McNeely & Price Co.

National Labor Relations Board - Board Decisions

Jun 16, 1943

50 N.L.R.B. 666 (N.L.R.B. 1943)

- In the Matter of McNEELY & PRICE Co . and UNFrED LEATHER WORKERS
INTERNATIONAL UNION, LOCAL 64, AFL
Case No. R-5419. -Decided June 16, 1943
Mr. Thomas J. Mullany, of Philadelphia , Pa., for the AFL.
Mr. Saul C: Wallbaum , of Philadelphia , Pa., for the CIO:
Mr. Roy Martin Boyd, of Philadelphia , Pa., for the Company.
M. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Leather Workers International
Union, Local 64, AFL herein called the AFL, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of McNeely & Price Co., Philadelphia, Pennsylvania, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing,upon due notice before Robert H. Kleeb, Trial
Examiner. Said hearing was held at Philadelphia, Pennsylvania, on
May 26, 1943. The Company, the AFL, and International Fur and
Leather Workers Union, Local 30, C. I. 0., herein called the CIO,
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses , and to introduce evi-
dence bearing upon the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
McNeely & Price Co. is engaged in the business of making leather
.from goat skin for shoes, gloves, and garments. The raw stock used
by the Company comes from foreign sources or through the United
States Government. During the last fiscal year the sales of its fin-
50 N. L. R. B., No. 88.
666
ii McNEELY & PRICE' CO . 667
ished products amounted to $1,500,000, of which about,95 percent was
shipped to points outside the State of Pennsylvania. 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, Local 64, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
International Fur and Leather Workers Union, Local 30, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to recognize either of the labor organizations
involved herein as the exclusive bargaining representative of its em-
ployees unless there has been a certification by the Board.
,The .parties stipulated at the hearing that the AFL and the CIO
each represents a substantial number of employees in the unit here-
inafter 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.
IV. THE APPROPRIATE UNIT
In accordance with the stipulation of the parties, we find that all
production and maintenance employees of the Company including
watchmen, checkers, passers, and sorters but excluding executives,
clerical employees, foremen and other supervisory employees, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall, in accordance with our usual procedure , direct that the
question concerning representation which has arisen be resolved by
an election by secret ballot among the employees in the appropriate
unit. The CIO contends that no election should be held at this time
inasmuch as at the time of the hearing the Board had not made any
disposition of its appeal from the action of the Regional Director
in dismissing charges filed by it against the Company.' However, the
Board approved of the action taken by the Regional Director on May
28, 1943, and the complaint case was closed on May 30, 1943. In view
'Case No. 4-C-1333.
668 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
of the above, and in accordance with our usual practice, we shall direct
that the election be held among the employees who were employed
during the pay-roll period immediately preceding the date of the
Direction of Election, subject to the limitations and additions set
forth therein.
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 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 purpose of collective ' bargaining with McNeely & Price
Co., Philadelphia , Pennsylvania , 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 Fourth Region, acting in this mat-
ter 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 dur-
ing said pay-roll period because they were ill or on vacation or tem-
porarily laid off , and including employees in the armed forces of the
United States who present themselves in person at the polls , but ex-
cluding those , 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 64, affiliated with the
American Federation ' of Labor, or by International Fur and Leather
Workers Union , Local 30, affiliated with the Congress of Industrial
Organizations , for the purposes of collective bargaining , or by neither.
MR. GERARD D. REiLLY took no part in the consideration of the above
Decision and Direction of Election.