contract for an additional year was not reduced to
writing and signed ,by the parties. Under these circumstances, and
for reasons which we have fully set forth in a prior representation
proceeding,2 we find that the oral agreement between the Company
and the business agent of the Amalgamated with respect to the con-
tinuation of the contract for' an 'additional term does not constitute
,a bar.to a determination of representatives at the present time.
A statement prepared by a Field Examiner and introduced into
evidence at the, hearing indicates ,that the Leather Workers represents
,a substantial number of the Company's employees in the unit herein
found 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.
2 Hatter of 7hcor Inc and District No 8, International A ociat,oi, of Machin,cte,
A P o f L, 40 N I, R B 1035
, The Leatliei Woikers submitted 399 cards, 301 of which bear apparently genuine sigua-
tures of employees on the Compdnv s pay roll of April 7, 1943 There are approximately
440 employees in the appropriate unit
The amalgamated did not submit any cards in support of its claim to represent the
Company's employees at the time of the hearing Poi its representation among the Com-
pany's employees it ielies upon the coiitiact noted above According to evidence received
at the hearing, 67 of the Company s employees in March 1943, and 27 in April 1943, were
dues-paving niembeis of the Ani tigamated.
J. LASKIN & SONS CORP. 1187,
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
factory production and maintenance employees of the Comppany,'in-
chiding watchmen, but excluding guards, powerhouse employees,
}workers for special training, and supervisory employees, constitute a
unit appropriate for collective bargaining, within the, meaning of
Section 9 (b) of the Act.4
V. 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 Amalgamated has submitted no evidence of substantial meni-
bership among the Company's employees. Since it has been their
bargaining representative for the past several years, we shall provide
that the Amalgamated participate in the election. The Amalgamated
requests that the name of the International only shall appear do the
ballot. The Leather Workers requests that the name of its local
union, Local 107, to which employees of the Company are eligible,
appear upon the ballot. We shall grant these requests.
Those eligible to vote in the election shall be all employees of the
Company within the unit found appropriate- in, Section IV, above,
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.
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 J. Laskin &, Sons
Corp., Milwaukee, Wisconsin, an election by secret ballot shall be
conducted as early as possible, but, not later than thirty (30) days
from the elate of this Direction, under the direction and supervision
of the Regional Director for the Thirteenth 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 all
employees in the unit found appropriate in Section IV, 'above, who
were employed during the pay-roll period immediately preceding the
'Employees within the appropriate unit were covered by the contract between the
Company and the Amalgamated which is urged as a bar to this proceeding.
551647-43-eol 49-76
1188 DECISIONS OF NATIONAL LABOR RELAMONS. BOARD
date of this Direction, including employees who did not work dur-
ing 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 employees who, have since quit or been discharged for
cause, to determine whether they desire to be represented by United
Leather Workers International Union, Local 107, affiliated with the
American Federation of Labor, or by Amalgamated Clothing Workers
of America, affiliated with the Congress of Industrial Organizations,
for the, purposes of collective bargaining, or by neither.
I