Gutmann and Co., Inc.

iJ DECISIONS AND ORDERS OF THE NATIONAL LABOR RELATIONS BOARD IN TIIE MATTER OF GUTMANN AND COMPANY, INCORPORATED and LEATHER WORKERS UNION, LOCAL No. 43, OF THE INTERNATIONAL FUR & LEATHER WORKERS UNION OF THE UNITED STATES AND CANADA, AFFILIATED WITH THE C. I. O. Case No. R-2306.-Decided March 1, 1941 Jurisdiction : leather manufacturing industry Investigation and Certification of Representatives : existence of question: refusal to accord union recognition on ground that the union had not shown that it represented a majority in an appropriate unit; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees with specified inclusions and exclusions ; agreement as to. Jacobson, Merrick, Nierman ct Silbert, by Mr. David Silbert and Mr. R. B. Shapiro, of Chicago, Ill., for the-Company. Meyers cC Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the, Union. Mr. Henry M. Tvfo, of Chicago, Ill., for the Independent. Mr. William, T. Little, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Ou September fl, 1940, Leather Workers Union, Local No. 43, of the International Fur Sz Leather Workers Union of the United States and Canada, affiliated with the C. I. 0., herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had - arisen concerning the representation of employees of Gutmann and Company, Incorporated, Chicago, Illinois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 - Stat. 449, herein called the Act. On February 3, 1941, 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, or- dered an investigation and authorized the Regional Director to con- 30N L R.B,No 1 1 2 z DECISIONS OF NATIONAL LABOR RELATIONS BOARD duct it and to provide for an-.appropriate hearing upon due notice, On February 4, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to notice a hearing was held on February 10, 1941, before Robert R. Rissman, the Trial Examiner duly designated by the Board. The Company and the Union were represented by counsel and both 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. ' On February 7, 1941, Independent Tanners Union, herein called the Independent, filed a motion with the Regional Director for leave to intervene in the proceedings. On the same day the Regional Director denied the Independent's motion. The Independent appeared at the hearing and again moved to intervene. The Trial Examiner also denied its motion. In Matter of Gutmann c0 Company and International Leather Workers Association, local 43,1 we found that the Company had dominated and interfered with the administration of the Inde- pendent and we ordered the Company to disestablish the Independent as a bargaining representative of the Company's employees. Under such circumstances the Independent is not entitled to participate in the present proceeding.2 The rulings of the Regional Director and Trial Examiner are hereby affirmed. At the hearing the Trial Ex- aminer reserved ruling on the Company's notion to dismiss the peti- tionon the ground that the Regional Director's report on the evi- dence of majority submitted to him by the Union did not disclose that the Union represented a majority of the employees in the unit claimed by it to be appropriate. The motion is hereby denied. During the course of the hearing the Trial Examiner made several rulings on other motions and on objections to the admission of evidence.' The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACTS 1. THE BUSINESS OF THE COMPANY Gutmann and Company is an Illinois corporation engaged in the manufacture of leather in Chicago, Illinois. In-1940 it manufactured and sold finished products amounting in value to $2,975,000, of which 118 N L R B 64 2 See Matter of Western Union Telegraph Company and Commercial Telegiaphers Union, Indpls Local #7, Western Union Div. No 2, affiliated with A F of L, 17 N L R B 863. 1 GUTMANN AND C0mPkNT, INCORPORATED 3 approximately 70 per cent were shipped to places outside the State of Illinois. Hides are the principal raw material used by the Company in its business. In 1940 the Company purchased its full supply of 390,000 cattle hides from Elkan and Company, of Chicago, Illinois. Ninety per cent of these hides were shipped to the Company by Elkan and Company from Chicago; Illinois, while the remaining 10 per cent were shipped to the Company from places outside the State of Illinois. Seventy-five per cent of all the hides purchased by the Company in 1940 were derived from sources outside the State of Illinois. In 1940 the Company expended approximately $400,000 for such miscellaneous raw materials as dyes, chrome, fat, liquors, salt, and lime. Approximately 60 per cent of these raw materials orig- inated outside the State of Illinois, although all of them were purchased in the State of Illinois. II. THE ORGANIZATION INVOLVED Leather Workers Union, Local No. 43 , of the International Fur & Leather Workers Union of the United States and Canada, is a labor organization- affiliated with the Congress of Industrial Organi- zations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 30, 1940, the Union requested the Company to recognize and bargain with it as the exclusive bargaining representative of its employees. Thereafter the Company refused on the ground that the Union had not shown that it represented a majority of the employees in an appropriate unit. 1 A statement prepared by the Acting Regional Director and intro- duced in evidence shows that the Union represents a substantial number of employees in the unit found below to be appropriate.3 We find that a question has arisen concerning the representation of employees of the Company. IV. TH E EFFECT OF 1 HE 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. 