General Leather Products, Inc.

National Labor Relations Board - Board Decisions

Feb 23, 1938

5 N.L.R.B. 573 (N.L.R.B. 1938)

In the Matter of GENERAL LEATHER PRODUCTS , INC. and SUITCASE, BAG
& PORTFOLIO MAKERS UNION
Case No. R-315.-Decided February 23, 1938
Leather Products Industry-Investigation of Representatives: controversy
concerning representation of employees : prior election conducted by employer not
determinative of issue of majority representation-Unit Appropriate for Collective
Bargaining: production and maintenance employees-Election Ordered
Mr. Charles G. Graham, for the Board.
Mr. Simon M. Seley, of Newark, N. J., for the Company.
Isserman ct Isserman, by Mr. Morris Isserman, of Newark, N. J.,
for the Union.
Miss Fannie M. Boyls, of counsel to the Board.
DECISION
AND
C
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 27,1937, Suitcase, Bag & Portfolio Makers Union, herein
called the Union, filed with the Regional Director for the Second
Region (New York City) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of General Leather Products, Inc., Newark, New Jersey, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On September 16,
1937, 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
1, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On September 17, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the Union. Pursuant to the notice, a hearing was held on Sep-
tember 24, 1937, at New York City, before H. R. Korey, the Trial Ex-
aminer duly designated by the Board. The Board, the Company, and
573
'574 NATIONAL LABOR RELATIONS BOARD
the Union were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and to cross -examine wit-
nesses, 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 objections to the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner 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
General Leather Products , Inc., is a corporation organized in 1933
under the laws of the State of New Jersey . It operates a plant at
Newark, New Jersey , at which it tans leather and manufactures leather
belts and hand luggage consisting of bags, suitcases , and portfolios.
It normally employs about 75 production and maintenance , employees,
not including supervisory employees.
Raw materials used by the Company consist of sheepskin , cowhide,
buffalo, and pigskin leather, locks, bolts , zippers, buckles , and miscel=
laneous hardware , cloth linings, oils , and ext;mcts . About 50 per cent
of these raw materials are purchased outside the State of New Jersey.
About 95 per cent of the finished products are sold outside the State
of New Jersey.
The approximate annual cost of raw materials purchased by the
Company is $100,000. Its gross sales average about $200 ,000 annually.
II. THE ORGANIZATION INVOLVED
Suitcase , Bag & Portfolio Makers Union is a labor organization,
which has been in existence for approximately 27 years. It admits to
membership all production and maintenance employees of the Com-
pany, excluding supervisory foremen, executives , and office workers.
III. TIIE QUESTION CONCERNING REPRESENTATION
Shortly prior to June 6, 1937, the Union commenced organizing th'e
employees of the Company . On that date Morris Brotherson , presi-
dent of the Company, caused an election to be held among the produc-
tion and maintenance employees to determine whether they desired
to organize a union, to form a shop committee, or to bargain indi-
vidually. Fifty-nine of the Company's 73 employees who were
eligible to vote participated in the balloting. Twenty-five voted
to organize a union, nine to form a shop committee , and 15 for indi-
DECISIONS AND ORDERS 575
victual bargaining; eight ballots were blank, and two were marked
"undecided." Ten of the 25 employees who voted to organize a union
wrote "C. I. 0." on their ballots.
The Union continued its organizational activities and on August
27, 1937, claimed in its petition for' an investigation and certification
that it represented a majority of the Company's employees.
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 rela-
tion 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 Union claims in its petition for investigation and certification
that all production and maintenance employees of the plant, exclud-
ing supervisory foremen, executives, and office workers, constitute an
appropriate unit. The Company contended at the hearing that em-
ployees in its belt and tannery departments did not belong in the
same unit with its other employees because there existed separate belt
and tannery unions to which such employees could have belonged.
There is no evidence that the unions referred to by the Company have
a single member in the plant or have even attempted to secure mem-
berships therein. It appears that the Company did not attempt to
separate its employees into different units in conducting the balloting
which we have hereinbefore described in Section III. Furthermore,
membership cards of the Union, which were introduced in evidence,
reveal that each department of the Company's plant is represented
by the Union. In accordance with our usual practice, in the absence
of any evidence tending toward a contrary result, we shall exclude
supervisory and clerical employees from the production and mainte-
nance unit.
We find that the production and maintenance employees of the
Company, excluding supervisory foremen, executives, and office work-
ers, constitute a unit appropriate for the purposes of collective bar-
gaining 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 effectuate the policies of the Act.
576 NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
The Union claimed a membership of 45 out of the 70 to 75 em-
ployees in the appropriate unit on August 27, 1937. The evidence
submitted at the hearing, however, was insufficient to sustain a finding
to this effect.
We find that the question concerning representation, vhich has arisen
can best be resolved by means of an election by secret ballot.
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 General Leather Products, Inc,, Newark,
New Jersey, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company,
excluding supervisory foremen, executives, and office workers, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY DIRECTED that, as part of the investigation authorized
by the Board to ascertain representatives for collective bargaining
With General Leather Products, Inc., Newark, New Jersey, an election
by secret ballot shall be conducted within fifteen (15) days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Second 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-Series 1, as amended,
among the production and maintenance employees of General Leather
Products, Inc., who were on the Company's pay roll during the
pay-roll period immediately preceding the date of this Direction,
excluding supervisory foremen, executives, and office workers, and
those who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by Suitcase, Bag & Port-
folio Makers Union for the purposes of collective bargaining.