United Tanners, Inc.

National Labor Relations Board - Board Decisions

Mar 18, 1953

103 N.L.R.B. 760 (N.L.R.B. 1953)

760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the store for short periods, as for lunch or other reasons, and regularly
on the location managers' weekly day off. At Alliance and in one of
the Scottsbluff stores, no one individual is regularly designated as
clerk in charge, but this position is filled from among the grocery
employees on a temporary or rotating basis. The Employer does not
contend that such persons are supervisors or should be excluded. Gen-
erally, however, in the other stores a single individual is permanently
appointed to such position. As in the latter stores, the clerks in
charge regularly substitute for, and exercise the authority of, admitted
supervisors, we find that they are supervisors within the meaning of
the Act and shall exclude them.
We find that units at these stores composed of all employees, includ-
ing grocery clerks, meatcutters, employees in the produce section,
checkers, regular part-time employees,2 head produce clerks, head
meatcutters who have no other employees working under them, and
employees selected to act as clerks in charge on a temporary or rotating
basis, but excluding location managers, head meatcutters who are in
charge of one or more meatcutters, individuals designated as clerks
in charge on a regular or permanent basis, and all other supervisors
as defined in the Act, would be appropriate.
In accord with the agreement of the parties as to the scope of such
units, we find that such employees constitute a single unit appropriate
for purposes of collective bargaining within the meaning of Section
9 (b) of the Act, at (1) the Employer's 2 stores in Scottsbluff and 1
in Gering, Nebraska, and additional separate units at the Employer's
single stores located at (2) Bridgeport, (3) Alliance, (4) Bayard
and (5) Chadron, likewise in the State of Nebraska.
[Text of Direction of Elections omitted from publication in this
volume.]
2 Only those employees who work 20 hours a week or more are, in accordance with the
agreement of the parties, eligible to vote.
UNITED TANNERS , INC. and INTERNATIONAL FuR & LEATHER WORKERS
UNION OF THE U. S. AND CANADA, PETITIONER . Case No. 1-RC-
£956. March 18,1953
Decision and Direction of Election
Upon a petition duly filed under Section 9 ( c) of the National Labor
Relations Act, hearings were held before George A. Sweeney , hearing
103 NLRB No. 73.
UNITED TANNERS, INC. 761
officer.1 The hearing officer's rulings made at the hearings are free
from prejudicial error and are hereby affirmed 2
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organization involved claims to represent certain
employees of the Employer.
The Employer contends, among other things, that District 1 and
District Council 1 of the Petitioner, both encompassing New England,
constitute a single entity and that District Council 1 is a labor organ-
ization which also has an interest in the Employer's employees, but
which has not complied with Section 9 (f), (g), and (h) of the Act."
The Petitioner, on the other hand, contends that District 1 and Dis-
trict Council 1 are separate entities, the former simply a subdivision
of the complying International, with its director, Isador Pickman,
negotiating and signing contracts in the International's behalf
throughout New England, and the latter a distinct unit which renders
administrative or advisory assistance to the International's locals in
New England, but does not and will not represent the Employer's
employees.
The Petitioner's constitution provides for the organization of a
"District Council," which, if organized, "shall secure a charter from
the International Union;" it further provides that the "International
... and its chartered bodies and their duly authorized representa-
1 The original hearing was held on October 3, 1952. On November 24, 1952, a reopened
hearing was held to obtain additional evidence on the status of District Council 1 as a
labor organization and on the nature of its interest in the employees sought.
2 For the reasons stated in paragraph numbered 2, below, the Employer's motion to
dismiss on compliance grounds is denied at this time.
3 The Employer further contends that ( 1) the noncomplying United Tanners Organizing
Committee is a labor organization having an interest in the employees sought and must
therefore comply ; ( 2) the Petitioner 's president , Ben Gold, filed a non-Communist affidavit
fraudulently and is in fact a Communist , so that the Petitioner is not in full compliance
and (3 ) the Board , under its Rules and Regulations , should conduct an investigation to
determine whether the Petitioner failed to designate in its constitution its vice presidents
and regional directors as officers in order to circumvent the statutory filing requirements.
We find insufficient merit in these contentions.
As to ( 1). the United Tanners Organizing Committee , which has no charter or officers,
collects no dues. and engages in no bargaining, is clearly an auxiliary arm of the Peti-
tioner, established for organizing purposes , and need not comply. Tin Processing Corpo-
ration, 80 NLRB 1369. As to ( 2), in American Communications Association v. Herzog
et al, D C., D. C., January 27, 1953, 31 LRRM 2301 , the court held that the Board lacks
authority to investigate the truth and validity of affidavits filed under Section 9 (h) and
permanently enjoined the Board from conducting any such investigation . American Cable
d Radio Corporation, 102 NLRB 877 . And as to ( 3), we are administratively informed
that the positions of international vice presidents were abolished by a constitutional change
