Herkert & Meisel Trunk Co.

In the Matter Of IIERKERT & MEISEL TRUNK COMPANY and LOCAL 60, LEATHER '& LUGGAGE WORKERS UNION, AFFILIATED WITH THE IN- TERNATIONAL FUR & LEATHER WORKERS, AFFILIATED WITH THE CON- GRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-1831 .-Decided May 31, 1940 Trunk, Suitcase, IHandbag, and Leather Goods Manufacturing Industry-In- vestigation of Representatives: controversy concerning representation of em- ployees: refusal by employer to renew recognition of or contract with union without Board election-Unit Appropriate for Collective Bargaining: stipulation as to, modified by subsequent testimony; all production and maintenance em- ployees at employer's three plants, including truck drivers, shipping depart- ment employees, and subforemen actively engaged in production, but excluding foremen, clerical and office employees, salesmen, executives, and the watch- man-Representatives: proof of choice : employer's contention that election is necessary-Election Ordered: ballots of certain employees whose status is not fully disclosed by the record, if challenged, to be segregated and ruled upon in Election Report. Mr. Wallace Cooper and Mr. Bernard Bralove, for the Board. Mr. Alden A. Stockard, of St. Louis, Mo., for the Company. Mr. Morris J. Levin, of St. Louis, Mo., for the Union. Mr. Louis Newman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 13, 1940, Local 60, Leather & Luggage Workers Union,, afiliatecd with the International Fur & Leather Workers and with the Congress of Industrial Organizations, herein called the Union, filed with the Regional. Director for the Fourteenth Region (St. Louis, Missouri) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Herkert & Meisel Trunk Company, St. Louis, Missouri, herein called the Com- pany, and requesting an investigation and certification of represent- atives pursuant to Section'9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 23, 1940, the Na- 24 N. L. R. B., No. 9. 210 HERKERT & MEISEL TRUNK COMPANY 211 tional Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) of the Act and Article III, Section 3, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized, the Regional Di- rector to conduct it and to provide for an appropriate hearing upon due notice. On May 1, 1940, the Regional Director issued a notice of hearing, copies of which were duly served on the Company and the Union. Pursuant to the notice, a hearing was held on May 9, 1940, at St. Louis; Missouri, before Horace A. Ruckel, the Trial Examiner duly designated by .the Board. The Board, the Company, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no preju- dicial error was committed. The rulings 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 Company is a Missouri corporation engaged in the manufac- ture and sale, principally at wholesale, of trunks, suitcases, hand- bags, and other types of leather goods. Its offices and one of its three plants, known as Plant No. 1, are located at 910 Washington Avenue in St. Louis. The other two plants, known as Plant No. 2 and Plant No. 3, are both located at 128 Madison Avenue, St. Louis, Missouri.. All the plants are situated within a radius of 2 miles. The raw materials used by the Company in its operations are veneer, iron and- steel, fabric, lumber, and hardware. Of these, all but the veneer are purchased outside the State of Missouri. The aggregate value of the raw materials used by the Company during. 1939 was in excess of $150,000, and at least 80 per cent of these materials were shipped to the Company in carload lots from points outside the State of Missouri. During the same period the Com- pany's sales of finished products amounted to approximately $850,000. At least 90 percent of all finished products sold by,the Company are shipped to purchasers in States other than Missouri. At the time of the hearing the Company had approximately 250 production and maintenance employees. 212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD H. THE ORGANIZATION INVOLVED Local 60, Leather & Luggage Workers Union is a labor organization affiliated with the International Fur & Leather Workers,' affiliated with the Congress of Industrial Organizations. It admits to member- ship employees at all three plants of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 7, 1939, the Company and the Union, then known simply as the Leather and Luggage Workers Union, entered into a con- tract dated as of January 3, 1939, governing wages, hours, and other conditions of employment. By, its terms the contract was to remain in effect until January 1, 1940, and thereafter from year to year subject to specified notice of termination by either party. In December 1939 the Union presented to the Company a proposed contract to take the place of the contract then in effect. The Company, while express- ing a willingness to negotiate with the Union, requested that the Union first establish its status as collective bargaining representative of a majority. of the Company's employees. Thereafter the Company in- sisted on establishment of the Union's claimed majority by means of an election conducted by the Board, while the Union insisted on its right to recognition on the basis of its membership cards. While the Company on two subsequent occasions prior to the hearing herein indicated a willingness to recede from its position provided the Union accepted a 'form of contract proposed by the Company, it reiterated at the hearing, its insistence upon the Union's proving its majority status in an election to be held by the Board. We find that a question has arisen concerning the representation of employees of the Company. 1V. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON, COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial re- lation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. b ' On February 15, 1940, the membership of the Union voted to affiliate with the leather division of the International Fur & Leather workers Union . A new charter was subse- quently issued by the International to the Union. HERKERT & MEISEL TRUNK COMPANY V. THE APPROPRIATE UNIT 213 At the hearing the Company and the Union stipulated that all pro- duction employees at the Company's three plants, including truck drivers, shipping-department employees, and subforemen actively en- gaged in production, but excluding foremen, clerical and office employees, salesmen, and executives, constitute a unit appropriate for the purposes of collective bargaining. There is subsequent uncontradicted testimony in the record that maintenance men have been treated as production employees and are regarded as included in that category. It also appears that the Com- pany employs one watchman for whom the Union has never bar- gained, and whom it wants excluded from the appropriate unit. The Company has expressed no disagreement with the Union's position in either of these respects. We shall include the maintenance employees in the appropriate unit and exclude the watchman.2 We see no reason for departing from the stipulated appropriate unit as clarified by the subsequent testimony. We find that all pro- duction and maintenance employees at the three plants of the Com- pany, including truck drivers, shipping-department employees, and subforemen actively engaged in production, but excluding foremen, clerical and office employees, salesmen, executives, and the watchman, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act.' VI. THE DETERMINATION OF REPRESENTATIVES The Union introduced in evidence at the hearing membership and authorization cards signed by substantially more than a majority of the employees in the appropriate unit. These cards, however, do not specifically name Local 60, Leather & Luggage Workers Union, as the labor organization selected by the signing employees, and the Company contends that an election should be held to determine the Union's status. We find that the question concerning representation which has arisen can best be resolved by means of an election by secret 2 In Matter of Cleveland Hobbing Machine Company and United Automobile Workers of America Local #631 (A.. F. of L.), 18 N. L. R. B. 412 at page 5, we pointed out that: "It has been our practice not to include watchmen within a bargaining unit composed essen- tially of production employees where objection to their inclusion is raised by a partici- pating labor organization." 