Elk Tanning Co.

In the Matter of ELK TANNING COMPANY and INTERNATIONAL FUR AND LEATHER WORKERS' UNION, AFFILIATED WITH C. I. O. Case No. R-1982.-Decided August 21, 1940 Jurisdiction : tanning industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees excluding clerical and supervisory employees. Pitney, Hardin & Skinner, by Mr. William J. Brennan, Jr., of Newark, N. J., and Barbour & Pontzer, by Mr. Robert F. Ponzter, of Ridgway, Pa., for the Company. Mr. Victor Hirshfield, of New York City, for the International. Mr. Herbert P. Sorg, of St. Marys, Pa., for the T. W. U. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 13, 1940, International Fur and Leather Workers' Union, herein called the International, filed with the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania) a petition, and on May 23, 1940, an amended petition, alleging that a question affecting commerce had arisen concerning representation of employees of Elk Tanning Company, Wilcox, Pennsylvania, herein called the Com- pany, at its Wilcox, Pennsylvania, tannery, and requesting an inves- tigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 26, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On June 29, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the International, and Tannery Workers' Union, 26 N. L. R. B., No. 94. 906 ELK TANNING COMPANY 907 herein called the T. W. U., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice, a hearing was held on July 8, 1940,. at Ridgway, Pennsylvania, before Robert H. Kleeb, the Trial Examiner duly designated by•the Board. All parties were represented by coun- sel and participated in the hearing. At the commencement of the hearing the T. W. U. filed a formal motion to intervene in this pro- ceeding. The Trial Examiner granted this motion. During the course of the hearing the Trial Examiner made several rulings on the admissibility of evidence. The Board has reviwed the rulings of the Trial Examiner and finds that no prejudicial errors were com- mitted. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Elk Tanning Company is a Pennsylvania corporation, having its main office in New York City. It is a wholly owned subsidiary of the United States Leather Company, a New Jersey corporation. The Company owns two subsidiaries: Northeastern Coal Company and Standard Hide Power Manufacturing Company, both at Ridgway, Pennsylvania. It owns and operates tanneries at Coudersport, Ridg- way, Clearfield, Emporium, and Wilcox, Pennsylvania. At its Wilcox tannery, which is the only plant involved in this proceeding, the Company is engaged in the tanning of cattle hides for sole leather. During 1939 all the raw materials used by the Com- pany at its Wilcox tannery were sent into Pennsylvania from othel States of the United States and foreign countries. In the same yeas 78.65 per cent of the finished products of the tannery were shipped by the Company to points outside Pennsylvania. The Wilcox tannery comprises 34 buildings, covering 55 acres of land.' The Company admits that it is engaged in interstate commerce. II. THE ORGANIZATIONS INVOLVED International Fur and Leather Workers' Union is a labor organiza- tion affiliated with the Congress of Industrial Organizations. It admits to membership production and maintenance employees of the Company. Tannery Workers' Union is an unaffiliated labor organization. It admits to membership production and maintenance employees of the Company. I Because its competitors are not required to make public any statements revealing the amount of their business in dollars, volume, or tonnage accounts, the Company has pending before the Securities and Ex- change Commission an application to make such disclosures by it unnecessary. The Company was not required to disclose these figures in this proceeding in view of its admission of the interstate character of its business. , 908= DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The International and the T. W. U. each claim to represent a majority of the production and maintenance employees of the Com- pany at its Wilcox plant. A statement of the Field Examiner intro- duced into evidence shows that each union appears to have a sub- stantial membership among such employees. We find that a question has arisen concerning the representation of employees of the Company. IV. 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 relation 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. V. THE APPROPRIATE UNIT The parties agree, and we find, that all production and maintenance employees of the Company at its Wilcox, Pennsylvania, tannery, excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining. We find 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 parties agree, and we find, that the question which has arisen concerning the representation of employees of the Company at its Wilcox, Pennsylvania,- tannery, can best be resolved by an election. We will direct the holding of such an election. We will direct that those eligible to vote in the election shall be the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, including employees who did not work during that pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding any who have since quit or been discharged for cause. 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 repre- sentation of employees of Elk Tanning Company at its Wilcox, ELK TANNING COMPANY 909 Pennsylvania , tannery, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company at its Wilcox , Pennsylvania , tannery, excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining , within the meaning of Section 9 (b) of the Act. 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that , as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Elk Tanning Company, Wilcox , Pennsylvania , 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 Election, under the direction and supervision of the Regional Director for the Sixth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regula- tions, among all production and maintenance employees of the Com- pany at its Wilcox, Pennsylvania , tannery, who were employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election , including employees who did not work during that pay-roll , period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding clerical and supervisory employees and any who have since quit or been discharged for cause , to determine whether they desire to be represented by International Fur and Leather Workers ' Union, affiliated with the Congress of Industrial Organizations , or by Tannery Workers' Union, for the purposes of collective bargaining , or by neither. MR. EDWIN S . SMITH took no part in the consideration of the above Decision and Direction of Election.