Textileather Corp.

In the Matter of TEXTILEATHER CORPORATION and FEDERAL LABOR UNION No. 22008 (A. F. L.) Case No. R-2811.-Decided August 07, 1941 Jurisdiction : leather products manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition ; contract in effect for more than one year and shortly to expire, no bar to; supplemental agreement providing for a closed-shop entered into after filing of petition and after formal notice of the claim of a rival organization, no bar to; eligibility to be determined by a pay roll preceding execution of supplemental agreement providing for a closed shop ; election necessary. Unit Appropriate for Collective Bargaining : all employees, excluding execu- tives, managers, superintendents, foremen, office employees, timekeepers, cost clerks, and laboratory technicians. Marshall, Melhorn, Davies, Wall & Block, of Toledo, Ohio, by Mr. Henry R. Bloch, for the Company. Mr. John W. Hackett, of Toledo, Ohio, for the A. F. of L. Mr. Isadore Katz of New York City, for the C. I. O. Mr. Norman M. Neel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July 8, 1941, Federal Labor Union No. 22008, affiliated with the American Federation of Labor, herein called the A. F. of L., filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Textileather Corpora- tion, Toledo, Ohio, 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 July 24, 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, ordered an investigation and 35 N. L. R. B., No. 2. 7 8 bECISIONS OF NATIONAL LABOR RELATIONS BOARD authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 24, 1941, the Regional Director issued a notice of hear- ing. copies of which were duly served upon the Company, upon the A. F. of L., and upon Textile Workers Union of America, Local No. 224, affiliated with the Congress of Industrial Organizations, herein called the C. I. 0., a labor organization claiming to represent em- ployees directly affected by the investigation. Pursuant to notice, a hearing was held on July 29, 1941, at Toledo, Ohio, before Harry L. Lodish, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the A. F. of L., and the C. I. 0., were represented by counsel and participated in the hearing. Full oppor- tunity 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 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. On August 10, 1941, the A. F. of L. and the C. I. O. filed briefs which have been considered by the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THV COMPANY Textileather Corporation is a Delaware corporation engaged in the manufacture of fabricated leather products, finished corduroys, and automotive head linings in Toledo, Ohio. The principal raw materials used by the Company are cotton goods, corduroys, coated fabrics, and chemicals of which approximately 90 per cent are shipped to the Company from places outside the State of Ohio. The Com- pany's annual sales amount to more than $1,000,000 in value, of which 95 per cent represent products sold and delivered to places outside the State of Ohio. At the hearing the parties stipulated that the Company is engaged in interstate commerce within the meaning of the Act and subject to the jurisdiction of the Board. II. TIIE ORGANIZATIONS INVOLVED Federal Labor Union No. 22008 is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. Textile Workers Union of America, Local No. 224, is a labor organ- ization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. TEXTILEATHER CORPORATION 9 III. THE QUESTION CONCERNING REPRESENTATION On October 1, 1939, the C. I. O. entered into a collective bargaining contract with the Company which recognized the C. I. O. as the ex- clusive representative of the Company's employees. The contract was renewed on October 1, 1940, with the provision that it would be automatically renewed each year unless notice of intention to change or terminate it were given by either party 60 days prior to its expiration date. On July 8, by letter, the A. F. of L. informed the Company that a petition had been filed with the Regional Director; that the A. F. of L. represented a majority of the Company's employees; and that such majority did not recognize the contract between the Company and the C. I. O. The A. F. of L. expressed its readiness to negotiate a contract at the Company's earliest convenience. It does not appear that the Company replied to this letter. On July 12, 1941, the C. I. O. entered into a supplemental agree- ment with the Company which made membership in the C. I. O. a condition of employment. The C. I. O. contends that its contracts with the Company con- stitute a bar to this proceeding. The contention is without merit. The contract of October 1, 1939, has already been in effect for more than 1 year and its expiration date, subject to the termination provi- sion, is imminent.' Moreover, the supplemental agreement of July 12, 1941, providing for a closed shop cannot be considered a bar to a determination of the issues herein since it was entered into after the petition in this case was filed and after formal notice of the claim of a rival labor organization to exclusive recognition was given to the Company. At the hearing there was introduced in evidence a report of the Trial Examiner showing substantial memberships in the C. I. O. and the A. F. of L.3 We find that a question has arisen concerning the representation of employees of the Company. 