United Fur Manufacturers Association, Inc.

National Labor Relations Board - Board Decisions

May 29, 1943

49 N.L.R.B. 1405 (N.L.R.B. 1943)

In the Matter of 'UNITED FUR 'MANUFACTURERS ASSOCIATION , INC., and
JOINT BOARD OF AMERICAN FEDERATION OF FUR WORKERS , A. F. OF L.
Case No. B-5254.-Decided May 29, 1943
Mr. John J. Cuneo, of New York City, for the Board. - '
Mr. Joseph. J. Bernstein, of New York City, for,the United.
Mr. Gustave A. Gerber, of New York City, for the A. F. of L.
Leider, Witt cC Cammer, by Messrs. Harold I. Cammer and Matthew
Silverman; of New York City, for the C. I. '0.
Or.-Arthur Leff, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Joint Board of American Federation
of Fur Workers , A. F. of L., herein called the A. F. L., alleging that a
question affecting , commerce had arisen concerning the representation
of employees of members of United Fur Manufacturers Association,
'Inc., New York City , herein called the United , the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Frank A Mouritsen , Trial Examiner. Said hearing was held
at New York City , on April 22 and 23, 1943. , Prior , to the hearing,
Greek Fur Workers Union, Local 70, herein called Local 70, and Fur
Floor Boys ' Union, Local 126 , herein called Local 125 , both affiliated
with the International , Fur and Leather Workers Union of the United
States and Canada. (C. I.0.), and collectively referred to herein, as the
C. I. 0., moved to intervene in the above -entitled proceeding , and said
motion was granted. The United , the A . F. L., and the C. , I. O.
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 Examiner 's -.rulings made at the
hearing are free from prejudicial error and are hereby affirmed.. On
April '30,1943 , the-C . 1. 0. filed x brief which , the Board has,considered.
Upon the entire record in the case ; the Board ;makes the following :
49 N., L . R. 'B., No. 196. i r r. • , , ,
.^,'.i' -' _ ` . .: ;s ^. •1405. •.
1406 DEIC'SIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACTS
I. THE BUSINESS OF THE COMPANIES
. United Fur Manufacturers Association; Inc., is a membership
corporation organized and existing under- the laws of the State ,of
New York. The United is composed of about 54 individuals, part-
nerships, corporations, or other legal entities (all,herein called Com-
panies) engaged directly and indirectly in the manufacture and sale
of furs, fur garments, and related products: A list of the members
of the United, each having its principal office and factory located in
the City and- State of New York, is set forth in Appendix A, hereto
'annexed. - -
Each member of the United, in the operation of its business, pur-
chases raw materials consisting of raw fur, silks, ribbons, tape, cotton, '
buttons, wadding, nails, cardboard, and boxes. During the period
from April 15, 1942, through April -15, 1943, approximately 75 per-
cent of the raw materials purchased by each member of the United
was purchased and shipped from. places outside the State of New
York and delivered to said member's factory and place of business
located within the State of New. York. The purchase of said raw
materials by each member of the United, listed in Appendix A, dur-
ing the period from April 15, 1942, through April 15, 1943; exceeded
the sum of $35,000.
During the same period, each member of the United, listed in
Appendix A, sold and shipped to points outside the State of Newt
York over 50 percent of its finished products, consisting of fur 'gar-
'ments and related products, all of which were manufactured within
the State of New York. The sales by each member of the United,
listed in Appendix A, during said period amounted to a sum in excess
-of '$00,000.
The Companies which are members of the United and are listed in
Appendix A, each for itself respectively admits that it is engaged
in 'commerce within the meaning of the National Labor Relations
Act. -
H. THE ORGANIZATIONS INVOLVED
,'Joint Board • of American Federation of Fur Workers , affiliated
with the American Federation of Labor, is a labor organization ^ ads
mitting to membership employees employed at-the United Companies.
Greek Fur iWorkers Union, Local-70, and Fur Floor Boys' Union,
Local 125, both affiliated - with the International Fur and Leather
Workers Union-of the United .States and Canada,,, are•,labor, organ:-,
izations, 'affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the.United Companies.
