Herkert & Meisel Trunk Co.

National Labor Relations Board - Board Decisions

May 31, 1940

24 N.L.R.B. 210 (N.L.R.B. 1940)

In the Matter Of IIERKERT & MEISEL TRUNK COMPANY and LOCAL 60,
LEATHER '& LUGGAGE WORKERS UNION, AFFILIATED WITH THE IN-
TERNATIONAL FUR & LEATHER WORKERS, AFFILIATED WITH THE CON-
GRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-1831 .-Decided May 31, 1940
Trunk, Suitcase, IHandbag, and Leather Goods Manufacturing Industry-In-
vestigation of Representatives: controversy concerning representation of em-
ployees: refusal by employer to renew recognition of or contract with union
without Board election-Unit Appropriate for Collective Bargaining: stipulation
as to, modified by subsequent testimony; all production and maintenance em-
ployees at employer's three plants, including truck drivers, shipping depart-
ment employees, and subforemen actively engaged in production, but excluding
foremen, clerical and office employees, salesmen, executives, and the watch-
man-Representatives: proof of choice : employer's contention that election is
necessary-Election Ordered: ballots of certain employees whose status is not
fully disclosed by the record, if challenged, to be segregated and ruled upon in
Election Report.
Mr. Wallace Cooper and Mr. Bernard Bralove, for the Board.
Mr. Alden A. Stockard, of St. Louis, Mo., for the Company.
Mr. Morris J. Levin, of St. Louis, Mo., for the Union.
Mr. Louis Newman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 13, 1940, Local 60, Leather & Luggage Workers Union,,
afiliatecd with the International Fur & Leather Workers and with the
Congress of Industrial Organizations, herein called the Union, filed
with the Regional. Director for the Fourteenth Region (St. Louis,
Missouri) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Herkert &
Meisel Trunk Company, St. Louis, Missouri, herein called the Com-
pany, and requesting an investigation and certification of represent-
atives pursuant to Section'9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On April 23, 1940, the Na-
24 N. L. R. B., No. 9.
210
HERKERT & MEISEL TRUNK COMPANY 211
tional Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized, the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On May 1, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served on the Company and the Union.
Pursuant to the notice, a hearing was held on May 9, 1940, at St.
Louis; Missouri, before Horace A. Ruckel, the Trial Examiner duly
designated by .the Board. The Board, the Company, and the Union
were represented by counsel 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 objections to the admission of evidence. The Board has
reviewed the rulings of the Trial Examiner and finds that no preju-
dicial error was 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
The Company is a Missouri corporation engaged in the manufac-
ture and sale, principally at wholesale, of trunks, suitcases, hand-
bags, and other types of leather goods. Its offices and one of its three
plants, known as Plant No. 1, are located at 910 Washington Avenue
in St. Louis. The other two plants, known as Plant No. 2 and Plant
No. 3, are both located at 128 Madison Avenue, St. Louis, Missouri..
All the plants are situated within a radius of 2 miles.
The raw materials used by the Company in its operations are
veneer, iron and- steel, fabric, lumber, and hardware. Of these, all
but the veneer are purchased outside the State of Missouri. The
aggregate value of the raw materials used by the Company during.
1939 was in excess of $150,000, and at least 80 per cent of these
materials were shipped to the Company in carload lots from points
outside the State of Missouri. During the same period the Com-
pany's sales of finished products amounted to approximately $850,000.
At least 90 percent of all finished products sold by,the Company are
shipped to purchasers in States other than Missouri. At the time
of the hearing the Company had approximately 250 production and
maintenance employees.
