Allied Kid Co.

National Labor Relations Board - Board Decisions

Dec 19, 1940

28 N.L.R.B. 687 (N.L.R.B. 1940)

In the Matter of ALLIED KID CO., STANDARD KID AND STERLING KID
DIVISIONS and UNITED LEATHER WORKERS INTERNATIONAL UNION
LOCAL #69, AFFILIATED WITH THE A. F. OF L.
Case No. R-2167.-Decided December 19, 1940
Jurisdiction : tanning industry.
Investigation and Certification of Representatives : existence of question : con-
flicting claims of rival representatives ; dispute as to appropriate unit ;
election necessary.
Unit Appropriate for Collective Bargaining : production employees at one of
Company's plants, excluding assistant foremen (departmental foremen), but
excluding clerical, sales, maintenance, warehouse, and supervisory employees,
foremen, watchmen, chauffeurs, and chauffeurs' helpers.
Mr. H. Albert Young, of Wilmington, Del., for the Company.
Mr. Thomas J. Mullaney, of Philadelphia, Pa., for the United.
Mr. Sol D. Kapelsohn, of Newark, N. J., for the International.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 26, 1940, the United Leather Workers International
Union Local #69, affiliated with the A. F. of L., herein called the
United, filed with the Regional Director for the Fourth Region
(Philadelphia, Pennsylvania) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Allied Kid Co., Wilmington, Delaware, herein called the Company,
at its Fourth and Monroe Streets plant, and requesting an investiga-
tion 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, 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.
28 N. L.R.B,No 101.
687
688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I
On November 8, 1940, the Regional Director issued a notice of
hearing,' copies of which were duly served upon the Company, the
United, and International Fur & Leather Workers Union, affiliated
with the C: I. 0., herein called the International, a labor organiza-
tion claiming to represent employees of. the Company. Pursuant to
notice, a hearing was held at Wilmington, Delaware, on November
25 and 26, 1940, before Samuel G. Zack, the Trial Examiner duly
designated by the Board. The Company, the United, and the In-
ternational 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 upon the issues was
afforded all parties. The Trial Examiner granted a motion by the
International to intervene. 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 com-
mitted. The rulings are hereby affirmed.
At the request of the International,2 and pursuant to notice, a hear-
ing was held before the Board in Washington, D. C., on December
12, 1940, for the purpose of oral argument. The Company and the
United appeared by counsel and participated in the argument.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Allied Kid Company is a Massachusetts corporation, engaged in
manufacturing and tanning goat skins in two plants at Wilmington,
Delaware. The Company 'annually purchases approximately 600,000
dozens of goat skins, valued at approximately $3,000,000, all of which
are obtained from foreign countries. The Company annually proc-
esses goat skins valued at approximately $7,000,000, all of which are
shipped to points outside the State of Delaware.
II. THE ORGANIZATIONS INVOLVED
United Leather Workers International Union Local x$69 is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company. -
International Fur & Leather Workers Union is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
i The hearing as scheduled was subsequently postponed upon notice to all parties.
2 The International withdrew its request for oral argument and did not appear at
the hearing. I '
ALLIED KID CO.
III. THE QUESTION CONCERNING REPRESEN TATION
689
It was stipulated between the United and the International, with-
out objection by the Company, that a hearing and election by the
Board is necessary to resolve their conflicting claims concerning rep-
resentation of employees of the Company.
At the hearing the United and the International advanced con-
flicting claims concerning the scope of the appropriate unit and each
organization claimed to represent a majority of employees within the
unit asserted by it to be appropriate.
There was introduced in evidence a report prepared by the Re-
gional Director tending to show that the United represents it sub-
stantial number of the employees in the unit hereinafter found to
be appropriate.3. At the hearing the United and the International
stipulated, without objection by the Company, that the International
represents a substantial number of employees of the,Company.
We find that a question has arisen concerning 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
with foreign countries, and tends to lead to labor disputes burdening
and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company operates two tanning plants situated about 2 miles
apart at Wilmington, -Delaware. One plant is at Fourth and Monroe
Streets and houses the Standard and Sterling divisions of the Com-
pany. This plant employs over 400 persons and processes glazed
kid. The other plant at Eleventh and Poplar Streets houses the
