Donnell & Mudge, Inc.

In' the Matter of DONNELL & MUDGE, INC. and UNITED LEATHER WORKERS' INTERNATIONAL UNION, LOCAL No. 21, AFL Case No. 1-R 2671.-Decided January 22, 1946 Mr. Robert W. Reardon, of Salem, Mass., for the Company. Messrs. William F. Regan and Harold V. Hayden, of Peabody, Mass., for the A. F. L. Mr. Harold B. Roitinan, of Boston, Mass., for the C. I. O. Mr. Donald B. Brady, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Leather Workers' Interna- tional Union, Local No. 21 (AFL), herein called the A. F. L., alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Donnell & Mudge, Inc., Salem, Massachusetts, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before John W. Coddaire, Jr., Trial Examiner. Said hearing was held at Salem, Massachusetts, on October 10, 1945. At the commencement of the hear- ing the Trial Examiner granted a motion of International Fur and Leather Workers Union of the United States and Canada (CIO), hereinafter called the C. 1. 0., to intervene. The Company, the A. F. L. and the C. I. O. appeared and participated. All parties 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 an opportunty 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 Donnell & Mudge, Inc., is a Massachusetts corporation with its office and place of business at Salem, Massachusetts, where it is engaged in 65 N. L R B, No 95. 567 568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the business of tanning leather and in the brokerage of leather. In its operations the Company uses skins as its principal raw material. For the 6 months' period preceding September 20, 1945, the Company pur- chased for its own account skins valued at $39;520, all of which came from points outside the Commonwealth of Massachusetts. Approxi- mately 90 percent of these skins, when tanned and finished, were shipped by the Company to points outside the Commonwealth of Mas- sachusetts. During the same'period the Company tanned and finished 2481 dozen skins which were shipped to it on contract from points out- side the Commonwealth of Massachusetts. After tanning and finish- ing these skins the Company shipped all of them to points inside the Commonwealth of Massachusetts. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Leather Workers' International Union, Local 'No. 21, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. 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. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the A. F. L. as the exclusive bargaining representative of the employees named in the petition until the A. F. L. has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the A. F. L. represents a substantial number of em- ployees in the unit hereinafter found 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 Act. ]V. TIIE APPROPRIATE UNIT The A. F. L. seeks a unit composed of all production employees except for office workers , clerical employees , salaried employees, exec- utives, and foremen . The C. I. O. seeks the inclusion of the Company's I'the Field Examiner reported that the A. F L. submitted 17 application cards, bearing the names of 16 employees listed on the Company's pay roll of September 14, 1945, and the C I 0 submitted 5 application cards, bearing the names of 3 employees listed on the Company's pay roll of September 14, 1945 There are approximately thirty (30) em- ployees in the appropriate unit DONNELL & MUDOE, INC. 569 single maintenance employee but otherwise agrees with the unit sought by the A. F. L. The Company is agreeable to any unit found by the Board to be appropriate. Maintenance employees have been excluded generally from units of production employees in the tanning industry in the Peabody-Salem, Massachusetts, area,2 and the record discloses that they are not included - in contracts negotiated by the A. F. L. or the C. I. O. with companies in this area. We shall exclude the maintenance employee in question from the unit. We find that all production employees of the Company, excluding office and clerical employees, maintenance employees, salaried em- ployees, executives, foremen, and all other 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 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed 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. 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Donnell & Mudge, Inc., Salem, Massachusetts, 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 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 tempo- rarily laid off, and including employees in the armed forces of the 2 See Matter of Advance Tanning Company, et al., 60 N. L. R. B. 923. 570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by United Leather Workers 'International Union, Local No. 21, A. F. L., or by 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.8 - $A Supplemental Decision and Order , dated April 16, 1946, reads, in part, as follows: On January 22, 1946, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings . Pursuant thereto an election by secret ballot was conducted on February 20, 1946 , under the direction and supervision of the Regional Director for the First Region ( Boston, Massachusetts). Upon the conclusion of the election , a Tally of Ballots was furnished the parties in accord- ance with the Rules and Regulations of the Board . No objections have been filed by any of the parties within the time provided therefor. As to the balloting and its results , the Regional Director reported as follows Total on eligibility list------------------------------------------------- 29 Total valid votes cast-------------- ------------------------------------ 24 Votes cast for United Leather Workers International Union, Local No. 21, A F. L------------------------------------------------------------- 4 Votes cast for International Fur and Leather Workers Union of the United States and Canada, C. I. 0------------------------------------------- 8 Votes cast for neither------------ -------------------------------------- 12 Challenged ballots----------------------------------------------------- 2 Valid votes counted plus challenged ballots------------------------------- 26 Since the counting of the challenged ballots would affect the results of the election, the Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 3, as amended, issued and duly served upon the parties his Report on Challenged Ballots. No exceptions to the Report on Challenged Ballots have been filed by any of the parties within the time provided therefor. The Regional Director recommended that the challenges be sustained . We concur in the recommendation and hereby sustain the challenges . It is evident that the results of the aforesaid election are inconclusive , and that it will be necessary to conduct a run-off election in order to resolve the question concerning representation . On February 28, 1946, the C. I. 0. requested a run-off election . We shall, accordingly, remand the case to the Regional Director for further appropriate action.