UNITED FUR MANUFACTURERS ASSOCIATION, INC. 1407
III. THE QUESTION CONCERNING REPRESENTATION -
At the time of the filing of the petition, herein," the A. F. L. and
C. I. 0. each claimed to have a valid subsisting closed-shop agree-
ment with the ,United covering the same employees for a term expiring
February 15, 1943. Prior to the expiration of such alleged, closed- -
shop agreements, the A. F. L and C. I. 0. each respectively de-
manded that the United recognize ii- as the exclusive bargaining rep-
resentative for employees of United Companies and negotiate with
it for a new contract, but the United failed to negotiate with either
of them.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the A. F. L. represents a substantial num-
ber of employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the United Companies, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT.
The A. F. L. requested an association-wide unit coextensive with
the employer membership of the United. The C. I. 0. contended that
the requested unit was inappropriate for the purposes of collective
bargaining and that the petition of the A. F. L. should therefore be
dismissed. There was no dispute among the parties as to the em-
ployee categories to be included in the_ unit,- if an association-wide
unit were found appropriate.
The United was organized in 1925 by a group of fur manufacturers
of Greek descent located in the City of New York. Its certificate
of incorporation states that one of the particular objects of its organ-'
ization is "to adjust differences between its members and their re-
spective employees or organizations of such employees.", Under its
bylaws it is authorized to negotiate collective bargaining agreements
on behalf of its members, and it is provided that agreements' "so
negotiated, when ratified at a special membership meeting called for
that purpose, are to be binding on its members. Except for a brief
period in 1938 and 1939 when it admitted a number of non-Greek
employers, its membership has always been -limited to employers, of
Greek descent. The record indicates that a substantial number of
I The petition was filed on November 3, 1942.
'-The Regional Director reported that the A F. L submitted 122 reaffirmation membership
cards, all of which bore apparently genuine original signatures ; that the names of 95 persons
appearing on the cards were listed on the pay rolls of United members for the pariod
November 11 to 25, 1942 , which pay rolls contained the names of 300 employees in the
appropriate unit ; and that the cards were dated between December 21 and 24, 1942 The
C I. 0, submitted no cards , but rested on its closed-shop contract in support- of its claim
to represent employees in the appropriate unit.
1
1408 D'EICTISrONS OF NATIONAL LABOR RELATIONS ,BrOAR1D
employers in the Greek b'ranch' of 'the fur manufacturing industry of
New York City are now members of the United.3
The separate organization of the United members into an associa-
tion formed along national lines had its roots in language and other
dissimilarities which set apart those of Greek extraction from the
bulk of the fur manufacturing industry in New York City. - It finds
its parallel in the form of employee organization. Since about 1925
when they were first organized, employees of Greek descent in' the
industry have continuously been grouped in their own locals which,
although usually affiliated with other labor organizations in the in-
dustry representing non-Greek employees, have, nevertheless,. con-
ducted their own negotiations and entered into collective bargaining
agreements with the United and other Greek employers, inde-
pendently of such other labor organizations.
Collective bargaining with members of the United has been under-
taken on an association-wide basis since 1926. From 1926 until 1938,
closed-shop agreements made by the United with Local 70 and its
predecessor organization remained continuously in effect. In 1938 the
United and Local 70 were unable to agree upon terms for a renewal of
their contract, and a strike followed which was settled in June 1938
by the execution of a tentative settlement memorandum between the
United and Local 70. Further differences arose, however, when the
United attempted to apply the settlement memorandum to non-Greek
employers who had become members of the United during the course
of the strike. The United was unsuccessful in a suit brought to coin-
pel Local 70 and labor organizations with which it was affiliated to
recognize the non-Greek employers as members of its association and
the tentative settlement agreement as a binding contract. During
the period of this litigation, bargaining relations were suspended.
Following the dismissal in August 1939 of the suit instituted, by
the United, negotiations were resumed between Local 70 and the
United, again on the basis of an association-wide unit. When these
negotiations failed to result in an agreement, another strike beginning
in November 1939 was called by Local 70. During the strike, the
American Federation of Fur Workers, to which the A. F. L. is the sue-.
cessor in interest, was formed,, and on February 15, 1940, it entered
into a closed-shop agreement with the United for a, term expiring
February 15, 1943. One of the conditions of the agreement was that
the American Federation of Fur Workers petition the Board for cer-
tification as- collective bargaining representative for employees in
the United group.
I
5 The manager of Local 70 testified that there are in New York City today about 350 fur
manufacturers of Greek descent. Of these about 54 are members of the United Of the
balance, approximately 200 operate "family" shops and about 60, principally plate
tanufacturers , employ 2 or less employees.
