Elk Tanning Co.

National Labor Relations Board - Board Decisions

Aug 21, 1940

26 N.L.R.B. 906 (N.L.R.B. 1940)

In the Matter of ELK TANNING COMPANY and INTERNATIONAL FUR
AND LEATHER WORKERS' UNION, AFFILIATED WITH C. I. O.
Case No. R-1982.-Decided August 21, 1940
Jurisdiction : tanning industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding clerical and supervisory employees.
Pitney, Hardin & Skinner, by Mr. William J. Brennan, Jr., of
Newark, N. J., and Barbour & Pontzer, by Mr. Robert F. Ponzter,
of Ridgway, Pa., for the Company.
Mr. Victor Hirshfield, of New York City, for the International.
Mr. Herbert P. Sorg, of St. Marys, Pa., for the T. W. U.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 13, 1940, International Fur and Leather Workers' Union,
herein called the International, filed with the Regional Director for
the Sixth Region (Pittsburgh, Pennsylvania) a petition, and on May
23, 1940, an amended petition, alleging that a question affecting
commerce had arisen concerning representation of employees of Elk
Tanning Company, Wilcox, Pennsylvania, herein called the Com-
pany, at its Wilcox, Pennsylvania, tannery, and requesting an inves-
tigation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On June 26, 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. On June 29, 1940, the Regional
Director issued a notice of hearing, copies of which were duly served
upon the Company, the International, and Tannery Workers' Union,
26 N. L. R. B., No. 94.
906
ELK TANNING COMPANY 907
herein called the T. W. U., a labor organization claiming to represent
employees directly affected by the investigation.
Pursuant to the notice, a hearing was held on July 8, 1940,. at
Ridgway, Pennsylvania, before Robert H. Kleeb, the Trial Examiner
duly designated by•the Board. All parties were represented by coun-
sel and participated in the hearing. At the commencement of the
hearing the T. W. U. filed a formal motion to intervene in this pro-
ceeding. The Trial Examiner granted this motion. During the
course of the hearing the Trial Examiner made several rulings on the
admissibility of evidence. The Board has reviwed the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. 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
Elk Tanning Company is a Pennsylvania corporation, having its
main office in New York City. It is a wholly owned subsidiary of
the United States Leather Company, a New Jersey corporation. The
Company owns two subsidiaries: Northeastern Coal Company and
Standard Hide Power Manufacturing Company, both at Ridgway,
Pennsylvania. It owns and operates tanneries at Coudersport, Ridg-
way, Clearfield, Emporium, and Wilcox, Pennsylvania.
At its Wilcox tannery, which is the only plant involved in this
proceeding, the Company is engaged in the tanning of cattle hides
for sole leather. During 1939 all the raw materials used by the Com-
pany at its Wilcox tannery were sent into Pennsylvania from othel
States of the United States and foreign countries. In the same yeas
78.65 per cent of the finished products of the tannery were shipped by
the Company to points outside Pennsylvania. The Wilcox tannery
comprises 34 buildings, covering 55 acres of land.'
The Company admits that it is engaged in interstate commerce.
II. THE ORGANIZATIONS INVOLVED
International Fur and Leather Workers' Union is a labor organiza-
tion affiliated with the Congress of Industrial Organizations. It
admits to membership production and maintenance employees of the
Company.
Tannery Workers' Union is an unaffiliated labor organization. It
admits to membership production and maintenance employees of the
Company.
I Because its competitors are not required to make public any statements revealing the amount of their
business in dollars, volume, or tonnage accounts, the Company has pending before the Securities and Ex-
change Commission an application to make such disclosures by it unnecessary. The Company was not
required to disclose these figures in this proceeding in view of its admission of the interstate character of its
business. ,
908= DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The International and the T. W. U. each claim to represent a
majority of the production and maintenance employees of the Com-
pany at its Wilcox plant. A statement of the Field Examiner intro-
duced into evidence shows that each union appears to have a sub-
stantial membership among such employees.
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
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 parties agree, and we find, that all production and maintenance
employees of the Company at its Wilcox, Pennsylvania, tannery,
excluding clerical and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining. We find 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 effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The parties agree, and we find, that the question which has arisen
concerning the representation of employees of the Company at its
Wilcox, Pennsylvania,- tannery, can best be resolved by an election.
We will direct the holding of such an election.
We will direct that those eligible to vote in the election shall be
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election, including employees who did not work during that pay-roll
period because they were ill or on vacation and employees who were
then or have since been temporarily laid off, but excluding any who
have since quit or been discharged for cause.
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 repre-
sentation of employees of Elk Tanning Company at its Wilcox,
ELK TANNING COMPANY 909
Pennsylvania , tannery, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company at
its Wilcox , Pennsylvania , tannery, excluding clerical and supervisory
employees, constitute a unit appropriate for the purposes of collective
bargaining , within the meaning of Section 9 (b) of the 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 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Elk Tanning Company, Wilcox , 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 of Election, under
the direction and supervision 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 Regula-
tions, among all production and maintenance employees of the Com-
pany at its Wilcox, Pennsylvania , tannery, who were employed by the
Company during the pay-roll period immediately preceding the date
of this Direction of Election , including employees who did not work
during that pay-roll , period because they were ill or on vacation and
employees who were then or have since been temporarily laid off, but
excluding clerical and supervisory employees and any who have since
quit or been discharged for cause , to determine whether they desire to
be represented by International Fur and Leather Workers ' Union,
affiliated with the Congress of Industrial Organizations , or by Tannery
Workers' Union, for the purposes of collective bargaining , or by neither.
MR. EDWIN S . SMITH took no part in the consideration of the above
Decision and Direction of Election.