Textileather Corp.

National Labor Relations Board - Board Decisions

Aug 27, 1941

35 N.L.R.B. 7 (N.L.R.B. 1941)

In the Matter of TEXTILEATHER CORPORATION and FEDERAL LABOR
UNION No. 22008 (A. F. L.)
Case No. R-2811.-Decided August 07, 1941
Jurisdiction : leather products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; contract in effect for more than one year
and shortly to expire, no bar to; supplemental agreement providing for a
closed-shop entered into after filing of petition and after formal notice of
the claim of a rival organization, no bar to; eligibility to be determined by
a pay roll preceding execution of supplemental agreement providing for a
closed shop ; election necessary.
Unit Appropriate for Collective Bargaining : all employees, excluding execu-
tives, managers, superintendents, foremen, office employees, timekeepers, cost
clerks, and laboratory technicians.
Marshall, Melhorn, Davies, Wall & Block, of Toledo, Ohio, by
Mr. Henry R. Bloch, for the Company.
Mr. John W. Hackett, of Toledo, Ohio, for the A. F. of L.
Mr. Isadore Katz of New York City, for the C. I. O.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 8, 1941, Federal Labor Union No. 22008, affiliated with
the American Federation of Labor, herein called the A. F. of L., filed
with the Regional Director for the Eighth Region (Cleveland, Ohio)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Textileather Corpora-
tion, Toledo, Ohio, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On July 24, 1941, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act,
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
35 N. L. R. B., No. 2.
7
8 bECISIONS OF NATIONAL LABOR RELATIONS BOARD
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On July 24, 1941, the Regional Director issued a notice of hear-
ing. copies of which were duly served upon the Company, upon the
A. F. of L., and upon Textile Workers Union of America, Local No.
224, affiliated with the Congress of Industrial Organizations, herein
called the C. I. 0., a labor organization claiming to represent em-
ployees directly affected by the investigation. Pursuant to notice,
a hearing was held on July 29, 1941, at Toledo, Ohio, before Harry
L. Lodish, the Trial Examiner duly designated by the Chief Trial
Examiner. The Company, the A. F. of L., and the C. I. 0., were
represented by counsel and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing, the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds _
that no prejudicial errors were committed. The rulings are hereby
affirmed. On August 10, 1941, the A. F. of L. and the C. I. O. filed
briefs which have been considered by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THV COMPANY
Textileather Corporation is a Delaware corporation engaged in
the manufacture of fabricated leather products, finished corduroys,
and automotive head linings in Toledo, Ohio. The principal raw
materials used by the Company are cotton goods, corduroys, coated
fabrics, and chemicals of which approximately 90 per cent are shipped
to the Company from places outside the State of Ohio. The Com-
pany's annual sales amount to more than $1,000,000 in value, of which
95 per cent represent products sold and delivered to places outside
the State of Ohio. At the hearing the parties stipulated that the
Company is engaged in interstate commerce within the meaning
of the Act and subject to the jurisdiction of the Board.
II. TIIE ORGANIZATIONS INVOLVED
Federal Labor Union No. 22008 is a labor organization affiliated
with the American Federation of Labor. It admits to membership
employees of the Company.
Textile Workers Union of America, Local No. 224, is a labor organ-
ization affiliated with the Congress of Industrial Organizations. It
admits to membership employees of the Company.
TEXTILEATHER CORPORATION 9
III. THE QUESTION CONCERNING REPRESENTATION
On October 1, 1939, the C. I. O. entered into a collective bargaining
contract with the Company which recognized the C. I. O. as the ex-
clusive representative of the Company's employees. The contract was
renewed on October 1, 1940, with the provision that it would be
automatically renewed each year unless notice of intention to change
or terminate it were given by either party 60 days prior to its
expiration date.
On July 8, by letter, the A. F. of L. informed the Company that a
petition had been filed with the Regional Director; that the A. F. of
L. represented a majority of the Company's employees; and that such
majority did not recognize the contract between the Company and
the C. I. O. The A. F. of L. expressed its readiness to negotiate a
contract at the Company's earliest convenience. It does not appear
that the Company replied to this letter.
On July 12, 1941, the C. I. O. entered into a supplemental agree-
ment with the Company which made membership in the C. I. O. a
condition of employment.
The C. I. O. contends that its contracts with the Company con-
stitute a bar to this proceeding. The contention is without merit.
The contract of October 1, 1939, has already been in effect for more
than 1 year and its expiration date, subject to the termination provi-
sion, is imminent.' Moreover, the supplemental agreement of July
