Boston Hide and Leather Co.

National Labor Relations Board - Board Decisions

Feb 27, 1945

60 N.L.R.B. 919 (N.L.R.B. 1945)

In the Matter of BOSTON HIDE AND LEATHER COMPANY and UNITED
LEATHER WORKERS INTERNATIONAL UNION, LOCAL #122, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
III the Matter of C. S. HARRIMAN & SONS and UNITED LEATHER
WORKERS INTERNATIONAL UNION, LOCAL # 122, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
In the Matter Of MURRAY LEATHER COMPANY and UNITED LEATHER
WORKERS INTERNATIONAL UNION, LOCAL # 122, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
Cases Nos. 1-R-2115,1-R-9d119, and 1-R- 2121, respectively .-Decided
February 27, 1945
Mr. Robert E. Greene, of counsel to the Board.'
Mr. Harlow, T. McColgan, of Woburn, Mass., for Boston Hide.
Mr. Caleb S. Harriman, of Wilmington, Mass., for Harriman.
Mr. James S. Murray, of Woburn, Mass., for Murray.
Mr. Herbert S. Peters, of Peabody, Mass., for the Independents.2
Mr. Thomas J. Mullaney, of Philadelphia, Pa., and Mr. William F.
Regan, of Peabody, Mass., for the A. F. L.,
Messrs. Grant d Angoff, by Mr. Sidney S. Grant, of Boston, Mass.,
for the C. I. O.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon three separate petitions duly filed by United Leather Workers
International Union, Local #122, affiliated with the American Fed-
eration of Labor, herein called the A. F. L., alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees of Boston Hide and Leather Company, Woburn, Massachu-
I Mr. Greene acted as Trial Examiner on the first day of the hearing in Case No. 1-11-
2115 and Case No. 1-R-2121 . He was subsequently replaced, and thereafter acted as
counsel to the Board.
2 Mr. Peters , although appearing at the hearing in Case No. 1-R-2119, took no active
part in these consolidated proceedings, since the employers represented by him, referred to in
Matter of Advance Tanning Company, et at ., 60 N. L. R. B. 923 , as the Independents
were not involved.
60 N.L. R B No. 159.
919
920 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
setts, C. S. Harriman & Sons, North Wilmington, Massachusetts, and
Murray Leather Company, Woburn, Massachusetts, herein called
Boston Hide, Harriman, and Murray, respectively, the National Labor
Relations Board provided for appropriate hearings upon due notice
before Robert E. Greene and Samuel H. Jaffee, Trial Examiners.
Said hearings were held at Salem, Massachusetts, on November 27,
29, and December 5, 1944. Boston Hide, Harriman, Murray, the
A. F. L., and International Fur and Leather Workers Union, C. I. 0.,
Local #22, herein called the C. I. 0., appeared, participated, and were -
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearings are free from prejudicial
erroriand are hereby affirmed. All parties were afforded an opportu-
nity to file briefs with the Board.
The Board, on its own motion, hereby consolidates the foregoing
cases for the purposes of decision, and, upon the consolidated record,
makes the following:-
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Boston Hide and Leather Company is engaged in purchasing hides,
processing them into leather, and selling the finished leather products.
For this purpose, it operates a plant located at Woburn, Massachu-
setts, with which we are concerned herein. Boston Hide annually
purchases raw materials valued in excess of $100,000, a substantial
portion of which is derived from sources located outside the Common-
wealth of Massachusetts. The record indicates that, over a period of
6 months, 32 percent of the finished products of Boston Hide was
delivered to points outside the Commonwealth of Massachusetts.
Caleb S. Harriman, doing business as C. S. Harriman & Sons, is
engaged in tanning hides which are delivered to him under contract.
Harriman annually purchases materials for use in the tanning process
valued at between 50 to 60 thousand dollars a year, of which approxi-
mately 80 percent originates in points outside the Commonwealth of
Massachusetts. Ninety to 95 percent of the hides which are sent to
Harriman for tanning originates in points outside the Commonwealth
of Massachusetts.
Murray Leather Company is engaged in the business of buying hides,
tanning them, and selling the finished leather products. Approxi-
mately 90 percent of the hides purchased by Murray is derived from
sources located outside the Commonwealth of Massachusetts, and
approximately 90 percent of the finished products of Murray is shipped
to points outside the Commonwealth of Massachusetts.
Boston Hides, Harriman, and Murray each admits that it is engaged
in commerce within the meaning of the National Labor Relations Act.
BOSTON HIDE AND LEATHER COMPANY
II. THE ORGANIZATIONS INVOLVED
921
United Leather Workers International Union, Local #122, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
International Fur and Leather Workers Union, Local #22, is a
labor organization affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
Boston Hide, Harriman, and Murray each refuses to recognize any
labor organization as the collective bargaining representative of its
employees, in the absence of certification by the Board.
Reports of a Field Examiner for the Board, introduced, into evidence
at, the hearings, indicate that t+he A. F. L. represents a substantial
number of employees in each of the units which it proposes as
appropriate.3
We find that questions affecting commerce have 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 UNITS
Substantially in accordance with the agreements of the parties con-
cerned, we find that the following groups of employees constitute
appropriate units within the meaning of Section 9 (b) of the Act:
1. All production employees of Boston Hide, excluding firemen,
engineers, maintenance employees, watchmen, office workers, execu-
tives, foremen, and -all other supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action;
2. All production employees of Harriman, excluding firemen,
engineers, maintenance employees, watchmen, office workers, execu-
tives,, foremen, and all other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees; and
3. All production employees of Murray, excluding firemen, en-
gineers, maintenance employees, watchmen, office workers, executives,
3 The reports of the Field Examiner may be summarized as follows :
No. of designa-
Case No . No. in unit
tions submitted
by the A. F. L.
1-R-2115-------------------------------------- 20 17
1-R-2119-------------------------------------- 60 60
1-R-2121-------------------------------------- 75 65
The C. I. O. relies upon its current collective bargaining agreements with Boston Hide,
Harriman , and Murray for the establishment of its interest in these proceedings.
922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
foremen, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by separate elections by secret ballot among -
the employees in the appropriate units who were employed during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth
in the direction.
DIRECTION OF ELECTIONS
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, a part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Boston Hide and
Leather Company, Woburn, Massachusetts, C. S. Harriman & Sons,
North Wilmington, Massachusetts, and Murray Leather Company,
Woburn, Massachusetts, three separate elections by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Direction of Elections, under the direction and
supervision of the Regional Director for the First Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the units 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 said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether they desire to be represented for -
the purposes of collective bargaining, by United Leather Workers
International Union, Local #122, affiliated with the American Fed-
eration of Labor, or by International Fur and Leather Workers Union,
Local #22, affiliated with the Congress of Industrial Organizations,
or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of'Elections.