Standard Finish Co.

National Labor Relations Board - Board Decisions

Sep 12, 1944

58 N.L.R.B. 201 (N.L.R.B. 1944)

In the Matter of STANDARD FINISH COMPANY and UNITED LEATHER
WORKERS INTERNATIONAL UNION (A. F. L.) LOCAL 21
Case No. 1-B-1971.-Decided September 12, 1944
Mr. James C. Greene, of Peabody, Mass., for Standard.
Mr. James F. Dunn, of Peabody, Mass., for the A. F. L.
Grant & Ango ff, by Mr. Sidney S. Grant, of Boston, Mass., for the
C..I.O.
Messrs. Robert Silagi and Wallace E. Royster, of counsel to the
Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Leather Workers Interna-
tional Union (A. F. L.) Local 21, herein called the A. F. L., alleging
that a question affecting commerce had arisen concerning the rep-
resentation of employees of Standard Finish Company, Peabody,
Massachusetts, herein called Standard, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
John W. Coddaire, Trial Examiner. Said hearing was held at Salem,
Massachusetts, on July 27, 1944. Standard, the A. F. L., and Inter-
national Fur' and Leather Workers Union of the United States and
Canada (C. I. 0.), herein called the C. I. 0., appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses; and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF STANDARD
Standard Finish Company is a copartnership maintaining its prin-
cipal office and place of business in Peabody, Massachusetts, where it
58 N. L. R. B., No. 41.
201
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tans leather and manufactures leather finishes. The principal raw
materials used in these operations consist of various dyestuffs, chemi-
cals, and oils, approximately one-third of which is processed from
sources outside the Commonwealth of Massachusetts. During the, 6
months next preceding the hearing Standard purchased raw mate-
rials worth about $10,000, and produced finished products valued at
about $80,000, of which 40 percent was shipped from the plant in
Peabody to points located outside the Commonwealth of Massachusetts.
Standard concedes, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
United Leather Workers International Union, Local 21, affiliated
with the American Federation of Labor, is a labor organization
admitting to membership employees of Standard.
International Fur and Leather Workers Union of the United States
and Canada, affiliated with the Congress of Industrial Organizations,
is a labor organization admitting to membership employees of
Standard.
III. THE QUESTION CONCERNING REPRESENTATION
Standard refused to grant recognition to the A. F. L. as the exclu-
sive bargaining representative of its employees, suggesting that the
issues in dispute be settled in a proceeding before the Board.
In January 1940, Standard was organized by James C. Greene and
Henry DiCroce. As stated above, Standard manufactures the fin-
ishes that are applied to leather. It also does contract, tanning for
various firms in Peabody and Salem, Massachusetts, and New York
City. One year after the organization of Standard, Greene and Di-
Croce, together with Moses Snyder, formed the Leather City Tan-
ning Company, herein called Leather City, for the purpose of finish-
ing leather. Leather City adds finishing compounds to tanned leather
and then sends the leather to another processor for printing. The
completed product is returned to its owner by Leather City. Stand-
ard and Leather City occupy portions of the same building which is
owned by DiCroce. While both companies are under the sane active
management, have a common office force, and use a single shipping
room, nevertheless, each maintains its own pay roll, separate books
of account, and separate foremen. Standard does no tanning for
Leather City but the latter finishes skins for Standard which is then
billed for the work done. There is no interchange of employees ex-
cept in the case of one schoolboy who is sometimes transferred be-
tween the companies, in which case he is also transferred from one
pay roll to the other.
STANDARD FINISH COMPANY 203
In April 1941 , the C. I. O. executed a collective bargaining agree-
ment with Leather City covering production and maintenance em-
ployees. The contract was renewed in 1943 and its present , term ex-
pires on December 31, 1944. The C. I. O. contends that this contract
also covers the employees of Standard and thus is a bar to this pro-
ceeding. Standard and the A. F. L. deny that the contract has any
application to Standard 's employees . The C. I. O. alleges that the
two companies are really one concern, that their business is inte-
grated and that it was the intention of the parties to include the
employees of Standard in the contract executed with Leather City.
The contract , however, on its face was made between the C. I. O.
and Leather City and nowhere therein is Standard or its employees
mentioned . Accordingly, the contract - cannot be successfully urged
as a bar to the investigation and determination of representatives
of employees of another employer, not a party to the contract, who
are not expressly covered by its written term.l" _ We find that the
contract does not constitute a bar to a present determination of
representatives.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the A. F. L. represents a substantial number of
employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of Standard , within the meaning of
-Section 9 ( c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree, and we find, in substantial accord with their
agreement, that all production and maintenance employees of Stand-
ard, including part-time employees who work 20 hours or more per
week, but excluding the chemist, the assistant chemist, all office and
clerical employees, executives, foremen and any other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute 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 direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
i See Matter of Champion Aeio and Metal Products , Inc, 55 N L. R. B 1136.
2The Field Examiner reported that the A F. L submitted 23 application cards, 15 of
which bore names of persons appearing on Standard ' s pay roll of June 24 , 1944, which
contained the names of 26 employees in the appropriate unit. With the exception of 3, all
cards were dated in December 1943
The C I . O. relies upon its contract as evidence of its representation.
204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees 'in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tionherein, 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 3, as amended, it is_
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Standard Finish
Company, Peabody, Massachusetts, 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 First Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, 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 preced-
ing the date of this Direction, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by
United Leather Workers International Union (A. F. L.), Local 21,
or by International Fur and Leather Workers International Union
of the United States and Canada (C. I. 0.), for the purposes of col-
lective bargaining, or by neither.
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Direction of Election.