UNITED FUR MANUFACTURERS ASSOCIATION, INIC. 1409
Subsequently,,negotiations were opened between Local 70 and 'the
United for settlement of the strike which Local 70 was still conduct-
ing, and' these negotiations culminated on May 8, 1940, in a, closed-
shop ,agreement, also for a term ending February 15, 1943, entered
into between the United and the C. I. 0.4 covering the same employ-
ees as were covered by the closed-shop, agreement which less than 3
months previously had been entered- into between the United and the
American Federation of Fur Workers. As justification for its action
;in entering into this second closed-shop agreement, the United as-
serted at the time that the American Federation of Fur Workers had
breached the earlier closed-shop agreement by failing to supply
United members with a sufficient number of employees, and by failing
to make a sufficient slowing to the Board to justify an election. How-
ever, by letter supplementing its closed-shop agreement; the C. I. 0.
agreed that its said agreement would cease and have no effect 'in the
event that the American Federation of Fur Workers was certified by
the Board.
The American Federation of Fur Workers refused, to recognize the
C. I. 0. contract as supersediflg its own closed-shop contract, and
promptly instituted an action for breach of contract, which is still
pending undetermined, against the United and its individual mem.
bers. Thereafter, the United observed neither contract. Some
,United members recognized the A. F. L. as the bargaining agent for
their employees ; others recognized the C. I. 0.; still others recognized
neither. In November 1940, the C. I. 0. instituted an action against
the United for specific performance of its closed-shop agreement. In
this action, the United urged in substance that it had understood
each of the conflicting closed-shop agreements to be conditional upon
certification by the Board of, the respective contracting union, and
that, until the question of representation had been settled by the
Board, it was unable to determine Which labor organization was the
proper bargaining agent for the 'employees of its members.
In September 1941 a hearing was conducted by the Board upon a
petition filed by the A. F. L. for investigation and certification of
representatives pursuant to Section 9 (c) of the Act, and the parties
to the instant proceeding participated therein. After the conclu-
sion of the hearing, but before the Board issued its decision, the par-
ties to' the instant proceeding entered into a "Stipulation For Certi-
fication Upon Consent Election" for the purpose. of determining the
question of representation. The parties stipulated that the election
be held -in an association-wide unit. An election was held 'on Novem-
ber 13, 1941. The results of the balloting were indecisive, showing
4 Roth Local 70 and Local 125-'were patties to this agreement, and were collectively
referred to therein as the "Union "
'1'410 DECISIONS OF NATIONAL LABOR REiLATIONS BOARD
222 votes cast for the A. F. L., 213 for the C. I. 0., 5 for neither, and
20 ballots challenged.' Thereafter, the C. I. O. filed objections to the
conduct of the election, and the A. F. L. filed objections to the Re-
gional Director's ruling on some of the challenged ballots. After a
hearing on the objections, the Board, on August 19, 1942, vacated and
set aside the results of the election, and on October 2, 1942, issued an
Order dismissing the petition•m that proceeding.5
On November 3, 1942, the United and the C. I. O. effected a settle-
ment of the action which had been instituted by the C. I. 0., and, by
written agreement, reaffirmed their contract of May 8, 1940. On the
same day the A. F. L. filed its petition in the present proceeding.
Following the reaffirmation agreement, a joint conference commit-
tee composed of representatives of the United and the C. I. O: was
established pursuant to the C. I.-O. contract, and meetings were held
in November and December 1942 and in January 1943 at which efforts
were made to compose existing differences arising principally from
the failure- of 11 United members to discharge employees who were
not members of the C. I. O. In the meantime, on December 28, 1942,
the C. I. O. requested the United to negotiate a new agreement to re-
place the then current agreement expiring on February 15, 1943, and on
December 31, 1942, instituted an action to compel performance by the
United and its 1.1 alleged non-complying members of the then existing
closed-shop agreement.
The C. I. O. urges, on the basis of the foregoing facts, that the his-
tory of collective bargaining in an association-wide unit, at least
since 1938, has been one of "unsuccessful bargaining" and has demon-
strated that the United lacks authority from its employer members
to engage in collective bargaining and enter into binding agreements
on their joint behalf. While it is clear that during the past several
years collective bargaining has not functioned properly in the seg-
nment of the fur manufacturing industry represented by the United,
we are persuaded that this unsatisfactory condition to a considerable
extent has been due to the unsettled question of representation, the
existence of separate closed-shop contracts ii ith competing unions, and
the litigation which has ensued therefrom. Both of the conflicting
contracts have now expired, and the question of 'representation may
be resolved through this proceeding. As previously noted, authority
is granted to the United States under its bylaws to engage in col-
lective bargaining and to enter into binding agreements on'behalf
of its members. In its previous course of dealings with the United,
the C. I. O. has always acknowledged the authority of the United to
exercise employer functions in collective bargaining for its members,
i
5 Matter of Untied Fur Manufacturers Aseociation. Ire and American Federation of Fur
Workers, Local 22358, 43 N. L R. B. 369, 44 N. L. R B 758. 1
'-UNITE'D' FU'R MANUFACTURERS ASSOCIATION, INC. 1411
and in the actions which it has instituted against the United and its
members has recognized that the contracts made by the United were
no less binding upon the individual members than individual member
contracts would have been.