1 See Matter of J Edwards & Co and United Shoe Workers of i.mei ice, Local 127, C. 1. 0 , 20 N L. R. B. 244, and cases cited ; see also Matter of McLouth Steel Corporation and Local 174, International Union, United Automobile Workers of America, affiliated wtith the Congress of Industrial Organizations, 30 N L. R B. 1000, and cases cited. 9 See Matter of Sloss Sheffield Steel & Iron Company and Brotherhood of Railroad Train- men, etc, 14 N. L. R. B. 186; Matter of General Dry Batteries,' Inc and Battery Workers' Federal Labor Union, No 29516, A F of L, 29 N L. R B. 1017 3 The A F. of L . submitted to the Trial Examiner 309 cards bearing apparently genuine signatures of persons authorizing the A. F. of L. to represent them. Almost all the cards were dated a few days prior to July 9, 1941. Two hundred ninety -seven of' the signatures were the names of persons appearing on the Company's July 28, 1941, pay roll. The C I 0 submitted 406 cards bearing apparently genuine signatures , 349 of which were the names of persons appearing on the Company's July 28, 1941 , pay roll Almost all the cards were dated a few days after July 9, 1941, and approximately 135 of the cards contained a clause purporting to revoke authorizations previously given to the A. F. of L The Company employs between 500 and 550 persons 10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 stipulated at the hearing that the appropriate unit should consist of all employees of the Company except executives, managers, superintendents, foremen, office employees, timekeepers, cost clerks, and laboratory technicians. The stipulated unit is almost identical with the unit covered in the contract between the C. I. 0. and the Company, differing only in that supervisors ,4 who are ex- cluded from the coverage of the contract, are included within the unit stipulated. These supervisors are eligible to membership in both unions. In accordance with the stipulation, we find that all employees of the Company, excluding executives, managers, superintendents, fore- men, office employees, timekeepers, cost clerks, and laboratory tech- nicians, constitute a unit appropriate for the purposes of collective bargaining. We further 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 We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. The C. I. 0. contends that a current pay- roll date should be used to determine eligibility to vote in this election while the A. F. of L. requests that an earlier pay roll be used. Since the supplemental agreement, dated July 12, 1941, required membership in the C. 1. 0. as a condition of employment after that date, we believe that eligibility to vote should be determined on the basis of the pay roll immediately preceding the execution of the supplemental agree- ment. We shall direct that all employees in the appropriate unit 4 The record does not disclose the nature of the duties of supervisors or indicate the dis- tinction between them and other persons working in supervisory capacities. 5 See Matter of General Dry Batteries, Inc. and Battery Workers ' Federal Labor Union, No. 22516, A. F. of L , 29 N. L. R. B. 1017. TEXTILEATHER CORPORATION 11 whose names appear on the Company's pay roll immediately preceding July 12, 1941, subject to such limitations and additions as are set forth in the Direction, shall be eligible to vote. 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 Textileather Corporation, Toledo, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company, excluding executives, managers, superintendents, foremen, office employees, timekeepers, cost clerks, and laboratory technicians, constitute a unit appropriate for the pur- poses 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 Textileather Corporation, Toledo, Ohio, 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, under the direction and supervision of the Regional Director for the Eighth 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 employees of the Company who were employed during the pay-roll period immediately preceding July 12, 1941, including 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 executives, managers, superintendents, foremen, office employees, timekeepers, cost clerks, and laboratory technicians, and employees who have since quit or been discharged for cause, to determine whether they desire to be repre- sented by Federal Labor Union, No. 22008, affiliated with the American Federation of Labor, or by Textile Workers Union of America, Local No. 224, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither.