Armour Leather Co. of Delaware

National Labor Relations Board - Board Decisions

Aug 6, 1943

51 N.L.R.B. 1091 (N.L.R.B. 1943)

In the Matter of ARMOUR LEATHER COMPANY OF DELAWARE 1 and
INTERNATIONAL FUR & LEATHER WORKERS' UNION (CIO)
Case No. R-5644.-Decided August 6, 1943
Mr. Marcus Whiting, of Chicago, Ill., for the Company.
Mr. Abe Feirtglass, of Chicago, Ill., and Mr. George Bradow, of
Milwaukee , Wis., for the C. I. O.
Mr. William E. Oetzel and Mr. Alvin E. Weber, of Sheboygan,
Wis., for the Independent.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Fur & Leather Workers'
Union (CIO), herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Armour Leather Company of Delaware at its Sheboygan,
Wisconsin, plant, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Russell Packard, Trial Examiner. The hearing was held at
Sheboygan, Wisconsin, on July 16, 1943. The Company, the C. I. 0.,
and Armour Leather Workers Union, herein called the Independent,
appeared, participated, and were afforded full opportunity to be
heard, to, examine and cross-examine witnesses and to introduce evi-
dence 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 opportunity to file briefs with the Board.
I The parties stipulated that the true name of the Company is Armour Leather Company
of Delaware. The petition and all formal papers filed herein are ordered corrected in
accordance with said stipulation.
51 N. L. R B., No. 174.
1091
54061 2-44-vol 51-70
1092 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Armour Leather Company of Delaware is a Delaware corporation
having its principal office and place of business in Chicago, Illinois.
The only plant involved in this proceeding is the tannery and leather
factory at Sheboygan: Wisconsin, which the C'ornpany operates under
the trade name of Armour Leather Company. During the 6 months
period ending June 30, 1943, the Company used over 37,891,000 pounds
of raw materials, consisting of hides and tanning supplies, at its She-
boygan plant, of which amount, approximately 62 percent was shipped
to said plant from points outside the State of Wisconsin. ' During
the same period, the Company shipped from its Sheboygan plant
approximately 12,377,000 pounds of finished products, of which 66
percent was shipped to points outside the State of Wisconsin. The
Company does not deny that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Fur & Leather Workers' Union is a labor organiza-
tion, affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company?
Armour Leather Workers Union is an unaffiliated labor organiza-
tion, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 20, 1943, the C. I. O. requested the Company to
recognize it as the exclusive bargaining representative of the Com-
pany's production and maintenance employees. The Company re-
fuses to recognize the C. I. O. unless and until it is certified by the
Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the-hearing, indicates that the C. I. O. represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.3
2 Subsequent to filing the petition herein but prior to the hearing, International Fur &
Leather Workers' Union ( CIO) chartered Armour Leather Workers Union , Local 325,
International Fur & Leather Workers' Union , C. I. 0.
8 The report of the Field Examiner states that the C . I. O. submitted 526 application
for membership cards bearing apparently genuine signatures of persons whose names appear
on the Company 's pay roll of June 26 , 1943, which contains the names of 705 persons
within the alleged appropriate unit. All of said cards were dated in June or July 1943.
ARMOUR LEATHER COMPANY OF DELAWARE 1093
The record discloses that the Company has recognized the Inde-
pendent as the bargaining representative of its employees for the
past 9 years. On October 28, 1942, the Company and the Independ-
ent entered into a collective bargaining contract covering all pro-
duction employees of the Company's Sheboygan plant. This con-
tract, by its terms, was to remain in effect for the period of 1 year
and from year to year thereafter in the absence of notice of a desire
to renegotiate given by either party 30 days prior-to any anniversary
date of said contract.
On June 9, 1943, at a meeting of the representatives of the Indepen-
dent, who constitute its executive body, a resolution was adopted to
call a special meeting of the entire membership of the Independent
for the purpose of deciding whether the membership desired to af-
filiate with the C. I. O. On June 19, 1943, at a special membership
meeting, the above question was voted on by a secret ballot. The
results of the balloting indicate that, of the the 339 votes cast, 281
were in favor of affiliating with the C. I. 0., 57 were against such
affiliation and 1 of the ballots cast was blank. Immediately thereafter
the representatives of the Independent requested affiliation with the
C. I. 0., and on July 9, 1943, the organization was chartered as the
Armour Leather Workers' Union, Local 325, affiliated with Interna-
tional Fur & Leather Workers' Union (CIO). The Independent
ceased functioning immediately after the June 19, 1942, meeting.
Upon being chartered as an affiliate of the C. I. 0., the officers and
representatives of the Independent immediately became officers of the
C. I. O. local and all members in good standing became members of
the C. 1. 0. local. Since the Company refused to recognize the change
in affiliation when bargaining demands were made on June 20, 1943,
the officers of the new local continued to operate under the contract
of October 28, 1943, as this was the only grievance machinery in
existence. The officers and members of the Independent consider
the vote to affiliate with the C. I. O. sufficient to dissolve the Inde-
pendent as a labor organization. Neither the Independent nor the
Company urged the bargaining contract of October 28, 1942, as a
bar to this proceeding.
Inasmuch as the Independent has effected a complete shift of
officers, representatives, and membership to the C. I. O. and for all
practical purposes has ceased to exist as a labor organization, we
find that there is substantial doubt as to its continued existence, and
we further find that the contract of October 28, 1942, between the
Company and the Independent does not constitute a bar to a present
determination of representatives.'
'See Matter of Willard Stodage Battery Co*panp of Caltfotnta, 46 N. L. R. B. 425. and
cases cited therein.
1094 DECISIONS OF XATZOWAL LABOR RELATIONS BOARD
We find that a quest 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
J
The C. I. O. seeks a bargaining unit comprised of all production
and maintenance employees employed by the Company at its She-
boygan, Wisconsin, plant, excluding officers, supervisory personnel,
office and clerical employees, laboratory technicians, and deputized
guards. The record indicates that this unit consists of about 691
employees and is substantially the unit for which the Independent
has bargained for the past 9 -years. Neither the Company nor the
Independent objected to the unit proposed by the C. I. O.
We find that all production and maintenance employees employed
by the Company at its Sheboygan, Wisconsin, plant, excluding officers.
office and clerical employees, laboratory technicians, deputized guards,
and all supervisory employees with the authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act`
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. We hereby grant the C. I. O.'s request to appear on the
ballot as Armour Leather Workers Union, Local 325, International
Fur & Leather Workers' Union, C. I. O. We shall not afford the
Independent a place on the ballot since it stated on the record that it
did not desire to participate in an election directed by the Board.
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Armour Leather
Company of Delaware at its Sheboygan, Wisconsin, plant, an election
ARMOUR LEATHER COMPANY OF DELAWARE 1095
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 direc-
tion and supervision of the Regional Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, 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 this Direction, including em-
ployees who did not work during said pay-roll period because they were
ill or on vacation or temporarily laid off, including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by Armour Leather Workers Union, Local 325, Inter-
national Fur & Leather Workers' Union, C. I. 0., for the purposes of
collective bargaining.
CHAIRMAN MILMS took no part in the consideration of the above
Decision and Direction of Election.