American Extract Co.

National Labor Relations Board - Board DecisionsSep 28, 1942

44 N.L.R.B. 551 (N.L.R.B. 1942)

In the Matter Of AMERICAN EXTRACT COMZ'ANY and INTERNATIONAL FuR & LEATHER WORKERS UNION, LOCAL 200, AFFILIATED WITH THE C. I. O. Case No. B-4288.-Decided September 08, 1942 Jurisdiction : tanning extract manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, including firemen-watchmen, but excluding executives, supervisory employees, foremen, working or subforemen, clerical workers, laboratory workers, and teamsters , stipulation as to. Mr. A. V. Cherbonnier, of New York City, for the Company. Mr. George O. Pershing, of Williamsport, Pa., and Mr. Oscar Ober- ther of Mt. Jewett, Pa., 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 International' Fur & Leather Workers Union, Local 200, herein called the Union, alleging that a question af- fecting commerce had arisen concerning the representation of employees of American Extract Company, Port Allegheny, Pennsyl- vania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before W. G. Stuart Sherman, Trial Examiner. Said hearing was held at Sheffield, Pennsylvania, on September 17, 1942. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY American Extract Company is an Illinois corporation with its prin- cipal place of business at Port Allegheny, Pennsylvania, where it is 44 N. L. R. B., No. 100. 551 552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD engaged in the manufacture of tanning extracts. During 1941 the Company purchased raw materials valued in excess of $200,000, ap- proximately 85 percent of which was shipped to it from points out- side Pennsylvania. During the same period, the Company shipped finished products valued in excess of $200,000 to points outside Penn- sylvania. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED - International Fur & Leather Workers Union, Local 200, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During May 1942, the Union requested the Company to recognize it as the exclusive representative of the Company's employees. The Company denied this request, stating that it doubted the Union's claim to a majority. A statement of the Trial Examiner, read into evidence during the hearing, indicates that the Union represents a substantial number of the 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 Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance employees of the Company, including firemen-watchmen, but excluding executives, supervisory employees, foremen, working or subforemen, clerical workers, laboratory workers, and teamsters, constitute a unit appropriate for the purposes, of collec- tive 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 in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election The Trial Examiner reported that the Union presented 34 membership application or enrollment cards bearing apparently genuine signatures of persons whose names appear on the Company 's pay roll of September 15, 1942 . There are approximately 63 employees in the unit hereinafter found to be appropriate. AMERICAN EXTRACT COMPANY 553 herein, subject to the limitations and additions set forth -in the Direction. 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 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 American Extract Company, Port Allegheny, 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 and super- vision of the Regional Director for the Sixth 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,during the pay-roll period immediately preceding the date of this Direction, including any such 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 tem- porarily laid off, but excluding any who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented by International Fur & Leather Workers Union, Local 200, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. MR. WM. M. LEISERSON took no part in the consideration of the above Decision and Direction of Election.