Alpena Tanning Co.

In the Matter of ALPENA TANNING COMPANY and INTERNATIONAL FuR AND LEATHER WORKERS UNION OF THE UNITED STATES AND CANADA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-5820.Decided August 26, 1943 Mr. John W. Morgan, by Mr. Murray Brown, of Boston, ass., for the Company. Mr. William L. Tryon, of Boyne City, Mich., for the Union. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Fur and Leather Workers Union of the United States and Canada, affiliated with the Congress of Industrial Organizations, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Alpena Tanning Company, Alpena, Michigan, herein called'the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Frank L. Danello, Trial Examiner. Said hearing was held at Detroit, Michigan, on August 11, 1943. The Company 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. Although Local No. 12470 of District No. 50, United Mine Workers of America, herein called District 50, was served with notice, it did not appear. The Trial Examiner's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. All parties were afforded oppor- tunity to file briefs with the Board. iThe Union moved to amend the formal papers to provide for the correct name of the Union as set forth in, the text. The Trial Examiner granted the motion. 52 N. L. R. B., No. 28. 186 ALPENA TANNING O0'iMPANY 187 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Alpena Tanning Company is a Massachusetts corporation having its principal office and place of business in Alpena, Michigan, where it is engaged in tanning leather. Between January 1, 1943, and June 30, 1943, the Company acquired raw materials valued at approximately $350,000, of which more than 80 percent was shipped to the Company from points outside the State of Michigan.' During the same period, the Company shipped finished products valued at approximately $400,000 to points outside the State of Michigan. The Company ad- mits that it is engaged in commerce within the meaning of the Na- tional Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Fur and Leather Workers Union of the United States and Canada is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Local No. 12470 of District No. 50, United Mine Workers of America is an unaffiliated labor organization, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 24, 1942, the Company and District 50 entered into a col- lective bargaining contract which, according to its terms, was to remain in effect until July 24, 1943, and to continue from year to year there- after unless either party gave written notice' of termination or amend- ment at least 30 days prior to July 24 of any year. On June 11, 1943, the Union notified the Company that it represented a majority of its production and maintenance employees, and requested recognition as the exclusive bargaining representative of such em- ployees. On June 15, 1943, the Company refused such recognition un- less and until the Union is certified by the Board. The Company also informed the Union that it could not grant such recognition because of the collective bargaining contract hereinabove mentioned. A, statement of the Regional Director, introduced in evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.2 2 The Regional Director reported that the Union submitted 22 application cards,' 18 dated between June 10 and 19, 1943 , 4 undated Of the 22 Cards submitted , 21, bearing apparently genuine signatures , bear the names of persons whose names appear on the Company's pay roll dated June 3, 1943 Said pay roll contains the names of 36 employees within the unit. 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD No issue was made of the contract as a bar '3 and we find that this contract is not a bar to an investigation of representatives and 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 We find, in substantial accordance with a stipulation of the parties, that all production and maintenance employees of the Company ex- cluding clerical employees, watchmen and all supervisory employees 4 or any others with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recom- mend 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 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 our Direction of Election, subject to the limitations and additions set forth therein. Although District 50 did not appear at the hearing, we shall accord it a place on the ballot since it has until recently represented the em- ployees here involved. District 50 may, of course, withdraw from the ballot if it so desires, by notifying the Regional Director. 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 Alpena Tanning Company, Alpena, Michigan, 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 Seventh 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 3 The Company and the Union stipulated that a question concerning representation had arisen. In any event, it is clear that the Union had asserted its claim prior to the 30-day notice period. 4 This unit is the same unit covered by the contract. ALP,E\1A TAN'\I) G COMPANY 189 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 any who have since quit or been discharged for cause, to determine whether they de- sire to be represented by International Fur and Leather Workers Union of the United States and Canada, affiliated with the Congress of Industrial Organizations, or by Local No. 12470, of District 50, United Mine Workers of America, for the purposes of collective bar- gaining, or by neither. CHAIRMAN Mmms took no part in the consideration of the above Decision and Direction of Election.