3 There is uncontradicted testimony in the record that Thelma McDaniel is a clerical employee and that John Suddarth is no longer an employee of the Company . They are therefore not within the appropriate unit. 283035-42-vol. 24-15 214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ballot.4 - In accordance with our practice we shall direct that all em- ployees within the appropriate unit who were employed by the Com- pany during the pay-roll period immediately preceding the date of the Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause, shall be eligible to participate in the election. The Company produced at the hearing a list of employees regarded by it as being within the stipulated appropriate unit. The Union objected to the inclusion of 10 of the employees whose names appeared on the list, on the ground that they are foremen having the power to hire and discharge other employees.5 It is not entirely clear from the record, however, whether or not these employees have the status of foremen excluded by definition from the appropriate unit. The Regional Director, therefore,,in conducting the election in accordance with the Direction of Election, shall, if the right of any of these 10 employees to vote is challenged on the ground that they are not within the appropriate unit, permit such employees to vote, but shall segregate their ballots and place them in sealed containers and, in accordance with Article III, Section 9, of the Rules and Regula- tions-Series 2, as amended, shall rule upon such challenged ballots in his Election Report. Upon the basis of the above findings of fact, and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the rep- resentation of employees of Herkert & Meisel Trunk Company, St. Louis, Missouri, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees at the three plants of the Company, including truck drivers, shipping-department em- ployees, and subforemen actively engaged in production, but ex- cluding foremen, clerical and office employees, salesmen, executives, and the watchman, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 4 Matter of Armour & Company and United Packinghouse Workers, Local Industrial Union No. 13 of Packinghouse Workers Organizing Committee, affiliated with C. I. 0., 13 N. L. R. B. 567. 5 The 10 employees in question are William Balmer, Sr., William Birkenmeier , Albert Fiss, Joseph Jasinski. Aizernon Mees, Anthony Pauly, Harry Roehm , Sylvester Schnitz, Ignatius Strack, and Joe Zoeller. HERKERT & MEISEL TRUNK COMPANY 215 DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National La- bor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Re- lations Board Rules and Regulations-Series 2. as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes, of collective bargaining with Herkert & Meisel Trunk Company, St. Louis, Missouri, 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 of Elec- tion, under the direction and supervision of the Regional Director for the Fourteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all production and main- tenance employees at the three plants of the Company employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion of Election, including truck drivers, shipping-department em- ployees, subforemen actively engaged in production, employees who did not work during such pay-roll period because they were ill or on vacation; and employees who were then or have since been temporarily laid off, but excluding foremen, clerical and office employees, salesmen, executives, the watchman, and any employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local 60, Leather, & Luggage Workers Union, affiliated with the International Fur & Leather Workers and with the Congress of Industrial Organizations, for the purposes of collective bargaining. [SAME TITLE CERTIFICATION OF REPRESENTATIVES June 09,19.140 On May 31, 1940, the National Labor Relations Board issued its De- cision and Direction of Election in the above-entitled proceedings. Pursuant to the Direction of Election, an election by secret ballot was conducted on June 14,1940, under the direction and supervision of the Acting Regional Director for the Fourteenth Region (St. Louis, Mis- souri). On June 15, 1940, the Acting Regional Director, acting pur- suant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Report. No objections to the conduct of the ballot or to the Election Report have been filed by any of the par- ties. 216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the balloting and its results, the Acting Regional Director re- ported as follows : Total on eligibility list------------------------------------- 253 Total number of ballots cast -------------------------------- 249 Number of ballots cast for Local 60, Leather & Luggage Work- ers Union, Affiliated with the International Fur & Leather Workers and with the Congress of Industrial Organizations_ 194 Number of ballots cast against Local 60, Leather & Luggage Workers Union, Affiliated with the International, Fur & Leather Workers and with the Congress of Industrial Organizations------------------------------------------- 45 Number of ballots challenged------------------------------ 10 Number of void ballots ------------------------------------- 0 Number of blank ballots----------------------------------- 0 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Local 60, Leather & Luggage Workers Union, Affiliated with the International Fur & Leather Workers and with the Congress of Industrial Organizations, has been designated and selected by a majority of the production and maintenance em- ployees at the three plants of Herkert & Meisel Trunk Company, St. Louis, Missouri, including truck drivers, shipping-department em- ployees, and subforemen actively engaged in production, but excluding foremen, clerical and office employees, salesmen, executives, and the watchman, as their representative for the purposes of collective bar- gaining, and that, pursuant to Section.9 (a) of the National Labor Relations Act, Local 60, Leather & Luggage Workers Union, affiliated with the International Fur & Leather Workers and with the Congress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employ- ment. 24 N. L. R. B., No. 9a.