Allied Kid Co.

National Labor Relations Board - Board DecisionsMar 6, 1942

39 N.L.R.B. 542 (N.L.R.B. 1942)

In the Matter of ALLIED KID COMPANY, STANDARD & STERLING DIVISIONS and INTERNATIONAL FUR AND LEATHER WORKERS UNION, C. I. O. , Case No. R-8498.-Decided March 6, 1942 Jurisdiction : goat skin processing industry. Investigation and Certification of Representatives : existence of question: conflict- ing claims of rival unions; Company refused to accord recognition to either of two rival unions until certified by the Board; contract with rival union which has expired, no bar to; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance employees at the Company's two plants, excluding clerical, sales, warehouse, and supervi- sory employees, foremen, watchmen, chauffeurs, and chauffeurs' helpers. Mr. H. Albert Young, of Wilmington, Del., for the Company. Leider, Witt & Cammer, byaMr. Harold I. Cammer, of New York City, for the International. Mr. Thomas J. Mullaney, of Philadelphia; Pa., for the United. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 25, 1941, International Fur and Leather Workers Union, C. I. 0., herein 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 the Standard & Sterling Divisions of Allied Kid Company, Wilmington, Delaware, herein called the Com- pany, aad requesting an investigation and certification of representa- tives pursuant to, Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 27, 1942, 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. 39 N. L. R. B., No. 94. 542 ALLIED KID COMPANY 543 On January 28,,1942, the Regional Director issued a notice of hear-, 'ii g, copies of which were duly served upon the Company, the Inter- national, and United Leather Workers International Union, A. F. of L., herein called the United, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on February 4, 1942, at Wilmington, Delaware, before Jerome I. Macht, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the International, and the United were represented and 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. 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 these rulings 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 1. THE BUSINESS OF THE COMPANY Allied Kid Company is a Massachusetts corporation . It operates two plants at Wilmington , Delaware, where it is engaged in the business of processing goat skins . The Company purchases approximately $3,000,000 worth of goat skins annually, all of which are shipped to it from foreign , countries . The Company processes annually-goat skins valued at about $7,000,000, all of which are shipped by it to points outside the-State of Delaware. II. THE ORGANIZATIONS INVOLVED International Fur and Leather Workers Union is a labor organiza- tion affiliated with, the Congress of Industrial Organizations, admitting to membership employees of the Company. United Leather Workers International Union is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize either the International or the United as the exclusive representative of its employees until such, time as one or the other is certified by the Board. In December- 1940, following an election, the Board certified the United as the exclusive representative of the Company's employees. 'Thereafter the Company and the United entered into an exclusive con- tract, which expired 'on January 2, 1942. It is apparent that the-con- tract constitutes no bar to a present determination of representatives. 448105-42-vol. 30-3G 544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A statement of the Regional Director, introduced into evidence at the hearing, shows that the International represents a substantial number of employees in the alleged appropriate unit.' 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 International and the United agreed that all production and maintenance employees at the Fourth and Monroe Streets plants of the Company, excluding clerical, sales, warehouse, and supervisory employees, foremen, watchmen, chauffeurs, and chauffeurs' helpers, constitute an appropriate unit. The Company took no position with respect to the unit. The only controversy with respect to the unit concerns 11 alleged assistant foremen. Harry Alexander, Fanny Pufahl, and Elizabeth Hickey are carried on the pay roll of the Company as foremen. The superintendent of the Company testified that such employees are supervisory and are paid on a salary basis. We find that these employees are foremen and we shall exclude them from the unit. Teddy Hall, William Connell, Paul ^ King, Harry Schmidt, James Welsh, and J. O'Brien are listed by the Company as assistant fore- men. It appears that these employees are charged with the duty of keeping production on a uniform basis and they keep the time record of the employees in the respective departments. These employees transmit the orders from the foremen to the production employees. We find that these persons are supervisory employees. We shall exclude these employees from the unit. Willard Lockerman is classified by the Company, as an assistant foreman. It appears that Lockerman is a color mixer and is the only employee in that department. He is paid on an hourly basis and has no supervisory powers. We find that Lockerman is not a supervisory employee and we shall include him in the unit. Frank Jurkowski is classified by the Company as an ordinary pro- duction worker. He testified at the hearing that he is not a super- I The Regional Director reported that the International presented 204 membership application cards bearing the names of persons who appear on a pay roll of the Company. There are approximately 500 em- ployees in the alleged appropriate unit. The United bases its representation claims on its now expired con- tract with the Company. ALLIED KID COMPANY 545 visory employee in any sense of the word and performs the same duties as other employees in his department. A witness for the United stated that Jurkowski "tells men what to do and how to fix machines." It appears from the record that Jurkowski's duties are not of a supervisory nature. We shall include him in -the unit. We find that all production and maintenance employees at the Fourth and Monroe Streets plants of the Company, excluding clerical, sales, warehouse, and supervisory' employees, foremen, watchmen, chauffeurs, and chauffeurs' helpers, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self-organ-' ization and to collective bargaining and otherwise will effectuate the policies of the Act.2 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 ballot. The International and the United agreed at the hearing that in the event the Board directs an election, eligibility to vote should be determined by the Company,s pay roll for the period ending February 1, 1942. The Company took no position with respect to the eligi- bility date. We shall direct that the employees of the Company eligible to vote in the election shall be those. employees within the appropriate unit who were employed during the pay-roll period end- ing February 1, 1942, subject to the limitations and additions set forth in the Direction of Election herein. 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 repre- sentation of employees of Allied Kid Company, Wilmington, Dela- ware, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees at the Fourth and Monroe Streets plants of the Company, excluding clerical , sales, warehouse, and supervisory employees, foremen, watchmen, chauf- feurs, and chauffeurs' helpers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. Y This is substantially the same unit as was covered by the contract between the Company and the United. 546 DECISIONS OF NATIONAIJ LABOR, RELATIONS BOARD 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 bar- gaining with Allied Kid Company, 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 of Election, under the direction and supervision of the Regional Director for the Fourth 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 production and maintenance employees at the Fourth' and Monroe Streets plants of the Company who were employed during the pay-roll period ending February 1, 1942, includ- ing employees who did not work during such pay-roll period because they were ill• or on vacation or in the active military service or train- ing of the UnitedStates, or temporarily laid off, but excluding clerical, sales, warehouse, and supervisory employees, foremen, watchmen; chauffeurs, chauffeurs' helpers, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by -Iliterhational 'Fur and Leather Workers Union, affiliated with the Congress'of'Industrial Organizations, or by United Leather Workers International Union, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. ' CHAIRMAN MILLIS took no part in.the consideration of the above Decision and Direction,of Election.