International Shoe Co.

iii the Matter Of INTERNATIONAL SHOE CO., WOOD RIVER TANNERS and INTERNATIONAL ASSOCIATION OF MACHINISTS , DISTRICT No. 9, A. F. L. Case No. R-5078.Decided April 3, 1943 Mr. Richard O. Romer, of St. Louis, Mo., for the Company. Mr. W. C. Hamilton, of St. Louis, Mo., for the I. A. M. Miss Viola James, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Association of Machinists, District No. 9, affiliated with the American Federation of Labor, herein called the I. A. M., alleging that a question affecting commerce had arisen concerning the representation of employees of International Shoe Company, Wood River Tanneries, Wood River, Illinois, herein called the Company,•the National Labor Relations Board provided for an appropriate hearing upon due notice before Laurence A. Whitlow, Trial Examiner. Said hearing was held -at St. Louis, Missouri, on March 25,1943. The Company and the I. A. M. 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 prej- udicial error and are hereby affirmed. On April 1 and 6, 1943, the Company and the I. A. M., respectively, filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the. following:, FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY International Shoe Company, a Delaware corporation with its prin- cipal offices in St. Louis, Missouri, owns and operates the Wood River Tanneries, a hide conversion plant at Wood River, Illinois. Certain employees at this plant are involved herein. In 1942 the plant proc- 1 United Leather Workers International Union, Local No 31, affiliated with the American Federation of Labor, , herein called the Leather workers, although served with notice, made no appearance. 49 N. L. R B., No. 13. 73 74 DEiCISIONS OF NATIONAL LABOR RELATIONS BOARD- essed hides1valued at $9,000,000, approximately 90 percent of which was received from points outside the State of Illinois. During the same year approximately 99 percent of the finished leather was sent to International Shoe Company factories throughout the United States. Byproducts of the plant, consisting of splits, hair, and glue stock, are sold on the open market. The Company admits that in its operation's at the Wood River plant it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Association of Machinists, District No. 9, affiliated with the American Federation of Labor, is a labor organization ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 22, 1943, the I. A. M. requested recognition as the bargaining represeliative of certain employees of the Company. On February 23, 1943, the Company replied by letter, stating that since the Board had refused to issue notice of hearing in a previous matter, Case No. 14-R-515, it would be improper for the Company to enter into a discussion concerning bargaining rights. In Case No. 14-R-515, the Board sustained the action of the Re- gional Director in dismissing the petition of the I. A. M. in view of a then existing bargaining agrement between the Company and the Leather Workers, which covered an industrial unit. In that case the I. A. M. sought to establish the same craft unit that it now seeks. As the contract expires April 30, 1943, we find that it is not a bar to the present proceeding. The Company also contends that the Board's establishment of an industrial unit and the subsequent bargaining with the Leather Work- ers on that basis prevent the existence' of a' question concerning 'repre- sentation herein. We dismiss this contention for the reasons appearing in Section IV, below. The Regional Director's statement, introduced into evidence at the, hearing, indicates that the I. A. M. - represents a substantial number of employees in the unit hereinafter' found to be appropriate.2 We find that a question affecting commerce has arisen concerning the representation of emploves of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. , 'The Regional Director reported that the I. A. M submitted 27 authorization cards, all dated in December 1942, and all of which bore apparently genuine original signatures ; 26 contained the names of pet sons on the Company' s pay roll of February 20, 1943, which listed 31 persons in the unit alleged as appropriate. - INTEIRNATIONALSHOE, CO. IV. THE APPROPRIATE UNIT 75 The I. A. M. seeks to establish a craft unit of employees who are classified on the Company 's pay roll as machinists, plant mechanics, field mechanics, a blacksmith welder, mechanics' helpers, shop me- chanics, first and second class power plant maintenance and general power plant maintenance employees , maintenance helpers , and power plant helpers .3 The Company maintains that an industrial unit is the only appropriate unit, By a consent election in 1939, the Leather Workers was certified as the exclusive bargaining agent for the Company 's employees in an'industrial unit, and it has bargained with the Company since 1939 on that basis: As stated above, the Company contends that the prior unit determination and subsequent successful bargaining relations with the Leather Workers precludes the establishment of a craft unit. The Leather, Workers , however, was the only labor organization that was a party to the 1939 procedure, and no claim was made for the estab- lishment of a smaller unit . Under such circumstances we find that the prior unit determination does not prevent the establishment of a smaller unit at this time if such a unit is otherwise appropriate.' Moreover, it appears that prior to the hearing the Leather Workers relinquished its right to bargain for the employees in the unit sought by the I. A. M. and so notified the Company. The Company further opposes the establishment of a craft unit on the ground that its plant operates as an integrated whole and , hence, the large unit is the only appropriate unit. The plant employs ap- proximately 1,300 persons 'and consists of Tanneries Nos. 1 and 2, the Split Tannery and various auxiliary units , including the pigment and chemical departments and the hide house. There are also auxiliary service units such as the maintenance department and the power plant, in which there are approximately 50 to 60 employees. The I. A. M. seeks to include in the unit about 28 employees from this group. who are eligible to membership in the I. A. M., and would exclude the others, such as carpenters, pipe fitters , truck drivers, etc., who are eligible to other craft unions . The employees whom the I. A. M. would include are referred to.in the record as the 'inechanical crew. They are machinists, mechanics and their helpers , and they 3In its petition the I. A. Al described the unit as the "mechanical crew of the main- tenance department, including shop mechanics and helpers , field mechanics and helpers, plant machinists and helpers , power plant machinists and helpers , and blacksmith-welders, and excluding electricians , operating engineers , foremen spending all their time in purely supervisory duties and all other employees of the Company." The parties 'agreed that the pay roll correctly classifies the employees sought by the I. A. M. 4 See Matter of Bethlehem Steel Company (Boston Paids ) and Pattern Makers League of North America (A. F. L ), 39 N. L R B. 1230; Hoffman Beverage Co. and International Brotherhood of Firemen and Oilers , Local #55, etc, 8 N. L. R . B. 1367; also see Matter of Tampa Florida Brewery, Inc and International Union of United Brewery, Flour, Cereal d Soft Drink Workers of America, Local #18G, 42 N. L. R. B. 642. 76 DECISIONS OF NATIONAL LABOR RELATIONS BOARD constitute ,a well-established and skilled craft. Moreover, it appears that approximately 85 percent of them have shown their preference for the I. A. M. as a bargaining agent. We find that they are properly an appropriate unit. We find that the employees of the Company in the mechanical crew of the maintenance department , including machinists, plant mechanics', field mechanics, the blacksmith welder, mechanics' helpers, shop mechanics, first and second class power plant maintenance and gen- eral power plant maintenance employees , maintenance helpers, and power plant helpers, but excluding foremen who have supervisory duties and all other employees of the Company , 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 direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately, preceding the date of our 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 Rela- tions 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 International Shoe Co. , Wood River Tanneries, Wood River, Illinois, 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 Fourteenth Region, acting in this matter as agent for the National Labor Rela- tions 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 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 International Association of Machinists , District No. 9, affiliated with the American Federation of Labor, for the purposes of collective bargaining.