The contention of the C. I. 0. that individual employer units rather
than an association-wide unit constitute the appropriate forms for
collective bargaining with United members is weakened by the fact
that all its efforts to date have been to deal with United members on
an association-wide unit. Contracts on such a basis were continuously
in force from 1926 to 1938. Although no contracts were in effect dur-
ing 1938 and 1939, the C. T. 0. attempted' to ' deal with the United
members on such a basis. In 1940, the C. I. 0. signed a new contract
on an association-wide basis. In November 1942, the C. I. 0. reaf-
firmed its contract on this basis, and as late as December 1942, after
the petition herein was, filed, it requested the United to enter into
negotiations, premised on the continuance of an association-wide unit,
for a renewal of the contract expiring February 15, 1943. The fact
that since December 1942 the'United has been without a president or
a' board of directors and has not succeeded in convening a quorum
for the purpose of filling these vacancies, is not sufficient, particularly
in view. of, the circumstances set forth above, to warrant our conclud-
ing that collective bargaining on an association-wide basis will prove
finworkable in the event the representation dispute is resolved. The
United still exists as an entity;; there is no showing that its constit-
uent members have evinced a desire to abandon bargaining upon the
basis historically established..
In view of all the circumstances, we are reluctant; upon the showing
made by the C. I. 0., to disturb the association-wide form of unit
which has become traditional in the Greek segment of the New York
City fur manufacturing industry, to which United members are bound
legally to adhere, and which in the past has been recognized. by each
of the-contesting labor organizations as an appropriate formtof unit
for collective bargaining.
Accordingly, and pursuant to the stipulation of the parties relating
to the employee categories to be included in the unit, we find that all
production employees performing matching, cutting, squaring, operat-
ing, nailing and clipping, glazing, ironing, striping (done insfactory),
finishing, taping and staying, examining, and stapling (for nailing
purposes), and floor boys performing such work as is not done by the
skilled craftsmen, in the productive processes of the fur business, em-
ployed by members 6 of the United Fur Manufacturers Association,-
Inc., New York City, exclusive of superintendents, designers, foremen,
salesmen, administrative and office employees,, constitute a unit appro-
e The members of the United are listed in Appendix A hereto attached
531047-43-vol 49-90
1412 DEICTS1ONS OF NATIOA'AL LABOR RELATIONS BOARD
priate for the purposes of collective bargaining within the meaning of
Section 9- (b)^ of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
At the hearing the A. F. L. requested that voting eligibility be
restricted to those employees in the appropriate unit who had worked
50 hours or more for any one or more employer members of the United
during the 2-week period, immediately preceding the eligibility date
The C. I. 0., while otherwise acquiescing in this . request, contended
that the , eligibility restriction should be even more circumscribed and
should require that such 50 hours ' work must have been performed for
the same employer member. In view of the fact that the 'election
hereinafter directed is to be held on an association -wide basis , we agree
with the position of the A. F. of L.
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 Elec-
tion, subject to the limitations and additions hereinafter and in the
Direction set forth . The .term employees as used in this paragraph
and in the Direction shall be deemed to include only such employees
who, during the 2-week period immediately preceding the date of the
Decision and Direction of Election herein, worked 50 hours or' more
for any one or more employer members of the United . In its applica-
tion to such persons within the unit who during said pay-roll' period
were ill , or on vacation , or temporarily laid off, or in the armed forces
of the United States, the term employees shall be deemed to include
only such employees , who during the 2-week period immediately pre-
ceding their illness, or vacation , or temporary lay-off, or induction
into the armed ' forces of the United States , worked 50 hours or more
for any one or more employer members of the United.
