Milligan & Higgins Corp.

National Labor Relations Board - Board Decisions

Jun 11, 1943

50 N.L.R.B. 417 (N.L.R.B. 1943)

In the Matter Of MILLIGAN & HIGGINS CORPORATION and THE ADIRON-
DACK LEATHER WORKERS' UNION
Case No. R-5452.-Decided June 11 1943
Mr. Francis V. Cole, for the Board.
Mr. A. N. Johnson, of Gloversville, N. Y., for the Company.
Mr. Harold W. Ward, 'of Gloversville, N. Y., for the Leather
Workers.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
i
Upon amended petition duly filed by The Adirondack Leather
Workers' Union, herein called the Leather Workers, alleging that a
question affecting, commerce had arisen concerning the representation
of employees of Milligan & Higgins Corporation, Johnstown, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Meyer S.
Rider, Trial Examiner. Said hearing was held at Johnstown, New
York, on May,27, 1943. The Company and the Leather Workers
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.
Upon the entire record in the case, the Board makes. the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Milligan & Higgins Corporation, a New York corporation, with its
place of business at Johnstown, New York, is engaged in the manufac-
Local 202 , International Fur and Leather Workers Union , C. I. 0, herein called the
C I O , indicated an interest in this proceeding by the submission of designation cards to
the Field Examiner ' However , it did not appear or participate in the hearing although
,served with notice In a letter addressed to the Trial Examiner , it contended that no
election should be held because of the fact that the unfair labor practice charges, previously
filed against the Comany by the C. I. 0., bad,not been dissipated . We shall discuss this
matter in Section V , infra.
50 N. L R. B , No. 64
' 417.
418 DECQSffO'NS OF NATMONAL LABOR RELAT'IONS BOARD -
ture of hide glue and byproducts. During the period, between Novem-
ber 1, 1942, and April 30, 1943, the Company used at its Johnstbwn
plant raw materials valued ' at approximately $115,380.33, of which
approximately 38 percent-represents shipments made to the Johnstown
plant from points outside the State of New York. During the same
period the approximate value'bf the finished products of the Johns-
town plant amounted to $429,021.37, of which approximately 87 per-
cent represents, shipments to points outside the State of New York.
The Company admits that it is engaged in commerce within, the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOVLED
The Adirondack Leather Workers' Union is ' an unafliliat®d labor
organization admitting to membership employees of the Company.
Local 202, International Fur and Leather Workers Union, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant exclusive recognition as collective
bargaining representative to,either of the labor organizations involved
herein until there has been a certification by the Board.
A statement of the Field Examiner indicates that the Leather
Workers and the C. I. O. each represents a substantial number'of
employees 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 stipulation of the Company and the Leather
Workers, we find that all production and maintenance -employees of
the Company, in the North -Perry Street plant and the Maple Avenue
plant, including the shipping employees but excluding guards, watch-
men, executives , foremen, office and clerical employees, and chemists,
constitute 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, in accordance with our usual procedure, direct that the
question concerning representation which has arisen be.resolved by an
2 The Field Examiner - reported that the Leather workers submitted , 54 designation cards
bearing apparently genuine original signatures ; that 44 of these cards bore names appearing
on the Company ' s pay roll of April 25 , 1943 ; and that said pay roll contained the names
of 54 persons in the appropriate unit. He _ furtherreported that the C . 1. 0. submitted
17 designation cards containing apparently genuine original signatures ; and that 13 of these
cards bore names appearing on the above -mentioned pay roll.
'MILLIGAN & HIGGINS CORPORATION ' 419--
election by secret ballot among the employees in the appropriate unit.
The C. I. 0. in a letter dated May 26, 1943, introduced in evidence at
the hearing, contended that no election, should be held herein on the
'ground ,that the effects of unfair labor practices charged against the
Company by the C. I. 0.3 have not as yet been dissipated. However;
these charges were settled by a settlement agreement dated, February
11, 1943, which ,was approved by the Re"'ional Director. An appeal
by the C. I. 0. from this disposition has been denied by the Board.
The petition herein was filed after the expiration of the 60 days pro-
tided in the-settlement. agreement for the- posting of notices, There
are no unfair labor practice charges now pending against the Com-
pany. We perceive no reason for not directing.an immediate election.
In accordance with our usual practice, we shall direct that the election
be held among the employees who were employed during the pay-roll-
period immediately preceding the date of the Direction of Election;
'thcrem.4subject to the limitations' and additions set forth
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 2, as amended, it is hereby
DIREc1D that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Milligan & Higgins
Corporation, Johnstown, New York, 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 Third Region, acting in this matter
as agent for the National Labor'Relations Board, and subject to Article
III, Section 10, 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 pre-
sent themselves in person at the polls, but excluding those employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by The Adirondack Leather Work-
ers' Union, for the purposes of collective bargaining.
$ Case No 3-C-639 ,
4Inasmuch as the C. I 0 'did not appear at the hearing herein, although duly notified
thereof , we shall not place its name upon the ballot However , we shall amend the Direc-
tion of Election to accord it a place on the ballot if within 5 days the C I 0 indicates its
desire to participate in the election.