Hawthrone Tanners, Inc.

National Labor Relations Board - Board Decisions

Feb 6, 1946

65 N.L.R.B. 844 (N.L.R.B. 1946)

In the Matter of HAWTHORNE TANNERS, INC. and INTERNATIONAL FUR
AND LEATHER WORKERS UNION OF THE UNITED STATES AND CANADA
(CIO) LOCAL 21
Case No. 1-R-.678.Decided February 6, 1946
Mr. Edmund J. Blake, of Boston, Mass., for the Company.
Mr. Harold B. Roitman, of Boston, Mass., for the CIO.
Mr. William Regan, of Peabody, Mass., for the AFL.
Mr. Charles G. Kessler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Fur and
Leather Workers Union of the United States and Canada (CIO)
Local 21, herein called the CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Hawthorne Tanners, Inc., Salem, Massachusetts, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before John W. Coddaire, Jr., Trial
Examiner. Said hearing was held at Salem, Massachusetts, on Novem-
ber 13, 1945. The Company, the CIO, and United Leather Workers
International Union (AFL), Local 21, herein called the AFL, ap-
peared and participated.' All parties 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 :
1 At the commencement of the hearing, the Trial Examiner granted the AFL's motion
to intervene without objection. During the hearing, the CIO objected to the intervention
of the AFL on the ground that the AFL failed to show an interest in the proceeding. The
Trial Examiner overruled the objection. For the reasons set forth in Section III, infra,
we affirm the Trial Examiner ' s ruling.
65 N. L. R. B., No. 149.
844
HAWTHORNE TANNERS, INC.
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
845
Hawthorne Tanners, Inc., a Massachusetts corporation, is engaged
at Salem, Massachusetts, in the business of tanning and finishing
sheepskins and leathers. It performs this processing operation on
skins which are the property of its customers. The Company pur-
chases annually raw materials consisting of dyes, pigments, and
extracts valued in excess of $100,000, of which 20 percent is shipped
to the plant from points outside the Commonwealth of Massachusetts.
During a similar period, the Company, after processing the skins,
at a cost to itself in excess of $100,000, ships 20 percent of them to
points outside the Commonwealth.
The Company stipulated that it is engaged in commerce within
the meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
International Fur and Leather Workers Union of the United
States and Canada, Local 21, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
United Leather Workers International Union, Local 21, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 14, 1945, the CIO wrote to the Company requesting
that it be allowed to handle grievance matters arising among the
employees of the Company. The Company did not reply to this
letter, whereupon the CIO filed a petition and an amended petition
herein on September 21, 1945, and on October 31, 1945, respectively.
At the hearing the AFL contended that a contract between it and the
Gleason Leather Co., Inc., the predecessor of the Company, herein
called Gleason, was a bar to this proceeding. The Company and the
CIO took the position that there is no presently existing contract
because of the change in the corporate entity.
On June 8, 1944, Gleason and the AFL entered into a contract
covering a unit similar to the one sought in the instant petition.
The contract which was effective as of June 8, 1944, was for an
initial period ending December 31, 1944, and was subject to automatic
renewal from year to year in the absence of 30 days' notice by either
party to the other of a desire to terminate the contract on December
31, 1944, or on the first day of January of any year thereafter. Inas-
846 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
much as the CIO asserted its rival representation claim and filed its
petition prior to the 1945 automatic renewal notice date of the con-
tract, no bar exists to an election at this time,' and it is unnecessary in
this proceeding to determine the validity of the AFL's contention
that the Company is bound by the contract executed by the AFL and
Gleason.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found appropriate.3
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 Act.
IV. TILE APPROPRIATE UNIT
The parties agree, and we find, that all production employees of
the Company, excluding clerical employees, mechanics, engineers,
firemen, working foremen, and all or any other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive 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
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
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 3, as amended, it
is hereby
1 See Matter of Thompson Products, Inc , 60 N L R B 885
3 The Field Examiner reported that the CIO submitted 62 cards hearing the names of
34 employees There are approximately 65 employees in the appropriate unit
At the hearing the AFL objected to the admission into evidence of the Field Examiner's
statement on the ground that it did not show that the cards submitted were authentic
We find this contention to be without merit We have frequently stated that the submis-
sion of cards Is an administrative expedient adopted by the Board to determine for itself
whether or not to conduct an election and questioning of the evidential showing by an
opposing psi ty is not permitted See Matter of Sunset Motor Lines, 59 N L R B 1434
HAWTHORNE TANNERS, INC. 847
DIRECTED,that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hawthorne Tan-
ners, Inc., Salem, 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 preced-
ing 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 by
International Fur and Leather Workers Union of the United States
and Canada (CIO) Local 21, or by United Leather Workers Inter-
national Union (AFL), for the purposes of collective bargaining,
,or by neither.
679100-46-vol. 65-55