J. Greenebaum Tanning Co.

National Labor Relations Board - Board Decisions

Jul 13, 1944

57 N.L.R.B. 271 (N.L.R.B. 1944)

In the Matter of J. GREENEBAUM TANNING COMPANY and INTERNA-
TIONAL FUR AND LEATHER WORKERS UNION , LOCAL 43 (CIO)
Case No. 13-R-2481.-Decided July 13,1944
Messrs. E. W. Peck, of Milwaukee, Wis., and Isidore Vise, of Chi-
cago, Ill., for the Company.
Messrs. Robert Herbin and Frank Mierkiewicz, for the Union.
Mr. Joseph C. Wells, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Fur and Leather Work-
ers Union, Local 43 (CIO), herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of J. Greenebaum Tanning Company, Chicago, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Robert T.
Drake, Trial Examiner. Said hearing was held at Chicago, Illinois,.
on June 16, 1944. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
J. Greenebaum Tanning Company is an Illinois corporation engaged
in purchasing and tanning hides and selling the leather produced.
The Company operates tanneries at Milwaukee, Wisconsin, and Chi-
cago,.Illinois, having its principal offices at Chicago. We are here
57 N. L. R. B., No. 50.
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272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
concerned with its Chicago tanneries. During the year 1943, the Com'
pany purchased raw materials for use at its Chicago tanneries having a
total value in excess of $500,000, of which approximately 75 percent
was shipped from points outside the State of Illinois. During the same
period the Company produced finished products at the Chicago tan-
neries having a total value in excess of $500,000, of which approxi-
mately 75 percent was shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International. Fur and Leather Workers Union, Local 43, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has lefused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.)
We find that a question affecting commerce had 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
In accordance with the desires of the parties and the record, we
-find that all production and maintenance employees employed in the
Company's tanneries 2 at Chicago, Illinois, including watchmen, but
excluding office employees, and all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
I The Board agent reported that the Union submitted 365 membership application cards ;
that the names of 172 persons appearing on the cards were listed on the Company's pay
roll of June 13, 1944, which contained the names of 502 employees in the appropriate unit ;
and that 36 of these were dated prior to January 1, 1944 , 7 undated January to March
1944, 118 dated April to June 1944 , and 11 undated.
3 The two Chicago tanneries are located across the street from each other and are
operated as a single unit.
J. GREENEBAUM TANNING COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
273
The Company requests that employees who are members of the armed
services on duty in the United States be permitted to vote by mail if
the performance of their present duties precludes their being present
at the polls. In accordance with our established policy, recently af-
firmed after a full review of the reasons for the policy,3 we shall deny
the Company's request and permit only those employees on military
leave to vote who present themselves in person at the polls.
The Union requests that we use a pay-roll date as near as possible
to the date of the hearing in this proceeding to determine eligibility,
of employes to vote. • The Company contends that the last pay-roll
date immediately preceding the election should be used to determine
eligibility, in view of the labor turn-over at its Chicago tanneries.4
We see no reason for altering our usual practice and, in accordance
therewith, shall direct that the question concerning representation
which has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election 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 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with J. Greene-
baum Tanning Company, Chicago, Illinois, 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 supervi-
sion of the Regional Director for the Thirteenth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, 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 the Direction, including employees who did not
See Matter of Mine Safety Appliances Co., 55 N. L. R . B. 1190 . Also see Matter of
J. Greenebaem Tanning Company, 42 N. L. R. B. 626.
4 A Company witness testified at the hearing to the effect that, in its Chicago tanneries
during the past 6 months , the Company had employed approximately 368 new employees ;
that during the same period 307 employees had left the Company 's employ ; and that at
present the Company had 502 employees.
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work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present-themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
International Fur and Leather Workers Union, Local 43, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.