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 representa-
tives for the purposes of collective bargaining with United Fur Manu-
facturers Association , Inc., as representative of its member employers
listed in Appendix A, hereto annexed , New York City , 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
UNITED FUR MANUFACTURERS ASSOCIATION, INC. 1413
and, supervision of the Regional Director for the Second Region, act-
ing 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, subject to the limitations set forth in Section V, above,
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 because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselevs in person at the polls, but excluding
those employees who have since quit or been discharged for cause, to
determine whether they desire to be represented by Joint Board of
American Federation of Fur Workers, affiliated with the American
Federation of Labor, or by Greek Fur Workers Union, Local 70, and
Fur Floor Boys' Union, Local 125, both affiliated with the Interna-
tional Fur and Leather Workers Union, of the United States and
Canada (C. I. 0.), for the purposes of collective bargaining, or by
neither.
APPENDIX A
A. & C. Fur Co_______________________________ 129 W. 27th St.
Alexander Bros. Fur Co., Inc------------------- 231 W. 24h St.
American Fur House, Inc . ____________________ 158 W. 29th St.
N. D. Angell, Inc----------------------------- 231 W. 29th St.'
Avazis Bros. & Demetriou______________________ 214 W. 29th St.
Bakalis Bros__________________________________ 322-8th Ave.
W. Barkas____________________________________ 242 W. 27th St.
Bendo Bros.,Inc------ ------------------------ 333-7th Ave.
Benjou Bros______________ -------------------- 214 W. 29th St.
Berros & Karalis-------------------------- ----- , 245-7th Ave.
Boutis Fur Co--------------------------------- 253 W. 27th St.
T. Boutis & Tsirlemes_________________________ 259 W. 30th St.
Caledonia Fur Co----------------------------- 307-7th Ave.
Dimotsis, Rose & Tsonas------------------------ 305-7th Ave.
Doykos & Rappaport__________________________ 150 W.. 28th St.
Favorite Fur Co., Inc-------------------------- 208 W. 30th St.
The G. B. Fur Company ------------------------- 236 W. 27th St.
G. Fur Novelty Co., Inc__-- ------------------- -- 242 W. 30th St.
George Bros. & Co---------------------------- 236 W. 27th St.
A. E. Ge'orgeou_______________________________ 214 W 29th St.
Getsos & Gershman---------------------------- 150 W. 28th St.
Peter Kaiteris_________________________________ 236 W. 26th St.
Kalkstein & Gray__________________________ ___ 245 W. 29th St.
Kalhnikos Bros_______________________________ 209 W. 26th St.
1414 DECISIONS OF, NATIONAL LABOR R-ELA(I°IONS BOOARID
L. K. & D. Fur Corp-------------------------- 226 W. 29th St.
Thom Mackris-------------------------------- 307-7th Ave.
Macris & Kaptan_____________________________ 130 W. 30th,St-
Messaris & Dimitriou__________________________ 245 W. 27th St.
L. Milona & Bros_____________________________ 214 W. 29th St.
Modern Fur Garment Co----------------------- 134 W. 29th St_
Natzis & Co., Inc----------------------------- 253 W. 26th St.
Nick Nicolas____________________________; _____ 236 W. 27th St.
Nicolis Bros__________________________________ 305-7th Ave.
John Onuska----------------------------------- 131 W. 30th St.
James Ottas__________________________________ 236 W. 27th St.
M. Panos_________'___________________________ 137 W. 28th St.
L. Pantelides, Inc----------------------------- 305-7th Ave.
Pappas & Langiotis------------------------------ 104 W. 29th St.
A. Petras & Co______;_,_____________________ 249 W. 29th St.
Petras & Alevras---------------------------------- 115 W. 30th St.
Rosenberg Bros ._________------ - --------------- 352-7th Ave.
Rusuli Brothers Corp__________________________` 312-7th Ave.
Rusuli & Karatzia_________________________ 253 W. 27th St.
Shoukas Bros_________________________________ 252 W. 30th St.
Stathis Bros__________________________________ 141 W. 28th St.
Strezou Bros., Inc----------------------------- 251 W. 36,thhSt..
Harry Strezou Fur Co------------------------- 312-7th Ave.
Theoharous Bros,______________________________ 1261 Broadway
A. Thomas & Co------------------------------ 245 W. 27th St.
Tsaveku Bros_________________________________ 146 W. 29th St.
Elias Tsistinas________________________________ 104 W. 29th St.
N. Tsistinas & Kratsios________________________ 253 W. 27th St.
Voziou Bros__________________________________ 330-7th Ave.
Zagoreos Bros., Inc---------------------------- 252 W. 30th St.
k