Leon-Ferenbach, Inc.

National Labor Relations Board - Board Decisions

Feb 5, 1946

65 N.L.R.B. 807 (N.L.R.B. 1946)

El
In the Matter of LEON-FERENBACH, INCORPORATED and TEXTILE
WORKERS UNION OF AMERICA, CIO
Case No. 4-R-1899.Decided February 5, 1946
Mr. S. W. Rhoads, of Wilkes-Barre, Pa., for the Company.
Mr. James J. Kelly, of Hazleton, Pa., for the Union.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Leon-
Ferenbach, Incorporated, Wilkes-Barre, Pennsylvania, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Herman Lazarus, Trial
Examiner. The hearing was held at Wilkes-Barre, Pennsylvania, on
December 12, 1945. The Company and the Union appeared and par-
ticipated.' 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 an 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 TIIE COMPANY
Leon-Ferenbach, Incorporated, is incorporated under the laws of
the Commonwealth of Pennsylvania. The Company has offices and
a plant in Wilkes-Barre, Pennsylvania. The Company is engaged at
this plant in textile throwing mill operations,-including the manufac-
I International ' Brotherhood of Firemen & Oilers, Power House Operators, Ice Plant
Employees and Maintenance Men, Local 473, A F. of L., also served with notice , did not
appear.
65 N. L. R. B., No. 139. 807
808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ture of thrown nylon, rayon,,vnd silk yarns. During the past year the
Company used approximately $1,100,000 worth of raw materials,
approximately 90 percent of which was received from points outside
the Commonwealth of Pennsylvania. During the same period the
Company sold products valued at about $1,000,000, approximately 40
percent of which was shipped to points outside the Commonwealth
of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act, and we so find.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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. THE APPROPRIATE UNIT
In accordance with the agreement of the parties, we find that all
production and maintenance employees, excluding office and clerical
employees, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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. -
Testimony at the hearing revealed that among the employees of the
Company there were approximately 30 part-time employees, consist-
2 The Field Examiner reported that the Union submitted 265 authorization cards, and
that the Company 's pay roll contained the names of 560 employees in the appropriate
unit.
LEON-FERENBACH, INCORPORATED 809
ing entirely of students from local schools. It is clear that these em-
ployees perform regular production and maintenance duties. None
of these employees works less than 15 hours a week and a substantial
number work as much as 35 hours a week. The Company and the
Union agree, and we find,. that these employees are eligible to vote.
Although the Union has expressed a preference for an eligibility date
based upon the Company's pay roll for the first week of December
1945, we perceive no persuasive reason to deviate from our usual pro-
cedure.
Accordingly, we shall direct that the employees of the Company
eligible to vote in the election shall be those employees in the appro-
priate 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Leon-Ferenbach,
Incorporated, Wilkes-Barre, Pennsylvania, 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 super-
vision of the Regional Director for the Fourth 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 and have not been
rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by Textile Workers Union
of America, CIO, for the purposes of collective bargaining.