Union Tanning Co.

National Labor Relations Board - Board Decisions

Aug 10, 1940

26 N.L.R.B. 484 (N.L.R.B. 1940)

.1 i
'In the Matter of UNION TANNING COMPANY and UNION TANNING
COMPANY-EMPLOYEES' ASSOCIATION
,Case No. R-1954,.-Decided August 10, 19110
Jurisdiction : tanning industry.
Investigation , and Certification of Representatives : existence of question where
employer refuses to,accord recognition to union; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees on' an Hourly basis excluding supervisory and clerical employees.
'.Pitney, Flardin• cf; 'Skinner, by Mr. Wittiam J. Brennen, Jr., of
Newark, N. J., 'for the' Company.' . ' 1
Mr.t J. N. Seymour, 'Of Salamanca, N. Y., for the Association.
Mr. Rudolph. F. Klancer,' of Gowancia, N. Y., for' the International.
Mr! Louis.Cokin, of counsel' to the Board
DECISION
'AND
DIRECTION OF ELECTION
1: STATEMENT OF THE 'CASE
On May 22, 1940, Union Tanning Company Employees' Associa-
tion, herein called the Association, filed with the Regional Director
for the Third Region (Buffalo, New York) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Union Tanning Company, Salamanca, New York,
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 6, 1940, 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 authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On July 10, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Association,
and upon International Fur & Leather Workers Union of United
States and Canada, herein called the International, a tabor organiza-
tion claiming to represent employees directly affected by the investi-
26 N. L. R. B, No. 45
484
UNION TANNING COMPANY 485
gation. Pursuant to notice, a hearing was held on July 20, 1940, at
Salamanca, New York, before Edward D. Flaherty, the Trial Examiner
duly designated by the Board. The Company and the Association
were represented by counsel, the International by its representative,
and all participated in the hearing. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. The Trial Examiner
granted a motion to intervene filed by the International. During
the course of the hearing the Trial Examiner made several rulings
on other motions and on objections to the admission of evidence.
The Board has reviewed all the rulings of the Trial Examiner and
finds that no prejudicial errors were committed. These rulings are
hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Union Tanning Company, a New Jersey corporation, operates a
tannery at Salamanca,, New York, where it is engaged in the tanning
of hides. The Company tans hides on contract for other companies.
The cost of hides shipped to it for'the period from November 1, 1939,
to June 30, 1940, was approximately $550,000: During this same
period the gross market value of the finished leather produced by
the Company was valued at approximately $850,000. Approximately
all of the raw materials shipped to the Company are shipped from
points outside the State of New York and, approximately all of the
finished leather is shipped by the Company to points outside the State
of New York. The Company employs approximately 147 employees
at its Salamanca tannery.
II. THE ORGANIZATIONS INVOLVED
Union Tanning Company Employees' Association is an unaffiliated
labor organization, admitting to membership all production and main-
tenance employees of the Company, excluding supervisory and clerical
employees.
International Fur & Leather Workers Union-of United States and
Canada is a labor organization affiliated with the Congress of Indus-
trial Organizations. It admits to membership all production, and
maintenance employees of the Company, excluding supervisory and
clerical employees.
III. THE QUESTION CONCERNING REPRESENTATION
On May 4, 1940, the Association, claiming to represent a majority
of the Company's employees , asked the Company for a conference for
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486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the purpose of collective bargaining. On May 6, 1940 , the Company
replied by letter that it would be willing to bargain with the Associa-
tion if it could prove that it represented a majority of the employees.
At the hearing a report of the Regional Director concerning the
representation claims of the Association and the International was
introduced into evidence . The report , based on a copy of the Associa-
tion's bylaws and constitution signed by employees and the Inter-
national's signed membership application cards, all of which were
submitted to the Regional Director, shows that both the Association
and the International are the authorized representatives of a sub-
stantial number of the employees of the Company.
We find that a question has arisen concerning the representation
of employees of the Company.
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, Sand substantial rela-
tion 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 Association, the International, and the Company agreed at the
hearing that the appropriate unit should consist of all production
and maintenance employees on an hourly basis, excluding supervisory
and clerical employees. The only controversy concerning the unit con=
cerns Chester Wymar and Joseph Wodarek. The Association and the
Company urge the inclusion of these two employees and the Inter-
national desires their exclusion.
Chester Wymar is employed in the shipping department of the
Company, where he is engaged in the loading of freight cars and
piling of stock. He works with another employee and although he
shows the other employee where to pile the various materials, he
has no authority to recommend the hiring or discharging of this
employee. We find that Wymar should be included in the unit.
Joseph Wodarek is classified by the Company as a repairman. His
duties take him to all parts of the tannery and in addition to his regular
duties he administers first aid to other employees when necessary.
He has no supervisory duties whatsoever and he is in close contact
with the production workers. We find that Wodarek should be in-
cluded in the unit.
We find that all production and maintenance employees on an hourly
basis, excluding supervisory and clerical employees, constitute a unit
UNION TANNING COMPANY 487
appropriate for the purposes of collective bargaining and that said
unit will insure to the employees of the Company their full 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 Company , the Association , and the
International agreed at the hearing that all the employees of the
Company whose names appear on the July 15, 1940, pay roll should
be eligible to vote in the election . We shall direct that the employees
of the Company eligible to vote in the election shall be those in the
appropriate unit whose names appear on the pay roll of July 15, 1940,
including employees who did not work during such pay-roll period
because they were ill or on vacation and employees who were then or
have since been temporarily laid off, but excluding those employees
who have since quit or have been discharged for cause.
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 Union Tanning Company, Salamanca, New
York, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All production and maintenance employees on an hourly basis,
excluding supervisory and clerical employees, constitute a unit appro-
priate for the purposes 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 Union Tanning Company, Salamanca, New York, 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 Third Region, acting
in this matter as agent for the National Labor Relations Board, and
488 DECISIONS OF NATIONAL LABOR RELATIONS BOAR
subject to Article III, Section 9, of said Rules and Regulations, among
all the production and maintenance employees on an hourly basis
whose names appear on the Company's pay roll of July 15, 1940,
including employees who did not work during such pay-roll period
because they were, ill or on vacation and employees who were then
or have since been temporarily laid off, but excluding supervisory and
.clerical employees and employees who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by Union Tanning Company Employees' Association, or by Inter-
national Fur. & Leather Workers Union of United States and Canada,
affiliated with the -Congress of Industrial Organizations, for the
-purposes of collective bargaining, or by neither.
,MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Direction of Election.