in 1943 The change , therefore , could hardly have been made in order to circumvent the
filing requirements Also , we are administratively satisfied that there is no reasonable
cause to believe the positions of regional directors were omitted from the constitution to
evade the filing requirements . See Section 102 13 ( b) (3) of the Board ' s Rules and Regu-
lations, Series 6, as amended.
762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tives are authorized to handle and settle all grievances relating to
hours, wages and working conditions for the workers in their respec-
tive jurisdictions." A bylaw of the Leather Division, though entitled
"Districts," provides, in part, that "District Councils may be organized
by the local unions in geographical districts designated by the Leather
Division Executive Board. . . . Such district councils may elect
officers and provide for district council revenues...."
At the original hearing in this case, it was stipulated that District 1
is the organization described in the constitution and bylaws. It was
on the stationery of District 1 that the request for recognition of the
Petitioner was made and signed by Isador Pickman as "Regional
Director." 4 In his capacity as regional director, Pickman admittedly
organizes and represents employees, and, as on other occasions with
other employers, will apparently execute any collective-bargaining
contract with this Employer "in behalf of the International and in
behalf of the region." 5
At the reopened hearing in this case, the Petitioner for the first time
sought to distinguish between District 1 and District Council 1. It al-
leged that District Council 1, which was chartered in 1945 and is com-
prised of representatives from each of 11 New England locals, func-
tions only in handling appeals from its constituent locals, publishing
the "District One Reporter" and conducting the "District 1 Confer-
ence." The Petitioner further alleged that District 1 is distinct from
District Council 1, being merely its own geographical subdivision
covering New England, headed by Pickman as regional or district
director, and that Pickman negotiates and signs contracts in his capac-
ity as regional director of District 1 rather than in his capacity as
president of District Council 1.6
However, the Petitioner, as previously mentioned, stipulated at the
original hearing that District 1 is the chartered organization desig-
nated in the constitution and bylaws. Also, the union publications do
not consistently observe a distinction between District 1 and District
Council 1; the only regional unit specified in the constitution and
bylaws is the District Council,' which :9 expressly authorized to handle
employees' grievances; and, lastly, District 1 and District Council 1
4 The present petition was filed by the International , and the membership cards bear the
International's name
R Coparticipants with Pickman in past bargaining and analogous activities normally
included a representative of the International and representatives of the local and plant
involved.
6 Pickman is also secretary-treasurer of the Leather Division of the International and
receives a salary in that capacity alone.
7 In a form filed by "Regional Director " Pickman with the Massachusetts Department of
Labor and Industries , before this proceeding was begun , District Council 1 is named as a
labor organization to be included in the 1952 edition of the "Directory of Labor Organ-
izations in Massachusetts ," and Pickman designated that he, as "Regional Director," is
the "Official to be shown in the Directory."
SEAMPRUFE, INCORPORATED 763
comprehend the same region and occupy the same office, the expenses
of which, including rent, are paid by the District Council alone.
Under all the circumstances of this case, we are of the opinion that
District 1 and District Council 1 are one and the same entity. The
District Council is clearly a labor organization," and as Pickman will
negotiate and sign contracts in behalf of the regional organization,
we find that District Council 1 has sufficient interest in the Employer's
employees so as to require its compliance with the filing provisions of
the Act on policy grounds.9 Accordingly, the holding of the election
directed herein is conditioned on the compliance of District Council 1.
If District Council 1 fails to achieve compliance within 2 weeks from
the date of the Direction, the Board's Regional Director will so advise
the Board. No election shall be held unless and until compliance has
been achieved.10
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act: All production and maintenance employees
at the Employer's Dover, New Hampshire, plant, excluding office
clerical employees, professional employees, guards, and supervisors as
defined in the Act 11
[Text of Direction of Election omitted from publication in this
volume.]
MEMBER STYLES took no part in the consideration of the above De-
cision and Direction of Election.
8 Metallic Building Company , '98 NLRB 386 ; National Clay Products Company et at., 98
NLRB 137.
9 Cf. Sunbeam Corporation, 98 NLRB 525.
10 Cf. Libby, McNeill & Libby, 90 NLRB 279 ; Franklin Smelting & Refining Company, 89
NLRB 1394.
11 The parties stipulated to the appropriateness of the unit.
SEAMPRUFE , INCORPORATED and INTERNATIONAL LADIES GARMENT
WORKERS UNION, AFL. Case No. 16-CA-39. March 19, 1953
Supplemental Decision and Determination
On April 8, 1949, the National Labor Relations Board issued its
Decision and Order in this case,' which was thereafter enforced by a
decree entered on February 19, 1951, by the United States Court of
1 82 NLRB 892.
103 NLRB No. 84.