Eberle Tanning Co.

In the Matter of EBERLE TANNING COMPANY and INTERNATIONAL FUR' LEATHER WORKERS UNION OF U. S. AND CANADA, LOCAL 209,. AFIILIATED WITH THE C. I. O. Case R-32.449.-Decided December 12, 1947 Jurisdiction : tanning and sole leather manufacturing industries. Investigation and Certification of Representatives : existence of question: re- fusal to recognize petitioner as exclusive representative of employees; election necessary. Unit Appropriate, for Collective Bargaining : all production and maintenance employees and watchmen in both tanning and cut-sole departments, excluding executives, foremen and other supervisory employees, clerical and office employees. Mr. John TV. Morgan, of Lynn, Mass., and Mr. *Joseph Eberle, Jr., and Mr. Louis P. Caffo, both of Westfield, Pa., for the Company. Mr. John H. Russell, of Elkland, Pa., Mr. George O. Pershing, of New York City, and Mr. Harry Millstone, of Williamsport. 'Pa., for the International. Mr. Milton A. Kallis, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 26, 1941, International Fur & Leather Workers Union of U. S. and Canada`, Local" 209, affiliated with the C. I. 0., hereinafter called the International, filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania), a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Eberle Tanning Company, WWrestfie[d, Pennsylvania, herein called the Company, and requesting an investi- gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 28, 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 37 N. L R B., No. 86 530 EBERLE TANNING COMPANY 531 investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. - On October 30, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the International, the United Leather Workers International Union, A. F. of L., a labor organization claiming to represent 'employees directly affected by the investigation. Pursuant to notice, a hearing was held on November 5, 1941, at Westfield, Pennsylvania, before Robert H. Kleeb, the Trial Examiner duly designated by the Chief Trial Examiner. At the hearing the Company and the International appeared and were represented by counsel and participated in the hearing.' Full opportunity to be heard, to'examine and cross-exam- ine witnesses, and to introduce evidence bearing on the issues was afforded all parties. The International made a motion to amend its petition relative to the appropriate unit. The Trial Examiner granted this motion. 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 FACT I. THE BUSINESS OF THE COMPANY Eberle Tanning Company is a Pennsylvania corporation with its office and plant in Westfield, Pennsylvania. It is engaged in the converting of hides into leather and the cutting of the leather into strips, taps, and heels and the sale of these products. During 1940 the Company used approximately $2,250,000 worth of hides, 95 per cent of which was purchased outside the State of'Pennsylvania, and it also used approximately $370,000 worth of tanning material, all of which was purchased outside the State of Pennsylvania. Eighty- five per cent of its products are shipped to points outside the State. The Company admits that it is engaged in commerce within the meaning of the Act. ' II. THE ORGANIZATION INVOLVED International Fur & Leather Workers Union of U. S. and Can- ada, Local 209, is a labor union affiliated with the Congress of, In- 'The United Leather Workers International Union; A F of L. did not appear By letter to the Regional Director and by telegram to the Trial Examiner before the hearing it stated that it was withdrawing entirely from the proceeding and requested that its name be omitted from all election LLllots 532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD dustrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 2, 1941, the International claimed to represent a majority of the Company's employees for the purpose of collective bargaining. The Company refused to recognize and bargain col- lectively with the International. A statement of the Regional Director introduced in evidence at the hearing shows that the International represents a substantial number of employees in the alleged appropriate unit.' 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 rela- tion 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 International petitioned for a unit consisting of all production and maintenance employees and watchmen, including the tanning and cut-sole departments, and excluding executives, foremen, and other sup- ervisory employees, clerical and office employees. The Company con- tends that all of the above-mentioned employees in the tanning depart- ment, constitute one appropriate unit and all of the employees of the cut-sole department constitute another appropriate unit, excluding from each unit those employees whose exclusion is requested by the International's amended petition. Each department has its own foreman, but one superintendent is in charge of both departments and one office force and one set of corporate officers function with respect to both. All employees are paid on an hourly basis. Interchange and loaning of employees by one depart- ment to the other is a common practice. All employees of the,Com- 2 A statement of the Regional Diiector shows that on October 11. 1941, the Company had 407 employees' The petitioner exhibited 254 application cards, all signatures thereon appearing genuine Two hundied twenty-eight of the signers were on the pay loll of October 11, 1941, 82 application cards were dated between Januaiy and May 1941, inclusive, 163 were dated June to September 1941, inclusive , and 9 were undated EBERLE TANNING COMPANY 533 pany included in the unit claimed in the amended petition to be appro- priate are eligible for membership in the International. We find that all production and maintenance employees and watch- men at the Company's plant, including the tanning and cut-sole de- partments, excluding executives, foremen, and other supervisory em- ployees, clerical and office employees, constitute a unit appropriate for the purposes, of collective bargaining. We further find that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will 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 the holding of an election by secret bal- lot. We shall direct that all employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction, shall be eligible to vote. Upon the basis of the above findings of fact and upon the entire Iecord 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 Eberle Tanning Company, Westfield, Penn- sylvania, 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 and watchmen, at the Company's plant, including the tanning and the cut-sole departments; and excluding executives, foremen, and other supervisory employees, clerical and office employees, 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 Relations Act, and pursuant' to Article III, Section 8, of National Labor Rela- tions 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 Eberle Tanning Company, Westfield, 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 under'the direction 433257-42-vbn. 37-35 534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and supervision of the Regional Director for the Fourth Region, act- ing 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 maintenance employees and watchmen at the Company's plant, including the tanning and the cut-sole depart- ments, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such 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, foremen, and other supervisory employees, clerical and office employees, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Fur & Leather Workers Union of U. S. and Canada, Local 209, affiliated with the C. I. 0., for the purposes of collective bargaining.