Victoria Hides & Skins, Inc.

National Labor Relations Board - Board Decisions

Feb 17, 1944

54 N.L.R.B. 1436 (N.L.R.B. 1944)

In the Matter Of VICTORIA HIDES & SKINS, INC. and POCKETBOOK
WORKERS UNION OF NEW YORK, UNAFFILIATED
In the Matter of VICTORIA HIDES & SKINS, INC. and LEATHER WORKERS
OF GREATER NEW YORK, LOCAL No. 35, INTERNATIONAL FUR AND
LEATHER WORKERS UNION OF U. S. AND CANADA (CIO)
Cases Nos. 2-R-4263 and 2-R-4324, respectively.-Decided February
17, 194~4,
Mr. Simon S. Nessim, of New York City, for the Company.
Boudin, Cohn & Glickstein, by Miss Belle Seligman, of New York
City, for the Pocketbook Workers.
Isserman, Isserman & Kapelsohn, by Mr. Irving Leuchter, of New-
ark, N. J., for the Leather Workers.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Pocketbook Workers Union of New
York, Unaffiliated, herein called the Pocketbook Workers, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Victoria Hides & Skins, Inc., New York
City, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Cyril
W. O'Gorman, Trial Examiner. Said hearing was held at New York
City on October 18, 1943. The Company, the Pocketbook Workers,
and Leather Workers of Greater New York, Local No. 35, Interna-
tional Fur and Leather Workers Union of U. S. and Canada (CIO),
herein called the Leather Workers, 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. At the commencement of the hearing
the Leather Workers moved to consolidate the present proceeding with
54 N. L . R. B., No. 224.
1436
VICTORIA HIDES & SKINS, INC. 1437
a petition for investigation and certification of representatives sub-
sequently filed by the Leather Workers. The motion of the Leather
Workers to consolidate the present proceeding with the subsequent pe-
tition aforesaid,' is hereby granted nurse pro tune, and the petitions in
Case No. 2-R-4263 and Case No. 2:-R-4324 are hereby consolidated.
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 THE COMPANY
Victoria Hides & Skins, Inc., a New York corporation, has its prin-
cipal office and place of business in New York City where it is engaged
in, the manufacture, distribution, and sale of leather wallets and re-
lated products. During the period from September 1, 1942, to August
31, 1943, the Company purchased for use at its New York City plant
raw materials valued at approximately $25,000, of which 50 percent
was obtained from points outside the State of New York. The Com-
pany admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
U. THE ORGANIZATIONS INVOLVED
Pocketbook Workers Union of New York is an unaffiliated labor
organization admitting to membership employees of the Company.
Leather Workers of Greater New York, Local No. 35, International
Fur and Leather Workers Union of U. S. and Canada, is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to the filing of the petition herein, both the Pocketbook Work-
ers and the Leather Workers severally requested recognition from the
Company as exclusive bargaining representatives of the Company's
employees. The Company declined to recognize or bargain with either
union because of the conflicting claims to representation.
A statement of the Regional Director, admitted in evidence at the
hearing, indicates that the Pocketbook Workers and the Leather Work-
ers each represents a substantial number of employees in the unit here-
inafter found appropriate.-
I Case No . 2-R-4324.
2 The Regional Director reported that the Pocketbook workers had submitted 14-member-
ship application cards dated in May, June, and July 1943 , of which 5 bore the apparently
genuine original signatures of persons whose names appear on the Company 's pay roll of
September IT, 1943, containing 11 names within the claimed appropriate unit.
The Regional Director also reported that the Leather workers had submitted 13 enroll-
ment cards , dated in June and July 1943 , of which 2 bore the apparently genuine original
1438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Both the Pocketbook Workers and the Leather Workers urge that
all production employees 3 of the Company, excluding all supervisory
and clerical employees, constitute an appropriate unit. The Company
takes no position and makes no objection to the unit sought by both
unions.
We find that all production employees, of the Company, excluding
all clerical employees and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees or effectively recommend 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
It was disclosed at the hearing that the plant operated by the Com-
pany is in process of expanding. While it appeared that the Company
would within a few weeks move to larger quarters and increase its
force from 12 to approximately 35 production employees, it was an-
ticipated that the full complement of employees would be reached
within 10 days from the completion of the Company's moving opera-
tions. Since the record shows that the Company's expanding per-
sonnel will in all probability be stabilized by the time an election
occurs, we shall not dismiss the petition ;4 Accordingly, we shall direct
that the question concerning representation which has arisen be re-
solved by an election by secret ballot among the employees in the
appropriate unit who were, employed during the pay-roll period im-
mediately preceding the date of the Direction of Election herein, sub-
ject 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Victoria Hides &
signatures of persons whose names appear on the Company's pay roll of September 17, 1943,
within the unit claimed appropriate by the Pocketbook Workers.
3 The Company has no maintenance employees at the present time.
4 See Matter of Chapman Dehydrator Company, 51 N. L. R. B. 664.
VICTORIA HIDES & SKINS , INC. 1439
Skins, Inc., New York City, an election by secret ballot shall be con-
ducted 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 Second 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 em-
ployees 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 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 election , to determine
whether they desire to be represented by Pocketbook Workers Union
of New York or by Leather Workers of Greater New York, Local No.
35, International Fur and Leather Workers Union of U. S. and Canada.
( C. I. 0.), for the purposes of collective bargaining , or by neither.