212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATION INVOLVED
Local 60, Leather & Luggage Workers Union is a labor organization
affiliated with the International Fur & Leather Workers,' affiliated
with the Congress of Industrial Organizations. It admits to member-
ship employees at all three plants of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 7, 1939, the Company and the Union, then known
simply as the Leather and Luggage Workers Union, entered into a con-
tract dated as of January 3, 1939, governing wages, hours, and other
conditions of employment. By, its terms the contract was to remain in
effect until January 1, 1940, and thereafter from year to year subject
to specified notice of termination by either party. In December 1939
the Union presented to the Company a proposed contract to take
the place of the contract then in effect. The Company, while express-
ing a willingness to negotiate with the Union, requested that the Union
first establish its status as collective bargaining representative of a
majority. of the Company's employees. Thereafter the Company in-
sisted on establishment of the Union's claimed majority by means of
an election conducted by the Board, while the Union insisted on its
right to recognition on the basis of its membership cards. While the
Company on two subsequent occasions prior to the hearing herein
indicated a willingness to recede from its position provided the Union
accepted a 'form of contract proposed by the Company, it reiterated
at the hearing, its insistence upon the Union's proving its majority
status in an election to be held by the Board.
We find that a question has arisen concerning the representation of
employees of the Company.
1V. 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 re-
lation 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. b
' On February 15, 1940, the membership of the Union voted to affiliate with the leather
division of the International Fur & Leather workers Union . A new charter was subse-
quently issued by the International to the Union.
HERKERT & MEISEL TRUNK COMPANY
V. THE APPROPRIATE UNIT
213
At the hearing the Company and the Union stipulated that all pro-
duction employees at the Company's three plants, including truck
drivers, shipping-department employees, and subforemen actively en-
gaged in production, but excluding foremen, clerical and office
employees, salesmen, and executives, constitute a unit appropriate for
the purposes of collective bargaining.
There is subsequent uncontradicted testimony in the record that
maintenance men have been treated as production employees and are
regarded as included in that category. It also appears that the Com-
pany employs one watchman for whom the Union has never bar-
gained, and whom it wants excluded from the appropriate unit. The
Company has expressed no disagreement with the Union's position
in either of these respects. We shall include the maintenance
employees in the appropriate unit and exclude the watchman.2
We see no reason for departing from the stipulated appropriate
unit as clarified by the subsequent testimony. We find that all pro-
duction and maintenance employees at the three plants of the Com-
pany, including truck drivers, shipping-department employees, and
subforemen actively engaged in production, but excluding foremen,
clerical and office employees, salesmen, executives, and the watchman,
constitute a unit appropriate for the purposes of collective bargaining,
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.'
VI. THE DETERMINATION OF REPRESENTATIVES
The Union introduced in evidence at the hearing membership and
authorization cards signed by substantially more than a majority of
the employees in the appropriate unit. These cards, however, do
not specifically name Local 60, Leather & Luggage Workers Union,
as the labor organization selected by the signing employees, and the
Company contends that an election should be held to determine the
Union's status. We find that the question concerning representation
which has arisen can best be resolved by means of an election by secret
2 In Matter of Cleveland Hobbing Machine Company and United Automobile Workers of
America Local #631 (A.. F. of L.), 18 N. L. R. B. 412 at page 5, we pointed out that:
"It has been our practice not to include watchmen within a bargaining unit composed essen-
tially of production employees where objection to their inclusion is raised by a partici-
pating labor organization."
3 There is uncontradicted testimony in the record that Thelma McDaniel is a clerical
employee and that John Suddarth is no longer an employee of the Company . They are
therefore not within the appropriate unit.
283035-42-vol. 24-15
214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ballot.4 - In accordance with our practice we shall direct that all em-
ployees within the appropriate unit who were employed by the Com-
pany during the pay-roll period immediately preceding the date of
the Direction of Election, including employees who did not work
during such pay-roll period because they were ill or on vacation and
employees who were then or have since been temporarily laid off,
but excluding those who have since quit or been discharged for cause,
shall be eligible to participate in the election.
