L. Kaufman Co.

National Labor Relations Board - Board Decisions

Apr 18, 1942

40 N.L.R.B. 717 (N.L.R.B. 1942)

I
In the Matter of LAZARE M. KAUFMAN & LORAINE K. MEYBERG, Co-
EXECUTORS OF THE ESTATE OF LEON E. KAUFMAN D/B/A L. KAUFMAN
Co. and TEXTILE WORKERS UNION OF AMERICA, LOCAL _99,, C. I. O.
Case No. RE-38.-Decided April 18, 1942
Jurisdiction : wool palling industry.
Investigation and Certification of Representatives : existence of question : con-
flicting claims of rival represenatives ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance, ex-
cluding supervisory and clerical employees.
Practice and Procedure : although only one labor organization appeared at the
hearing, Board proceeded with an investigation on a petition filed by an
employer since at the filing of the petition three labor organizations were
making conflicting claims upon the Company
Mr. James A. Woollacott, of Los Angeles, Calif., for the Company.
Mr. William W. Johnke, of Los Angeles, Calif., for the T. W. U. A.
Mr. Louis C'okin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 18, 1942, Lazare M. Kaufman & Loraine K. Meyberg,
co-executors of the estate of Leon E. Kaufman d/b/a L. Kaufman Co.,
Vernon, California, herein called the Company, filed with the Regional
Director for the Twenty-first Region (Los Angeles, California) a
petition and, on March 4, 1942, an amended petition, alleging that a
question affecting commerce had arisen concerning the representation
of employees of the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
March. 17, 1942, 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 Regula-
tions-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.
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717
718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 23, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon
Textile Workers Union of America, Local 99, C. I. 0., herein called
the T. W. U. A., upon International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers, Local No. 626, herein called
the Teamsters, and upon Amalgamated Meat Cutters and Butcher
Workmen of America, Local 563, herein called the Amalgamated,
labor organizations claiming to represent employees directly affected
by the investigation. Pursuant to notice, a hearing was held on
March 30, 1942, at Los Angeles, California, before Maurice J. Nico-
son, the Trial Examiner duly designated by the Chief Trial Ex-
aminer. The Company and the T. W. U. A. were represented and
participated in the hearing. Neither the Teamsters nor the Amal-
gamated appeared at 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 motions and
on objections to the admission of evidence. - The Board has reviewed
these rulings 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
Lazare M. Kaufman & Loraine K. Meyberg, co-executors of the
estate of Leon E. Kaufman, d/b/a L. Kaufman Co., operate a plant
at Vernon, California, where they are engaged in the business of
wool pulling and salting of shearlings. During 1941, the Company
purchased about $990,000 worth of wool pelts, approximately $200,000
worth of which was shipped to it from outside the State of Cali-
fornia. During the same period, the Company sold finished products
valued at about $1,100,000, approximately 95 percent of which was
shipped outside the State of California. The Company admits that
it is engaged in commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America, Local 99, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 2, 1942, the Amalgamated presented a proposed con-
tract to the Company. On February 17, 1942, the T. W. U. A.
L. KAUFMAN & CO. 719
requested the company to recognize it as the exclusive representative
of its employees. On February 18, 1942, the Teamsters presented a
proposed contract to the Company. The Company denied all these
requests, and filed its petition herein on February 18, 1942.1 . . .
A statement of the Regional Director, introduced into evidence at
the hearing, shows that the T. W. U. A. represents a substantial
number of employees in the unit hereinafter found to be appropriate.2
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF TILE 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 T. W. U. A. contends that all production and maintenance
employees of the Company, ,yexcluding supervisory and clerical em-
ployees, constitute an appropriate bargaining unit. The Company
took no position with respect to the appropriate unit.
We find that all production and maintenance employees of the Com-
pany, excluding supervisory and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining and that such
unit will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise'
will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation 'which has
arisen can best be resolved by, means of an election -by secret ballot.
We shall direct that the employees of the Company eligible to vote in '
'Article III, Section 3. of National Labor Relations Board Rules and Regulations-
Series 2, as amended , provides that ". . the Board shall not direct an investigation on
a petition filed by an employer unless it appears to the Board that two or more labor
organizations have presented to the employer conflicting claims that each represents a
majority of employees in the bargaining unit or units claimed to be appropriate ." Thus,
although only one labor organization appeared at the hearing in the instant proceeding, at
the time the petition was filed by the Company , three labor organizations were making
conflicting claims upon it.
2 The Regional Director reported that the T W. U. A. presented 50 membership applica-
tion cards bearing the signatures of persons whose names appear on the Company's pay
roll of February 24, 1942 There are approximately 61 employees in the unit hereinafter
found to be appropriate
720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the election shall be those within 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:
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 Lazare M. Kaufman & Loraine K. Meyberg,
co-executors of the estate bf Leon E. Kaufman, d/b/a L. Kaufman
Co., Vernon, California, 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,
excluding supervisory and clerical employees, constitute a unit appro-
priate for the the purposes of collective bargaining, within the mean-
ing 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 Lazare M. Kaufman & Loraine K. Meyberg, co-executors of
the estate of Leon E. Kaufman d/b/a L. Kaufman Co., Vernon,
California, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of the
Direction, under the direction and supervision of the Regional Di-
rector for the Twenty-first 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
maintenance employees of the Company 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 in the active military service
or training of the United States, or temporarily laid off, but exclud-
ing supervisory and clerical employees and employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by Textile Workers Union of America, Local
99, affiliated with the Congress of Industrial Organizations, for the
purposes of collective bargaining.
In the Matter of LAZARE M. KAUFMAN & -LORAINE K. MEYBERG, CO-
EXECUTORS OF THE ESTATE OF LEON E. KAUFMAN D/I3/A L. KAUFMAN
Co. and TEXTILE WORKERS UNION OF AMERICA, LOCAL 99, C. I. O.
Case No. RE-38,
CERTIFICATION OF REPRESENTATIVES
May 11, 1940
On April 18, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings.,
Pursuant to the Direction of Election, an election by secret ballot was
conducted on April 29, 1942, under the direction and supervision of
the Regional Director for, the Twenty-first Region (Los Angeles,
California). On April 30, 1942, the 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 an 'Election Report on the ballot. No objections
to the conduct of the ballot or the Election Report have been filed
by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list -------------- ------------------------ 6.7
Total ballots cast ------------------------------------- 60
Total ballots challenged ------------------------------- --- 0
Total blank ballots- ---------------------------------------- 0
Total void ballots ------------------------------------------- 0
Total valid votes counted ------------------------------------ 60
Votes cast for Textile Workers Union of America , Local 99,
C. 1. 0--------------------------------------------------- 56
Votes cast against Textile Workers Union of America , Local 99,
C. I. 0--------------------------------------------------- 4
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,
140 N L R B 717
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455771-42-vol 40--46
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722 DECISMONNS OF NATIONAL LABOR REILATUTONS BOARD
IT IS HEREBY CERTIFIED that Textile Workers Union of America,
Local 99, affiliated with the Congress of Industrial Organizations, has
been designated and selected by a majority of all production and
maintenance employees of Lazare M. Kaufman & Loraine K. Mey=
berg, co-executors of the estate of Leon E. Kaufman d/b/a L. Kauf-
man Co., Vernon, California, excluding supervisory and clerical em-
ployees as their representative for the purposes of collective bargain-
ing, and that, pursuant to Section 9 (a) of the Act, Textile Workers
Union of America, Local 99, affiliated 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 employment.