J Greenebaum Tanning Co.

National Labor Relations Board - Board Decisions

Jul 20, 1942

42 N.L.R.B. 626 (N.L.R.B. 1942)

In the Matter of J GREENEBAUM TANNING Co and INTERNATIONAL FUR
& LEATIIER WORKERS UNION, LOCAL No 260, (CIO,)
Case No R-3990 -Decided July 20, 1942
Jurisdiction : leather tanning industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board , Company's
request that pay-roll period immediately preceding the actual election to be
used to determine eligibility because of the high late of labor turnover , denied;
request that employees in military service be permitted to vote by means of
mail ballots , denied, election necessary
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company 's plants, excluding foremen, assistant foremen, and
supervisory , executive , and office personnel
Mr Stephen M Reynolds, for the Board
Laimfrom, Tighe, Engelhard cC Peck, by Mr L B Lam from, Mr.
A J Engelhard and Mr E W. Peck, of Milwaukee , Wis , for the
Company.
Mr. Abe Feinglass , of Chicago , Ill , Mr George Bradow and Mr.
Walter K Black, of Milwaukee, WIs , for, the CIO.
Mr. Mozart 0 Ratner, of counsel to the Board ,
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by the International Fur & Leather Workers
Union, Local No 260, (CIO), herein called the C I 0, alleging that
a question affecting commeice had arisen conceiving the representation
of employees of J Greenebaum Tanning Company, plant No 2, Mil-
waukee; Wisconsin, heiein called the Company, the National Labor
Relations Board piovided for an appropriate hearing upon due notice
before Robert F Koretz, Trial Examiner. Said hearing was held at
Milwaukee, Wisconsin, on June 26, 1942 The Company and the
C. I. 0 appeared and participated and weie affoided full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues The Trial Exammei's rulings made
at the heating are free from prejudicial erroi and are hereby affirmed.
On the entire record in the case, the Board makes the following : -
42NLRB,No128
626
J. GREENEBAUM TANNING CO
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
627
J Greenebaum Tanning Company is an Illinois corporation main-
taming its principal office and place of business at Chicago, Illinois
The Company owns and operates leather tanneries at Chicago, Illinois,,
and at Milwaukee, Wisconsin Only plant No 2, Milwaukee; Wis-
consin, is involved in this pioceeding The Company annually pur-
chases raw materials, consisting of hides and chemicals, for processing
in plant No 2 of a value in excess of $500,000, of winch' approximately
91 percent in value are shipped to plant No 2 from points outside the
State of Wisconsin The Company annually has sales of products
processed and manufactured in plant No 2 of a value in excess of $1,-
000,000, of which apps oximately 77 percent in value are shipped from
-plant No. 2'to points outside the State of Wisconsin. The Company
admits that it is engaged in commerce within the meaning of the Na-
tional Labor Relations Act.
II THE ORGANIZATION IN\ OLVED
InteinationalYur & Leather Workers Union, Local 260, is a labor
organization affiliated with the Congress of Industrial Organizations
admitting to membership employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
On June 13, 1942, the C I 0 requested recognition as exclusive
-bargaining agent for the employees of the Company in the unit here-
inafter found appropriate The Company declined to recognize the
-petitioner unless and until it had been certified by the Board
A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the C I 0 represents a substantial number of
employees in the unit hereinafter found appropriate 1 _
We find that a question affecting commerce has aiisen 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 Re-
lations Act.
IV THE APPROPRIATE UNIT
The parties stipulated and we find that all production and mainte-
nance employees employed by the Company in and about its Milwaukee,
Wisconsin, plant, known as plant No 2, excluding foremen, assistant
'The C I 0 presented 672 enrollment cards and membership applications - of which
471 were found to bear the apparently genuine original signatures of persons appearing
on the Company 's pay roll of June 13 , 1942 There are approximately 1,050 employees
in the unit hereinafter found appropriate
628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
foremen, and supervisory, executive, and office personnel, 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
The Union requests that we follow our usual practice in using the
pay-roll date immediately preceding our-Direction of Election to
determine eligibility of employees to vote The Company contends
that the last pay-roll date immediately preceding the actual election
should be used to determine eligibility The company states that the
growing labor shortage caused by increasing activity of defense
plants in the Milwaukee area has resulted and is expected to con-
tinue to result in a high rate of labor turn-over at plant No 2 2
The Company further contends that employees on leave of absence,
_particularly those who are serving in the armed forces of the United
States ,3 should be permitted to participate in the election by means
of mail ballots The Company states that such employees are given
vacation bonuses and that the Company maintains a record of such
employees. The Company also requests that, employees granted
leaves of absence for reasons other than illness, vacation, or mili-
tary service, should be eligible to vote in the election 4
We are of the opinion and hereby find that the circumstances do
not warrant a departure from our usual practice of determining
eligibility s except that we will also permit employees on leave of
absence for reasons other than illness, vacatioii, or military service,
to participate in the election
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-our Direction of Elec-
tion, subject to the limitations and additions set forth in the Direc-
tion
2 Although it was testified at the hearing that the rate of turn-oser '5 as as high as 20
to 30 peicent a week, the personnel mtnagei latei testified that only 20 to 25 employee,
had been hired during the week preceding the hearing and that during June 1942 (the
-hearing was held June 26) "possibly 200" employees had been hired
i There are approximately 125 emplo3 ees of tlie-Compan3 in the aimed services
It tsas testified that leases are granted extending from 2 sleeks to a month to em
ployees whose homes are out of the cit3, so that they may sisit sick relatives Such leaves
usually mvolse about 5 to 10 persons
iIn Matter of Wilson d Co, Inc and Paclsnyhoase Workers Organizing Committee,
Local No 20, affiliated with the C I 0 , 37 N L R B 944, the Board discussed the im
practicability of providing for mail balloting by peisous in the armed forces Administra-
tiue experience conclusively demonstrated that this practice se@iously retarded the
completion of elections because of difficulties in determining the location of men in military
sersice and frequently raised substantial issues relating to the conduct of the ballot and
the election Since, in addition, actual returns fiom such mail ballots had been relatisel3
small , we found that the policies and, purposes of the Act would be best effectuateu by
discontinuing the practice of mail balloting foi persons in the armed forces
J GREENEBAUM TANNING CO
DIRECTION OF ELECTION
629
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, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby '
DIRECTFI) that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with J Greenebaum
Tanning 'Company, Milwaukee, Wisconsin, an election by secret bal-
lot 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 Twelfth
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all employees of the Company 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 employees who did not work during such pay-roll period
because they were ill or on vacation or on leave or in the active
military service or training of the United States, or temporarily laid
off, but excluding those employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by the International Fur & Leather Workers Union,
Local 260, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining