The American Oak Leather Co.

National Labor Relations Board - Board Decisions

May 21, 1941

31 N.L.R.B. 1155 (N.L.R.B. 1941)

III the Matter of THE AMERICAN OAK LEATHER COMPANY , 1401 DALTON
ST., CINCINNATI , OHIO and THE INTERNATIONAL FUR & LEATHER
WORKERS UNION, LOCAL 214, AFFILIATED WITH THE CONGRESS OF IN-
DUSTRIAL ORGANIZATIONS
Case No. R-2496-Decided May 21,19/.1
Jurisdiction : tanning industry
Investigation and Certification of Representatives : existence of question • re-
fusal to accord union recognition until it is certified by the Board ; election
necessary.
Contract as renewed does not constitute a bar to an investigation and de-
termination of representatives where a rival union requested recognition prior
to expiration date of the original contract.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including foremen, but excluding superintendents, assistant superin-
tendents, office force, executives of the Company, and salesmen.
Mr. Robert L. Black, of Cincinnati, Ohio for the Company.
Mr. George E. Rice and Mr. Howard Forkner, of Cincinnati, Ohio,
for the International.
Mr. John Otte and Mr. Joe Huelsman, of Cincinnati, Ohio, for the
United.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
DIRECTION OF, ELECTION
STATEMENT OF THE CASE
On March 24, 1941, The International Fur & Leather Workers
Union, Local 214, affiliated with the Congress of Industrial Organi-
zations,1 herein called the International, filed with the Regional Direc-
tor for the 9th Region (Cincinnati, Ohio) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of The American Oak Leather Company, Cincinnati,
Ohio, herein called the Company, and requesting an investigation and
lIncorrectly designated in the petition as Congress for Industiial Organization, 812
Keith Building , Cincinnati, Ohio
31 N. L R. B., No. 175.
1155
44164,-42-Nof 31--74
1156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On April
16, 1941, the National Labor Relations Board,vherein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section 3;
of National 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 April 18, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the I liter-
national and Local Union No. 73, United Leather Workers Inter-
national Union; affiliated with the A. F. of L., herein called the
United, a labor organization claiming to represent employees directly
affected by the investigation. Pursuant to notice, a hearing was held
on April 24, 1941 at Cincinnati, Ohio, before Drexel A. Spreclier;
the Trial Examiner duly designated by the Chief Trial Examiner.
The Company, the International, and the United were represented
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing upon the issues was afforded all parties. During the course of
the hearing the Trial Examiner made several i•niings on motions and
on objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner 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:
FINDINCS OF FACT
1. THE nuSINESS OF TIIE COMPANY
The American Oak Leather Company, 1401 Dalton St., Cincinnati,
Ohio, is an Ohio corporation engaged at Cincinnati, Ohio, in tan-
ning and distributing sole leather and a byproduct, glue stock. It
also maintains a branch plant for the production of tanning extract
at Decatur, Alabania.2 Ninety-five per cent of the- raw materials
used by the Company in the manufacture of, leather and glue stock
are purchased and transported from points outside the State of Ohio.
About 90 per cent of the Company's finished products are sold and
transported outside the State of Oliio. The approxiinate value of
the finished products produced by the Company's Cincinnati plant
for the calendar year of 1940 was $5,000,000.
2 These proceedings are concerned only with the Cincinnati plant
THE AMERICAN OAK LEATHER COMPANY
II. THE ORGANIZA'l10\S INVOLYLI)
1157
The International Fur & Leather Workers Union, ILocal 214, affih-
tedwith the Congress of Industrial Organizations, is a labor organi-
zation admitting to membership employees of the Company.
Local Union No. 73, United Leather Workers International Union,
affiliated with the A. F. of L., is a labor organization admitting to
membership employees of the Company.
III. 1HE QUESTION CONCERNING REPRESENTATION
The Company has recognized and bargained with the United since
1935. On April "12, 1940, the Company entered into an exclusive bar-
gaining contract with the United to terminate on March 15, 1941.
rTbe contract provided inter alia that it would "continue for an addi-
tional year unless the Company or Local Union #73 the United]
gives notices in writing to the other p irty before February 15, 1941,
of a desire to make changes." Neither party to the contract gave
the prescribed notice.
On March 12. 1941, the International, claiming to represent a major-
ity of the employees of the Company, requested exclusive recogni-
tion from the Company. The Company refused on the ground that
it was unwilling to deal with any labor organization until it was cer-
tified by the Board as the sole bargaining representative of the Com-
pany's ,employees.-
The United contends that the contract now in effect is a bar to a
present determination of representatives. 'As indicated above how-
ever, the International had requested bargaining recognition from the
Company prior to the expiration of 1 year from the execution of the
1940 contract. Under the circumstances we find that the contract.
as renewed, does not constitute a bar to a present investigation and
determination of representatives.
A report prepared by all attorney for the Board, and introduced in
evidence at, the hearing, shows that the International at the time of
the renewal of the contract, represented a substantial number-of em-
ployees in the unit found below to be appropriate-3
3 The statement of the Board attorney concerning claims of anthoi a'ation for the purpose
of representation shows that the International submitted 358 membership application-
authorization cards of which 284 were signed between February 2, 1941, and April 6, 1941,
all with apparently genuine original signatures, and all of which are names appearing on
the Company s pay roll of April 4, 1941 ; 35 application cards bearing printed signatures
signed between February 2, 1941, and lprrl 6 1941, of persons appearing on the April 4,
1941, pay roll ; and 39 application cards beating signatures or printed names of persons
whose names do not appear on the Apn1 4, 1941, pay roll The Conipan} employs approxi-
mately 430 persons -
The United declined to furnish any witten evidence of recent membership but stated
at the hearing that its membership consisted at approximately 50 members
1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question has arisen concerning the representation of
employees of the Company.
IV. 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
relation to trade, traffic, and commerce among the several States and
tends to lead to lajor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the parties agreed that the appropriate unit should
consist of all the production and maintenance employees, excluding
superintendents, assistant superintendents, office force, executives of
the Company, and salesmen.
The parties disagreed,, however, upon the inclusion of foremen
within the unit. The International desires their exclusion; the United
desires to include them. Although foremen give instructions to em-
ployees working under them, the United has admitted them to mem-
'bership, has bargained for them, and has included them within the
unit covered by its contract with the Company. We shall include
foremen within the unit. -
We find that all the production and maintenance employees, includ-
ing foremen, but excluding superintendents, assistant superintendents,
office force, executives of the Company, and salesmen, constitute a
unit appropriate for the purpoes of collective bargaining and that
said unit will insure to employees of the Company the fall benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. TILE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. We shall direct that those eligible to vote in
the election shall be the employees within the appropriate unit who
were employed by the Company during the pay-roll period immedi-
ately preceding the date of the Direction of Election, subject to such
limitations and additions as are 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 :
THE AMERICAN OAK LEATHER COMPANY 1159
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The American Oak Leather Company, 1401
Dalton St., Cincinnati, Ohio, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All the production and maintenance employees of the Company
including foremen, but excluding superintendents, assistant superin-
tendents, office force, executives of the Company, and salesmen, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning 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 Relations 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The American Oak Leather Company, 1401 Dalton St., Cincin-
nati, Ohio, 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 Re-
gional Director for the Ninth Region, acting in this matter as agent
for the National Labor Relations Board and subject to Article III,
Section 9, of the said Rules and Regulations, among all the production
and maintenance employees of the Company who were employed,dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including foremen and employees who did not work during such
pay-roll period because ethey were ill or-on vacation or in the active
military service or training of the United States or temporarily laid
off, but excluding superintendents, assistant superintendents, office
force; executives of the Company, salesmen, and those who have since
quit or been discharged for cause, to determine whether they desire to
be represented for the purpose of collective bargaining by The Inter-
national Fur & Leather Workers Union, Local 214,_ affiliated with the
Congress of Industrial Organizations, or by Local Union No. 73,
United Leather Workers International Union, affiliated with the Amer-
ican Federation of Labor, or by neither.