3 The Regional Director's report shows that 195 of approximately 462 employees in the appropriate unit had signed application cards for the Union 440115-42-Vol ;0--2 4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE APPROrRIA7E UNIT The Company and the Union agreed and we find that all production and maintenance employees of the Company. "including shipping room, dryers and dry room, leach house employees, finishers, trimmers, hide house employees including green hides. color mill employees, boarding employees, tackers, buffers, buff split department, huff wheel employees, pasters, setters, beam house employees including the ma- chine and floormen embossers, over-shot buffers, platers, stakers, split machine feeder and splitters, measuring machine employees, washers, tan mill and tan yard employees, watchmen, yardmen, elevator men, colorers, splitters, blacksmiths, patent finishers," and foremen who do not have the right to hire or discharge and do not spend all of their time in supervisory activity and all other maintenance and production employees, but excluding engineers, stationary firemen, foremen who have the right to hire or discharge and who are not engaged in actual production but spend their time supervising, office workers, time- keepers, salesmen, and truck drivers, constitute a unit appropriate for the purposes of collective bargaining. We -further find that such unit will insure to the 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 We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The parties agreed that in-the event the Board directed an election, eligi- bility to vote should be determined by the Company's pay roll next preceding the date of the Direction of Election. We find that the employees of the Company eligible to vote in the election are those employees who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction. 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 represen- tation of employees of Gutmann and Company, Incorporated, Chicago. Illinois, 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 of the Company, including shipping room, dry ers and dry room, leach house employees, finishers , trimmers , hide house employees including green hides, color I GtiT\IANN .AND COMPANY, INCORPORATED mill employees, boarding employees, tackers, buffers, buff split de- partment, buff wheel employees, pasters, setters, beam house em- ployees including the machine and floormen embossers, over-shot buffers, platers, stakers, split machine feeder and splitters, measur- ing machine employees, washers, tan mill and tan yard employees, watchmen, yardmen, elevator men, colorers, splitters, blacksmiths, patent finishers, and foremen who do not have the right to hire _or discharge and do not spend all of their time in supervisory activity and all other maintenance and production employees, but excluding engineers, stationary firemen, foremen who have the right to hire or discharge and who are not engaged in actual production, but spend their time supervising, office workers, timekeepers, salesmen, and truck drivers, constitute a unit appropriate 'for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Gutmann and Company, Incorporated, Chicago, Illinois, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) clays 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 ^n en Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company, who were employed during the pay- roll period immediately preceding the date of this Direction, includ- ing shipping room, dryers and dry room, leach house employees, finishers, trimmers, hide house employees including green hides, color mill employees, boarding employees, tackers, buffers, buff split de- partment, buff wheel employees, pasters, setters; beam house employ- ees including the machine and floormen embossers, over-shot buffers, platers, stakers, split machine feeder and splitters, measuring machine employees, washers, tan mill and tan yard employees, watchmen, yardmen, elevator men, colorers, splitters, blacksmiths, patent fin- ishers, and foremen who do not have the right to hire or discharge and do not spend all of their time in supervisory activity and all other maintenance and production employees, employees who did, 6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD not work during such pay-roll period because they were ill or on vacation, or absent because called for military service, and employes who were then or have since been temporarily laid off, but excluding engineers, stationary firemen, foremen-who have the right to hire or fire and who are not engaged in actual production, but spend their time supervising, office workers, timekeepers, salesmen, truck drivers, and those who have since quit or been discharged for cause, to deter- mine whether or not they desire to be represented by Leather Workers Union, Local No. 43, of the International Fur & Leather Workers Union of the United States and Canada, affiliated with the C. I. 0., for the purposes of collective bargaining. MR. WILLIAM M. LEISERSON, dissenting : Since there is an order outstanding against the Company in a proceeding involving unfair labor practices 4'and since the Company has not complied with such, order, I would not direct an election until there has been compliance with the Board's order. 1 Llattei of Gutmann & Company and National Leather Workers Association , Local 43, 18 N L R B 64