Superior Tanning Co.

In the, Matter Of SUPERIOR TANNING Co. and INTERNATIONAL FUR & LEATHER WORKERS UNION, LOCAL 43, C. I. O. In the Matter Of SUPERIOR TANNING CO. and, INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL. 399, AFFILIATED WITH THE A. F. OF L. Cases No's. R-4138 and R-4139, respectively.Decided August 07, ( 1942 • Jurisdiction : tanning industry. Investigation and' Certification of'Representatives : existence of questions : re- fusal to accord petitioners recognition until certified by the Board; current pay roll directed to be used to determine eligibility rather than pay roll pre- ceding discharges as requested by one of the labor organizations involved, when discharges resulting from' curtailment of operations were made pursuant to a strict seniority policy.; elections necessary. Units Appropriate for Collective Bargaining : (1) 'engineers and maintenance engineers, excluding supervisory employees; (2) production and maintenance employees, excluding executives, supervisory employees, office and clerical em- ployees, foremen, subforemen,' engineers, and maintenance engineers. Jacobson, Merrick, Nierman efi Silbert, by Mr. David Silbert, of - Chicago, Ill., for the Company. Mr. Samuel J. Berland, Mr. Philip Parr, and Mr. Maury Colow, of Chicago, Ill., for Local 43. Mr. John Gavin,-of Chicago, Ill., for Local 399. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF, THE' CASE Upon petitions and amended- petitions duly filed by International Fur & Leather Workers'Union, Local 43, C. I. 0., herein called Local 43, and International Union of Operating Engineers; Local 399, affil- iated With the Americali'Federation of Labor, herein called Local 399, alleging that questions affecting commerce had arisen concerning the representation of employees of Superior Tanning Co., Chicago, Illi- nois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Lester 43 N. L. R. B , No. 112. • • ' 734 SUPERIOR TANNING CO. 735 ' Asher, Trial Examiner. Said hearing was held at Chicago, Illinois,- on August 11, 1942. The Company, Local 43, and Local 399 appebred,' participated, and were afforded full' opportunity to be heard, to ex- amine 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Superior Tanning Co. is an Illinois corporation with its principal place of business at Chicago, Illinois, where it is engaged in the business of tanning hides and the sale and distribution of finished leather. The Company purchases raw hides valued in 'excess of $1,000,000 annually. About 85 percent thereof, by value, is 'shipped to the Company from outside Illinois. Its annual sales are in excess of $1,000,000, and approximately 75 percent thereof, by value is- shipped to points outside Illinois. The Company admits that it 'is engaged in commerce within the meaning of the National Labor Rela- tions Act. II. THE ORGANIZATIONS INVOLVED International Fur &'Leather Workers Union, Local 43, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. International Union of Operating Engineers, Local 399, is a labor,a organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION , The Company refuses to recognize Local 43 or Local 399 as the exclusive representatives of any of its employees until such time as the Board determines the appropriate bargaining agency or agencies. A statement of the Regional Director, introduced into evidence during the hearing, indicates that Local 43 and Local 399-each repre- sents a substantial number of employees in the unit alleged by each to be appropriate.' l 'The Regional Director reported that Local 43 presented 164 membership application cards beaung'apparently genuine signatures of persons whose names appear on the Com- pany's pay roll of July 23 , 1942 There are 278 names on that pay roll in the unit alleged to be appropriate by Local 4.3 The Regional Director fui ther reported that Local 399 presented 5 authorization cards beating apparently genuine signatures of persons whose- nanmes appear on the Company's pay roll of July 23, 1942. There are 8 names on that, pay roll in the unit alleged to be appropriate by Local 399. 736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that questions affecting commerce have 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 UNITS Local,399, urges that all engineers and maintenance engineers of the Company, 'excluding supervisory and clerical employees, constitute ,an appropriate unit. Local 43 contends that all production and maintenance employees of the Company, excluding executives, super- visory, office, and clerical employees, foremen, subforemen, engineers, and maintenance engineers, constitute an appropriate unit. There is no conflict, between the claims of Local 399 and Local 43. The Company, however, contends that all its employees should be included in a'single bargaining unit. Thus, the only controversy with respect to the units concerns the status of engineers and maintenance engi- neers as a separate unit, and the exclusion of foremen,' subforemen, and clerical employees from the production and maintenance unit. Engineers and maintenance engineers: The employees claimed by, Local 399 are skilled employees and are members of a well-established craft. There has been no'histbry of bargaining' upon either a craft or an industrial unit basis, and, as pointed out above, the engineers and maintenance engineers are not claimed by Local .43. - Under the cir- cumstances, we find that engineers and maintenance engineers of the Company,' excluding supervisory employees, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. Foremen and subforemen: The Company employs between 11 and 20 employees designated by it as foremen or subforemen, respectively. Local 43 urges that such employees be excluded from the unit, and the Company,, that they be included. It appears that although these employees perform some manual labor, they do have supervisory duties, as indicated by the classifications given them by the Company. We shall exclude foremen and subforemen from the unit. Clerical employees: The Company urges that such employees be included in the unit and Local 43, that they be excluded. It is obvious that the status and function of clerical employees are essen- tially different from the status and function of employees who per- form manual labor. - Since no affirmative. showing has been made or any compelling arguments advanced as to why we should depart ,from our usual practice, of excluding clerical employees from a unit largely composed of production and maintenance employees, we shall exclude clerical employees from the unit,2 2 See Matter of Atlantic Basin Iron Works and Industrial Union of Marine and Ship- building Workers of America, Local No 13, 5 N. L. R . B. 402. SUPERIOR T'AN'N`1WG CO. 737. We find that all production and maintenance employees of the Coin- pany, excluding executives, supervisory employees, office and clerical employees, foremen, subforemen, engineers, and maintenance engi- neers, 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 ' find that the questions concerning representation which have arisen can best be resolved by elections by secret ballot. Local 43 urges that the pay roll of July 23, 1942, be used to determine eligibility to vote. - The Company and Local 399 urge that a current pay roll be used for that purpose. Local 43 stated in support of its contention that 29 persons have been discharged by the Company since July,23, 1942. The record indicates that due to a curtailment of the Company's. operations, it was necessary to cut down its force. All persons discharged after July 23, 1942, were discharged pursuant to a strict seniority policy. We shall direct that the employees of the Company eligible to vote in the elections shall be those in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. Local 43 urges that it appear on the ballot as "International Fur ^C Leather Workers Union, Local 43, C. I. 0." The request is hereby granted. DIRECTION OF ELECTIONS 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, 49 Stat. 449, and pursuant to Article III, Section 8, 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 Superior Tanning Co., Chicago, Illinois, elections 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section ti, of said Rules and Regulations, - (1) Among the employees in the unit found appropriate in para- graph 2 of Section IV above, who were employed during the pay-roll period immediately preceding the date of this Direction, including any 'such employees who did not work during said pay-roll period 481039-42-vol 43-47 738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding -any such employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Inter- national Union of Operating Engineers, Local 399, affiliated with the American Federation of Labor, for the purposes of collective bargain- ing; and , (2) Among the employees in the unit found appropriate in para- graph 5 of Section IV above, who were employed during the pay-roll period immediately preceding the date of this Direction, including any such employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States,.or temporarily laid off, but excluding any such employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Inter- national Fur & Leather Workers Union, Local 43, C. I. 0., for the purposes of collective bargaining. CHAIRMAN MILLIs took no part in the consideration of the above, Decision and Direction of Elections. -