Textileather Corp.

National Labor Relations Board - Board Decisions

Apr 28, 1943

49 N.L.R.B. 199 (N.L.R.B. 1943)

In the Matter of TEXTILE:ITHER CORPORATION and TExTILE WORKERS
UNION. oF..AMERIaa= (CIO)
Case No. B-5053.-Decided April 28,1943
Mr. Henry R. Bloch, of Toledo, Ohio, for the Company.
Messrs. Ellie Bush and 'Thomas N. Russell,-both of Toledo, Ohio,
for the Union. -
Mr. David V. Easton, of counsel to the Board.
DECISION
AND -
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon petition duly filed by Textile Workers Union of America
(CIO), herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of the employees
of Textileather Corporation, Toledo, Ohio, herein called the'Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Louis Plost, Trial Examiner.
Said hearing was held at Toledo, Ohio, on March 26, 1943. The Com-
pany and the Union appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner'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
I. THE BUSINESS OF THE COMPANY
Textileather Corporation, a Delaware corporation licensed' to do
business in the State of Ohio, with its principal plant and office lo-
cated in Toledo, Ohio, is engaged in the business of coating and finish-
ing cotton textiles. During the year 1942 the Company purchased
raw materials valued in excess of $1,000,000, of which more than 90
percent was purchased from points outside the State of Ohio. During
the same period, the Company sold finished products valued in excess
49 N. L R. B, No. 27.
199
200 ' DEICISIONS OF NATIONAL LABOR RELATIONS BOARD
of $2,000,000, of which 89 percent was sold and shipped to points
outside the State of Ohio. The- Company is engaged in production
for the national war effort and admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION '
The Company refuses to grant the Union recognition as the exclu-
sive bargaining representative until it has been certified by the Board.
A statement of the Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter 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
The Union contends that all of the employees of the Company em-
ployed as guards comprise an appropriate unit.2 The Company urges
that plant guards are not an appropriate unit and should not be per-
mitted to choose a collective bargaining agent since they have been
sworn in as members of the Auxiliary Military Police and are deputy
sheriffs of Lucas County, Ohio. We have frequently found that plant
guards hired and paid by employers are employees within the meaning
of the Act and may designate a representative for the purposes, of col-
lective bargaining even though they are members of the Auxiliary
Military Police 3 or have been deputized as law enforcement officers.4
Accordingly, the Company's contention is rejected. We find that all
guards of the,Company, excluding supervisors, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
1 The Field Examiner reported that the Union submitted 13 designation cards of which
12 tore apparently genuine original signatures Ten of these 12 signatures are the names
of persons appearing upon the Company 's pay roll of March 4 , 1942. This pay roll
contained the names of 12 persons within the appropriate unit
I Local 224 of the Union is' presently recognized by the Company in a contract as the
exclusive representative of certain of the Company 's employees excluding , among others,
the guards
Matter of W. Sherman Burns , Raymond J . Burns, Ashley John Burns , and William J.
Burns; co-partners , dba under the form, name and style of William J. Burns Detective
Agency and American Federation of Labor, 47 N L. R. B 648, and cases cited theieiu.
Matter of Westinghouse Airbrake Company and United Electrical, Radio 6 Machine
Workers of America, Local No. 610, 42 N, L. R. B. 525.
TEXTILEATHER CORPORATION - 201
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-
ployees in the appropriate unit 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 Direc-
tion.
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 Relations 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 representatives
for the purposes of collective bargaining with Textileather Corpora-
tion, 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
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 during said pay-roll period be-
cause they were ill or on vacation or temporarily laid off, and includ-
ing 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, to determine whether or
not they desire to be represented by Textile Workers Union of America,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.