Robert Scholze Tannery

National Labor Relations Board - Board DecisionsSep 28, 1924

44 N.L.R.B. 562 (N.L.R.B. 1924)

In the Matter of ROBERT SCHOLZE TANNERY, CHATTANOOGA, and NA- TIONAL COUNCIL OF GAS, COKE & CHEMICAL WORKERS Case No. R-4045.-Decided September 28, 1924 Jurisdiction : leather manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to, accord petitioner recognition until certified by the Board ; prior cer- tification held no bar where substantially entire membership of local of cer- tified union had approved transfer of affiliation to petitioning organization; prior certified representatives placed on ballot; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding supervisory and office clerical workers; stipulation as to. Mr. Charles A. Noone, of Chattanooga, Tenn., for the Company. Mr. C. W. Danenburg, of Greensboro, N. C., and Mr. Bethel T. Judd, of Chattanooga, Tenn., for the Council. Mr. William E. Mitch and Mr: E. K. Collins, of Birmingham, Ala., for District 50. Mr. Robert E. Tillman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by National Council of Gas, Coke & Chem- ical Workers, herein called the Council, alleging that a ,question affect- ing commerce had arisen concerning the representation of employees of Robert Scholze Tannery, Chattanooga, Tennessee, herein called the Company, the National Labor Relations Board provided, for an appropriate hearing upon due notice before Ralph L. Wiggins, Trial Examiner. Said hearing was held at Chattanooga, Tennessee, on August 29, 1942. The Company, the Council, and District 50, United Mine Workers of America, herein called District 50, appeared, par- ticipated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. District 50 moved at the hearing to dismiss the Coun- ,cil's petition on the ground that District 50 had recently been certi- fied by the Board as the collective bargaining representative of the Company's employees. The Trial Examiner reserved ruling. , For 44 N. L. R. B., No. 103. 562 ROBERT SCHOLZE TANNERY, CHATTANOOGA 563 the reasons stated in Section III, infra, this motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Robert Scholze Tannery, a Tennessee corporation, maintains its ,office ilnd plant in Chattanooga, Tennessee, where it is engaged in the business of tanning hides. and in the manufacture and sale of harness, strap, and specialty leather. The principal raw materials used by the Company consist of hides, tan bark, and tanning extract. During the year 1941, the Company processed approximately 200,000 hides, of which 95 percent was shipped to the plant from points out- side the State of'Tennessee. During the same period, the Company imported tanning extract from South America of a value in excess of $20,000. The finished products sold by the Company during 1941 amounted in value to approximately $1,000,000, of which 65 percent by value was shipped to points outside the State of Tennessee. The Company admits that it is engaged in commerce within the meaning of the' National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED National Council of Gas, Coke & Chemical Workers is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. District 50, United Mine Workers of America, is a labor organiza tion admitting to membership, employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Representatives of the Council met with the Company on July 14, 1942, and were informed that the Company would not bargain with the Council unless it was certified by the Board. On or about January 18, 1942, a local of District 50 was organized among the employees of the Company. District 50 subsequently filed a petition with the Board, entered into a consent election agree- ment with the Company, and was chosen in the consent election by a majority of the Company's employees as their collective bargain- ing representative. On February 19, 1942, the Acting Regional Di- rector certified to the parties that District 501 had won the, election. District 50 now pleads this certification as.a bar to-a present investi- gation and determination of ' representatives. 564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Following the election, District 50 commenced negotiating with the Company for a collective bargaining contract. On June 30, 1942, while the negotiations were still being carried on, the local estab- lished by District 50, at a regular meeting, passed unanimously by secret ballot a resolution that the local sever its relationship with District 50 and make immediate application for a charter from the Council. Pursuant to the resolution; the local surrendered its Dis- trict 50 charter and applied for and received a charter from the Council. The local has continued to hold regular meetings, but the Company has refused to continue contract negotiations with it. A report of a Field Examiner of the Board, introduced in evidence at the hearing, indicates not only that the Council represents a sub- stantial 'number of employees in the unit hereinafter found appro- priate but that substantially the entire membership of the local -has approved the transfer of affiliation from District 50 to the Council.' Under all the circumstances of this case, we find that the prior cer- tification of District 50 does not constitute a bar to this proceeding.2 We find that a question affecting commerce has 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 We find, in accordance with a stipulation of the Council and, Dis- trict 50, that all production and maintenance employees of *the Com- pany, excluding supervisory and office clerical workers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act.3 V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot. The Council and District 50 were in agreement that the pay roll immediately proceeding the election should be used to determine eligibility to vote. We-see no'reason to depart from our usual practice, and we shall direct that those eligible to vote shall be the employees in the appropriate i The Field Examiner stated that the Council submitted copies of the resolution passed by the local , beaiing 173 signatures , all of which appeared to be genuine and original ; and that 155 of the signatures were names of persons whose names appeared on the Company's pay roll -of June 30 , 1942 , which listed the names of 216 persons in the unit hereinafter found appropiiate District 50 submitted no evidence of current membership 2^Cf Matter of United Stove Company and Interiiational Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organezattons, 30 N. L. R B 305, 307-308 i The Company took no position as to the appropriate unit , and the unit as set forth above is that which was adopted in the February 1942 consent election agreement be- tween District 50 and the Company. ROBERT SCHOLZE TA\NERY, CHATTANOOGA 565 'unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limi- tations and additions set forth therein. Since District 50 was previously certified as the collective bar- gaining representative of the employees of the Company, we shall include its name on the ballot. 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 to ascertain represen- tatives for the purposes of collective bargaining with Robert Scholze Tannery, Chattanooga, Tennessee, 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 Election, under the direction and supervision of the Regional Director for the Tenth 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 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 in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by National Council of Gas, Coke & Chemical Workers, or by District 50, United Mine Workers of America, for the purposes of collective bargaining, or by neither. MR. WM. M. LEISERSON took no part in the consideration of the above Decision and Direction of Election.