The Mercersburg Tannery

In the Matter of H. W. BYRON, V. J. BYRON, J. W. BYRON, AND ,S. T. BYRON, PARTNERS, TRADING,AND DOING BUSINESS As THE MERCERSBURG TANNERY, and INTERNATIONAL FUR & LEATHER WORKERS UNION OF THE UNITED STATES AND CANADA, C. I. O. Case No. R-5170.-Decided April 28, 1943 Lane, Bushong, & Byron, by David W. Byron, of Hagerstown, Md., for the Company. Mr. Dale Zysman, of New York City, for the Union. Mr. Joseph E. Gubbins, of counsel to the Board. - DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Fur & Leather Workers Union of the United States and Canada, affiliated with the C. I. O.; herein called the Union, alleging that a question affecting commerce has arisen concerning the representation of employees of H. W. Byron, V. J. Byron, J. W. Byron, and S. T: Byron, Partners, trading and do- ing business as The Mercersburg Tannery, Mercersburg, Pennsylvania, herein' called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before S. Craig Carnes, Trial Examiner. Said hearing was held at Mercersburg, Pennsylvania, on April 13, 1943. The Company and the Union ap- peared, participated, and were afforded full opportunity tobe heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. The Trial Examiner'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 1. THE BUSINESS OF THE COMPANY The Mercersburg Tannery is a partnership consisting of II. W. Byron, V. J. Byron, J. W. Byron; and S. T. Byron. The Company 49 N. L. R. B., No 28 202 1 THE MERC'ERSBUiRG TANNERY 203 has its principal office and place of business at Mercersburg, Pennsyl- vania, and is engaged in the tanning and sale of leather for leather products. During the year 1942, the Company purchased raw ma- terials, consisting of raw hides , tanning materials , and other tanning supplies, valued at approximately $338,000, approximately 70 percent of which was shipped from points outside the Commonwealth of Penn- sylvania . During the same period the total sales value of the finished, products amounted to approximately $510,000, approximately 90 per- cent of which was shipped to points outside the Commonwealth of Pennsylvania. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED International Fur & Leather Workers Union of the United States and Canada, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about March 18, 1943, the Union notified the Company that it represented a majority of the Company's employees and requested recognition for bargaining purposes. The' Company informed the Union that such recognition could not be granted unless and until 'the Union was certified by the Board. A statement prepared by the Regional Director, and introduced in evidence at the hearing, indicates that the Union represents a substan- tial number of employees in the unit hereinafter found to be appro- priate.' 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 parties agree that a unit consisting of all production and main- tenance employees, excluding supervisory and office employees, is appropriate. There is a dispute, however, over the disposition of an employee who works 8 hours each Friday but not more than four, 1 The Regional Director's statement shows that the Union submitted 67 application-for- membership cards, 66 of which appear to bear apparently genuine signatures , and 66 of which bear names of persons whose names are on the Company 's pay roll of March 25, 1943; the pay roll lists the names of 67 employees in'the appropriate unit. All the cards were dated between March 15 and March 29, 1943. I 204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Fridays in any one month; the Union would exclude him whereas the Company would include him in the appropriate unit. - It appears that the employee in question receives old age pension payments and, under the regulations which govern the granting of such benefits, he would be precluded from receiving such payments if he received more than $15 per month as compensation for any work he might perform during any one month. Under the working sched- ule, as stated above, 'this employee is permitted to remain eligible for the old age benefits. We find that the employee in question is a regu- lar part-time employee and, according to our usual practice, he shall be included in the unit hereinafter found appropriate. - We find that all production, and maintenance employees, including the regular part-time employee, but excluding supervisory and cler- ical employees, constitute a unit appropriate for the purposes of col- lective bargaining within the meaning of Section 9 (b) of theAct. , V. THE DETERMINATION OF REPRESE\TATIVES The, Union requests that all persons who have worked 6 months or longer but who have been laid off, should be declared eligible to participate in an election. No showing was made as to the number of such persons or the likelihood of their reemployment. The Com-• pany has no fixed rehiring policy and doe's not maintain any list from which employees are hired or rehired. In accordance with our' usual practice, employees who -have been temporarily laid off will be eligible to vote. We shall direct that the question concerning' represeiitation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were em- ployed 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 Direction. I 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 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 H. W. Byron, V. J. Byron, J. W. Byron, and S. T. Byron, Partners, trading and doing business as The Mercersburg Tannery, Mercersburg, Pennsyl- vania, an election by secret ballot shall,be conducted as early as possible, but not later than thirty (30) days from the date of this T'HE' MERCERSBTIRG TANNERY 205 Direction, under the direction and supervision of the Regional Director for the Sixth 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 appro- priate, 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 em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Fur & Leather Workers of United States and Canada, affiliated with the C. I. 0., for the purposes of collective bargaining.