12, 1941, providing for a closed shop cannot be considered a bar to
a determination of the issues herein since it was entered into after
the petition in this case was filed and after formal notice of the claim
of a rival labor organization to exclusive recognition was given to
the Company.
At the hearing there was introduced in evidence a report of the
Trial Examiner showing substantial memberships in the C. I. O. and
the A. F. of L.3
We find that a question has arisen concerning the representation
of employees of the Company.
1 See Matter of J Edwards & Co and United Shoe Workers of i.mei ice, Local 127, C. 1. 0 ,
20 N L. R. B. 244, and cases cited ; see also Matter of McLouth Steel Corporation and
Local 174 , International Union , United Automobile Workers of America, affiliated wtith the
Congress of Industrial Organizations , 30 N L. R B. 1000, and cases cited.
9 See Matter of Sloss Sheffield Steel & Iron Company and Brotherhood of Railroad Train-
men, etc, 14 N. L. R. B. 186; Matter of General Dry Batteries ,' Inc and Battery Workers'
Federal Labor Union, No 29516, A F of L, 29 N L. R B. 1017
3 The A F. of L . submitted to the Trial Examiner 309 cards bearing apparently genuine
signatures of persons authorizing the A. F. of L. to represent them. Almost all the cards
were dated a few days prior to July 9, 1941. Two hundred ninety -seven of ' the signatures
were the names of persons appearing on the Company's July 28, 1941, pay roll.
The C I 0 submitted 406 cards bearing apparently genuine signatures , 349 of which
were the names of persons appearing on the Company's July 28, 1941 , pay roll Almost
all the cards were dated a few days after July 9, 1941, and approximately 135 of the cards
contained a clause purporting to revoke authorizations previously given to the A. F. of L
The Company employs between 500 and 550 persons
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated at the hearing that the appropriate unit
should consist of all employees of the Company except executives,
managers, superintendents, foremen, office employees, timekeepers,
cost clerks, and laboratory technicians. The stipulated unit is almost
identical with the unit covered in the contract between the C. I. 0.
and the Company, differing only in that supervisors ,4 who are ex-
cluded from the coverage of the contract, are included within the
unit stipulated. These supervisors are eligible to membership in
both unions.
In accordance with the stipulation, we find that all employees of
the Company, excluding executives, managers, superintendents, fore-
men, office employees, timekeepers, cost clerks, and laboratory tech-
nicians, constitute a unit appropriate for the purposes of collective
bargaining. We further find that said unit will insure to employees
of the company the full benefit of their right to self-organization and
to collective bargaining and otherwise effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. The C. I. 0. contends that a current pay-
roll date should be used to determine eligibility to vote in this election
while the A. F. of L. requests that an earlier pay roll be used. Since
the supplemental agreement, dated July 12, 1941, required membership
in the C. 1. 0. as a condition of employment after that date, we believe
that eligibility to vote should be determined on the basis of the pay
roll immediately preceding the execution of the supplemental agree-
ment. We shall direct that all employees in the appropriate unit
4 The record does not disclose the nature of the duties of supervisors or indicate the dis-
tinction between them and other persons working in supervisory capacities.
5 See Matter of General Dry Batteries , Inc. and Battery Workers ' Federal Labor Union,
No. 22516, A. F. of L , 29 N. L . R. B. 1017.
TEXTILEATHER CORPORATION 11
whose names appear on the Company's pay roll immediately preceding
July 12, 1941, subject to such limitations and additions as are set forth
in the Direction, shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Textileather Corporation, Toledo, Ohio,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All employees of the Company, excluding executives, managers,
superintendents, foremen, office employees, timekeepers, cost clerks,
and laboratory technicians, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Textileather Corporation, Toledo, Ohio, 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 Eighth Region, acting
in this matter as agent for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations, among
all employees of the Company who were employed during the pay-roll
period immediately preceding July 12, 1941, including employees who
did not work during said pay-roll period because they were ill or
on vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding executives, managers,
superintendents, foremen, office employees, timekeepers, cost clerks,
and laboratory technicians, and employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by Federal Labor Union, No. 22008, affiliated with the American
Federation of Labor, or by Textile Workers Union of America, Local
No. 224, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining, or by neither.