Newcastle, Specialty, and Quaker divisions • of the Company. This
plant employs between 800 and 900 persons and processes principally
suede and "Maracain" leather. _
At the hearing the United and the International agreed that all
production employees, including assistant foremen (departmental
foremen), but excluding clerical, sales, maintenance, warehouse, and
8 The Regional Director ' s report showed that in support of its claim the United produced
193 application cards signed by persons whose names appear on the Company ' s pay roll
of September 26, 1940 There are approximately 400 employees in the unit claimed by
the United to be appropriate.
690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
supervisory employees, foremen, watchmen, chauffeurs, and chauf-
feurs' helpers, constitute an appropriate unit. At the hearing, also,
the International contended that the bargaining unit _should cover
the employees at both plants, while the United urged that the unit
be restricted to the employees at the Fourth and Monroe Streets plant.
The Company made no contention concerning the appropriate unit.
After the hearing the International, in a letter to the Board dated
December 7, 1940, which is hereby made a part of the record, aban-
doned its contention for a two-plant unit and jointed in the request
by the United for an election among the employees at the Fourth
and Monroe Streets plant alone.4
Under these circumstances we find that the production employees
at the Fourth and Monroe Streets plant of the Company, including
assistant foremen (departmental foremen), but excluding clerical,
sales, maintenance, warehouse, and supervisory employees, foremen,
watchmen, chauffeurs, and chauffeurs' helpers, constitute a unit ap-
propriate 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 effec-
tuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the rep-
resentation of employees of the Company can best be resolved by an
elect-ion by 'secret ballot. The United and the International stipu-
lated, without objection by the Company, that the Company's pay
roll of September 26, 1940, should be used to govern eligibility. No
"reason appears why this stipulation should be denied effect.
We shall accordingly direct that an election by secret ballot be
held among the Company's employees in the appropriate unit whose
names appear on the Company's pay roll of September 26, 1940, with
the inclusions and exclusions set forth in the Direction, to determine
whether they desire to be represented by the United or by the Inter-
national, for the purposes of collective bargaining, or by neither.
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 Allied Kid Co., Wilmington, Delaware,
4 The Company has a contract with an affiliate of the American Federation of Labor,
presumably the United , covering the glazing department of the Standard division at the
Fourth and Monroe Streets plant This contract is not urged as a bar to this proceeding.
ALLIED KID, CO. 691
at its Fourth and Monroe Streets plant, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and ( 7) of the National Labor Rela-
tions Act.
2. All' production employees at the Fourth and Monroe Streets
plant, Of Ythe Company, including assistant foremen ( departmental
foremen ), but excluding clerical , sales, ' maintenance, warehouse, and
supervisory employees , foremen, watchmen , chauffeurs and chauffeurs'
helpers, constitute a unit appropriate \ for the purposes of collective
bargaining within the meaning of Section 9 (b)' 'of the National' Labor
-Relations^Aet.
DIRECTION OF ELECTION
By 'virtue of and pursuant to the power vested in the National
Labor Relations Board by'Section 6'(c) of the National Labor Rely s
tions Act, 49 Stat. 449, 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 bargain-
ing with Allied Kid Co., Wilmington, Delaware, 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 Fourth Region, acting
in this, matter' askagent for the National Labor Relations Board', and
subject to Article III, Section 9, of said Rules and Regulations, among
all production employees at the Fourth and Monroe Streets plant of
the Company whose names appear on the Company's pay roll of
September 26, 1940, including assistant foremen (departmental fore-
men), employees who did not work during such pay-roll period 'be-
cause they were-ill or on vacation, and employee`s who were then or
have since'been temporarily laid off, but excluding clerical, sales,
maintenance, warehouse, `and' supervisory employees, foremen, watch-
men, chauffeurs, chauffeurs' helpers, and employees who have since
quit or been discharged for' cause, to determine whether they desire
to be represented by United Leather Workers International Union
Local #69, affiliated with the A. F. of L., or by International Fur
& Leather Workers Union, affiliated with the C. I. 0., for the purposes
of collective bargaining, or by neitlier. '
CHAIRMAN HARRY A. MILLIS took nopart"in the consideration of
the above Decision and Direction of'Election:
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