Alpena Tanning Co.

National Labor Relations Board - Board Decisions

May 8, 1942

40 N.L.R.B. 1225 (N.L.R.B. 1942)

In the Matter of ALPENA TANNING COMPANY and DISTRICT' 50,
UNITED MINE WORKERS OF AMERICA, C. I. O.
Case No. R-3785.-Decided May 8, 1942
Jurisdiction : tanning industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition until certified by the Board ; pay roll
stipulated by parties used to determine eligibility ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding clerical and supervisory employees and watchmen;
stipulation as to.
Mr. Frank H. Bowen, for the Board.,
Mr. John W.Morgan, of Boston, Mass., for the Company.
Mr. Gaal Nedry, of Detroit, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT' OF THE CASE
Upon petition duly filed, by District 50, United Mine Workers
of America, C.J. O.,,herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Alpena Tanning, Company, Alpena, Michigan, herein called
the Company,, the National Labor Relations Board provided for an
appropriate hearing upon due notice.
On April 23, 1942, before a hearing was held, the Company, the
Union, and the Regional Director for the Seventh Region (Detroit,
Michigan) entered into a stipulation containing an agreed statement
of facts and expressly waiving the holding of a hearing by the
Board. The Board hereby approves the stipulation.
Upon the entire record in'the case, the Board makes'the following:
FINDINGS OF FACT
I. THE BUSINESSOF THE COMPANY
Alpena Tanning Company is a Massachusetts corporation with its
principal office and, place.,of business at Alpena, Michigan, where it
40 N. L. It. B., No. 216.
1225
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is engaged in the business of tanning leather. Between August 11,
1941, and December 23, 1941, the Company processed hides valued at
about, $200,000, approximately, 75 percent of which, was shipped to it
from outside Michigan. During the 6-month period preceding April
15, 1942, the Company shipped products valued at about $250,000, all
of which were shipped outside Michigan.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On March 31, 1942, the Union requested the Company to recognize
it as exclusive --representative =of - the Company's employees.- The
Company denied this request until such" time as the Union is certified
by the Board. A statement of the, Regional Director, appended to
the above-mentioned stipulation, shows that the Union represents a
substantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees of the Company, excluding
clerical and supervisory employees and watchmen, constitute a unit.
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct, that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees within the appropriate unit who were employed as of April
15, 1942,2 subject to the limitations and additions set forth in the
Direction of Election herein.
I The Regional Director reported that the Union presented 44 authorization cards bearing
the signatures of persons whose names appear on the Company ' s pay roll of April 15,
1942 There are 77 employees in the unit hereinafter found to be appropriate.
2 The parties stipulated the use of this pay roll to determine eligibility to vote.
ALPENA TANNLN'G COMPANY
DIRECTION OF ELECTION '
1227
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 to ascertain representa-
tives for the purposes of collective bargaining with Alpena Tanning
Company, Alpena, Michigan, 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 Seventh 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
the employees in the unit found appropriate in Section IV, above,
who were employed as of April 15, 1942, 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 employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by District 50, United Mine Workers
of America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.