Brindis Tanning Co.

National Labor Relations Board - Board Decisions

Sep 1, 1943

52 N.L.R.B. 353 (N.L.R.B. 1943)

In the Matter of BRINDIs TANNING COMPANY and INTERNATIONAL FUR
AND LEATHER WORKms UNION OF UNITED STATES AND CANADA,
LEATHER DIVISION, C. I. O.
Case No. B-5870.-Decided September 1, 1943
Mr. George Karelitz, or Haverhill, Mass. , for the Company.
Grant & Ango ff, by Mr. Samuel E. Ango ff, of Boston, Mass., for the
Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Fur and Leather Workers
Union of United States and Canada, Leather Division, C. I. 0., herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Brindis Tanning
Company, Haverhill, Massachusetts, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Samuel G. Zack, Trial Examiner. Said hear-
ing was held at Haverhill, Massachusetts, on August 18, 1943. The
Company and the Union 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 hearing are free from prejudicial error and are
hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Brindis Tanning Company is a Massachusetts corporation with
its principal place of business at Haverhill, Massachusetts, where it
52 N. L. R. B., No. 49.
353
354 DECISILONS OF NATIONAL LABOR RELATIONS BOARD
is engaged in the manufacture of leather goods. The Company uses
raw materials valued at about $50,000 semi-annually and sells finished
products valued at about $150,000. About 50 percent of the raw
materials and finished products-are shipped to or from points outside
the State of Massachusetts.
II. THE ORGANIZATION INVOLVED
International Fur and Leather Workers Union of United States
and Canada, Leather Division, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During June 1943, the Union requested the Company to recognize
it as the exclusive bargaining representative of the Company's tan-
nery employees. The Company' refused this request.
- A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.'
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all production employees at the tannery of the Company, exclud-
ing office employees and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such 'action, consti-
tute 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 means of an election by secret ballot among'
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
1 The Regional Director reported that the Union presented 12 membership application
cards bearing apparently genuine signatures of persons whose names appear on the,Com-
pany's pay roll of July 17, 1943 . There are approximately 15 employees in the appropriate
unit.
BRINDIS TANNING COMPANY 355
Election herein, subject to the limitations and additions set forth in
the Direction.
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 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 Brindis Tanning
Company, Haverhill, Massachusetts, 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, 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 subject to
Article III, Sections 10 and 11, 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 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 any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Inter-
national Fur and Leather Workers Union of United States and
Canada, Leather Division, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
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