The Company produced at the hearing a list of employees regarded
by it as being within the stipulated appropriate unit. The Union
objected to the inclusion of 10 of the employees whose names appeared
on the list, on the ground that they are foremen having the power to
hire and discharge other employees.5 It is not entirely clear from
the record, however, whether or not these employees have the status
of foremen excluded by definition from the appropriate unit. The
Regional Director, therefore,,in conducting the election in accordance
with the Direction of Election, shall, if the right of any of these
10 employees to vote is challenged on the ground that they are not
within the appropriate unit, permit such employees to vote, but shall
segregate their ballots and place them in sealed containers and, in
accordance with Article III, Section 9, of the Rules and Regula-
tions-Series 2, as amended, shall rule upon such challenged ballots in
his Election Report.
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 rep-
resentation of employees of Herkert & Meisel Trunk Company, St.
Louis, Missouri, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees at the three plants
of the Company, including truck drivers, shipping-department em-
ployees, and subforemen actively engaged in production, but ex-
cluding foremen, clerical and office employees, salesmen, executives,
and the watchman, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
4 Matter of Armour & Company and United Packinghouse Workers, Local Industrial
Union No . 13 of Packinghouse Workers Organizing Committee , affiliated with C. I. 0., 13
N. L. R. B. 567.
5 The 10 employees in question are William Balmer, Sr., William Birkenmeier , Albert
Fiss, Joseph Jasinski . Aizernon Mees, Anthony Pauly, Harry Roehm , Sylvester Schnitz,
Ignatius Strack, and Joe Zoeller.
HERKERT & MEISEL TRUNK COMPANY 215
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 Re-
lations 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 bargaining
with Herkert & Meisel Trunk Company, St. Louis, Missouri, 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 Elec-
tion, under the direction and supervision of the Regional Director for
the Fourteenth 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 main-
tenance employees at the three plants of the Company employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion of Election, including truck drivers, shipping-department em-
ployees, subforemen actively engaged in production, employees who
did not work during such pay-roll period because they were ill or on
vacation; and employees who were then or have since been temporarily
laid off, but excluding foremen, clerical and office employees, salesmen,
executives, the watchman, and any employees who have since quit or
been discharged for cause, to determine whether or not they desire to
be represented by Local 60, Leather, & Luggage Workers Union,
affiliated with the International Fur & Leather Workers and with
the Congress of Industrial Organizations, for the purposes of
collective bargaining.
[SAME TITLE
CERTIFICATION OF REPRESENTATIVES
June 09,19.140
On May 31, 1940, the National Labor Relations Board issued its De-
cision and Direction of Election in the above-entitled proceedings.
Pursuant to the Direction of Election, an election by secret ballot was
conducted on June 14,1940, under the direction and supervision of the
Acting Regional Director for the Fourteenth Region (St. Louis, Mis-
souri). On June 15, 1940, the Acting Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties his Election Report. No objections to the conduct of
the ballot or to the Election Report have been filed by any of the par-
ties.
216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Acting Regional Director re-
ported as follows :
Total on eligibility list------------------------------------- 253
Total number of ballots cast-------------------------------- 249
Number of ballots cast for Local 60, Leather & Luggage Work-
ers Union , Affiliated with the International Fur & Leather
Workers and with the Congress of Industrial Organizations_ 194
Number of ballots cast against Local 60, Leather & Luggage
Workers Union, Affiliated with the International, Fur &
Leather Workers and with the Congress of Industrial
Organizations------------------------------------------- 45
Number of ballots challenged------------------------------ 10
Number of void ballots ------------------------------------- 0
Number of blank ballots----------------------------------- 0
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that Local 60, Leather & Luggage Workers
Union, Affiliated with the International Fur & Leather Workers and
with the Congress of Industrial Organizations, has been designated
and selected by a majority of the production and maintenance em-
ployees at the three plants of Herkert & Meisel Trunk Company, St.
Louis, Missouri, including truck drivers, shipping-department em-
ployees, and subforemen actively engaged in production, but excluding
foremen, clerical and office employees, salesmen, executives, and the
watchman, as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section.9 (a) of the National Labor
Relations Act, Local 60, Leather & Luggage Workers Union, affiliated
with the International Fur & Leather Workers and with the Congress
of Industrial Organizations, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment.
24 N. L. R. B., No. 9a.