Brindis Tanning Co.

In the Matter of BRINDIs TANNING COMPANY and INTERNATIONAL FUR AND LEATHER WORKms UNION OF UNITED STATES AND CANADA, LEATHER DIVISION, C. I. O. Case No. B-5870.-Decided September 1, 1943 Mr. George Karelitz, or Haverhill, Mass., for the Company. Grant & Ango ff, by Mr. Samuel E. Ango ff, of Boston, Mass., for the Union. Mr. Louis Cokin, 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 United States and Canada, Leather Division, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Brindis Tanning Company, Haverhill, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Samuel G. Zack, Trial Examiner. Said hear- ing was held at Haverhill, Massachusetts, on August 18, 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. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded 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 The Brindis Tanning Company is a Massachusetts corporation with its principal place of business at Haverhill, Massachusetts, where it 52 N. L. R. B., No. 49. 353 354 DECISILONS OF NATIONAL LABOR RELATIONS BOARD is engaged in the manufacture of leather goods. The Company uses raw materials valued at about $50,000 semi-annually and sells finished products valued at about $150,000. About 50 percent of the raw materials and finished products-are shipped to or from points outside the State of Massachusetts. II. THE ORGANIZATION INVOLVED International Fur and Leather Workers Union of United States and Canada, Leather Division, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During June 1943, the Union requested the Company to recognize it as the exclusive bargaining representative of the Company's tan- nery employees. The Company' refused this request. - 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.' 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with a stipulation of the parties, that all production employees at the tannery of the Company, exclud- ing office 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, consti- tute 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 means of an election by secret ballot among' the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of 1 The Regional Director reported that the Union presented 12 membership application cards bearing apparently genuine signatures of persons whose names appear on the,Com- pany's pay roll of July 17, 1943 . There are approximately 15 employees in the appropriate unit. BRINDIS TANNING COMPANY 355 Election herein, subject 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 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 Brindis Tanning Company, Haverhill, Massachusetts, 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 First 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 employees 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Inter- national Fur and Leather Workers Union of United States and Canada, Leather Division, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election. 1 549875-44-vol. 52-24