Damascus Tanning Co.

National Labor Relations Board - Board Decisions

Dec 28, 1951

97 N.L.R.B. 768 (N.L.R.B. 1951)

768 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant basis, a unit limited to the employees at one of the plants is not
appropriate for purposes of collective bargaining and should not be
severed from the broader appropriate unit." Accordingly, we find
that the requested unit, limited as it is to the employees at the Tona-
wanda mill, is not appropriate and is not severable from the northern
division unit." We shall therefore dismiss the petition herein.10
Order
Upon the basis of the entire record in this proceeding, the National
Labor Relations Board hereby orders that the petition in the instant
matter be, and it hereby is, dismissed.
8 Hanover Chemical and Manufacturing Company , 90 NLRB 650 ; Manhattan Sponging
Works, 90 NLRB 13; Bethlehem-Fairfield Shipyard, Incorporated, 58 NLRB 579.
0 As the determination of this issue is dispositive of this proceeding , it is unnecessary
for us to pass upon the' Employer 's Joint Intervenor 's alternative contention that
their current contract constitutes a bar.
10 In support of its position , the Petitioner urged that the Board follow Its decision in
International Paper Company , Southern Kraft Division, 94 NLRB 483 . To the extent
that that case is inconsistent with the decision herein in finding that the contracts through
1947 were "members only" rather than exclusive , it is hereby overruled.
DAMASCUS TANNING COMPANY and AMALGAMATED MEAT CUTTERS AND
BUTCHER WORKMEN OF NORTH AMERICA, AFL, PETITIONER. Case
No. 6-RC-87.. December 08, 1951
Decision and Order
On August 22, 1951, pursuant to a stipulation for certification
upon consent election executed by the Employer and the petitioner,
an election by secret ballot was conducted under the direction and
supervision of the Regional Director for the Sixth Region among
the employees in the unit agreed upon by the parties. Upon the con-
clusion of the election, a tally of ballots was furnished the parties in
accordance with the Rules and Regulations of the Board.
The tally shows that of the approximately 122 eligible voters, 118
cast valid ballots, of which 52 were for the Petitioner and 66 were
against the Petitioner. No ballots were challenged.
On August 27, 1951, the Petitioner filed objections to conduct af-
fecting the results of the election. After having duly investigated
the issues raised by such objections, the Regional Director, on October
30, 1951, issued and duly served upon the parties his report on objec-
tions, in which he found that the objections did raise substantial and
material issues with respect to the election and recommended that
the election of August 22, 1951, be set aside and a new election directed.
On November 7, 1951, the Employer filed exceptions to the Regional
Director's report on objections. No exceptions were filed by the
Petitioner.
97 NLRB No. 100.
DAMASCUS TANNING COMPANY 769
The Regional Director based his recommendation upon the finding
that the Employer engaged in interrogation of employees in regard
to union affiliation or activities, implying loss of benefit, and that,
such conduct constituted interference with the employees' free choice.
of representatives. In particular, the finding was based upon the
following two incidents which the Regional Director found to have
occured:
On or about August 2, 1951, 20 days before the election, Robert
Partridge, superintendent of the Employer's plant, called employee
Homer Phillips to his office. Partridge informed Phillips that he
(Partridge) had heard that Phillips was riding around with the union
organizers. After advising Phillips that he had a right to his own
opinion, Partridge stated that he had asked Phillips to come in be-
cause, if Phillips had "some gripe" against the Employer, he would
like Phillips to tell him about it.
On or about July 17, 1951, more than a month before the election,
employee John Milchuck asked Superintendent Partridge to hire
his 18-year-old son. Milchuck was told that the Employer would
not hire any more 18-year-old applicants. The following day, Part-
ridge came to the place where Milchuck was working and said to him,
"A fine thing, you asking for a favor and running around with the
Union."
The Employer's exceptions do not specifically deny that the above-
described incidents occured. However, assuming, without deciding,
that the two incidents did occur as found by the Regional Director,
and considering the tenor of both of these statements and their rela-
tion in point of time to the election, we do not believe that they could
have had sufficient impact on the election to justify setting it aside.'
We find, on the basis of the entire record in this case, that the
Petitioner's objections, the Regional Director's report and the Em-
ployer's exceptions thereto do not raise substantial and material issues
regarding the conduct of the election. The Employer's exceptions
are sustained and the Petitioner's objections are hereby overruled:
As the results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees in the
stipulated unit, we shall dismiss the petition filed herein.
Order
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
MEMBERS HOUSTON and STYLES took no part in the consideration of
the above Decision and Order.
1 Walson and Company, Inc., 95 NLRB 882; S & S Corrugated Paper Machinery Co., Inc.,
89 NLRB 1363.