Brown Shoe Co.

In the Matter of BROWN SHOE COMPANY and SHOE WORKERS OF DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. R-5173.-Decided May 5. 19. 3 Mr. Charles P. Peiffer, of Murphysboro, Ill.; for the Company. Mr. Joseph E. Ecoppi, of Maton, Ill., for District 50. Mr. Morris J. Levine, of St. Louis, Mo., for Local 111-A. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE' CASE Upon petition duly filed by Shoe Workers of District 50, United Mine Workers of America, herein called District 50, alleging that a question affecting commerce had arisen concerning the representation of employees of Brown Shoe Company, Murphysboro, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Laurence H. Whitlow, Trial Examiner. Said hearing was held at Murphysboro, Illinois, on April 9','1943. At the commencement of the hearing, the Trial Exam- iner granted'a motion of Local 111-A, United Shoe Workers of Amer- ica, herein called Local 111-A, to intervene. The Company, District 50, and Local 111-A appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to, introduce evidence bearing on the issues. During the course of the hearing counsel for Local 111-A moved to dismiss the petition; the Trial Examiner reserved ruling. The motion is hereby denied. 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 1. TIIE BUSINESS OF THE COMPANY Brown Shoe Company Is a New York corporation operating 15 shoe factories in the States of Missouri, Illinois, Indiana, and Tennessee. 49 N. L. R. B, No. 65. 484 BROWN_ SHOE COMPANY 11 485 We are here concerned with its plant at Murphysboro, Illinois. During 1942 the Company used raw materials valued in excess of $1,000,000 at its Murphysboro plant, over 50 percent of which was shipped to it from points outside the State of Illinois. During the same period the Company manufactured shoes at its Murphysboro plant valued in excess of $1,000,000, over 50 percent of which was shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Shoe Workers of District 50, United Mine Workers of America, is a labor organization, admitting to membership employees of the Company. Local 111-A, United Shoe Workers of America, is a labor organi-' zation affiliated with the Congress of Industrial Organizations, ad- mitting to membership employees of the Company. 1III. THE QUESTION CONCERNING REPRESENTATION On February 15, 1943, District 50 requested the Company- to recog- nize it as the exclusive representative of the employees at the Mur- physboro plant. The Company refused this request. On May 9, 1942, the Company and Local 111-A entered into an exclusive contract. The contract provides that it shall remain in effect until May 9, 1943, and from year to year thereafter unless notice is given by either party thereto not less than 30 or more than 60 days prior to any annual expiration date of a desire, to terminate. Local 111-A contends that this contract is a bar. Inasmuch as Dis- trict 50 made its claim known to the Company prior to April 9, 1943, we find that the contract does not constitute a bar to a determi- nation of representatives at this time. A statement of the Regional Director, introduced into evidence at the hearing, ,indicates that District 50 represents a substantial num- ber of employees in the unit hereinafter found to be appropriate.' 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. 'The Regional Director reported that District 50 presented 477 membership application cards bearing apparently genuine signatures of poisons whose navies appear on the Con= pany 's pay roll of March 1 , 1943. There are approximately 614 employees in the appro- priate unit . Local 111-A relies on its contract as evidence of its representation. 486 DECISIONS OF NATIONAL LABOR 'RELATIO'NS BOARD IV. THE: APPROPRIATE UNIT, District 50 contends that, all employees at ;the Murphysboro, plant of the Company, including plant clerical employees, but; excluding supervisors. and - office, employees, constitute an appropriate unit, The only controversy with respect to the: unit concerns plant clerical employees. , District 50 and Local' 111-A,contend that plant clerical employees should be included in the unit, and the Company, contends that they should be excluded. The Company has three- persons classified by it as plant clerical employees. The plant clerical employees work under the supervision of production foremen"and are paid on an hourly basis comparable to that of the' production, employees. ' Since they are 'functionally related to production employees and since it appears that they have beeii- treated as covered by the contract,'ive shall include plant' cler- ical employees in'the unit.' We find that all employees at the Murphysboro plant of the Com- pany, including plant clerical employees, but excluding supervisors and office employees, 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 sl;iall direct that the question concerning representation which has arisen shall be resolved by means of 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. District 50 requests that it appear on the ballot as "Shoe Workers of District 50, U. M. W. of A." The request is hereby granted. DIRECTION OF ELECTION By virtue of and pursuant to' the po ver 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 the National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes "of' collective bargaining with `Brown Shoe Company, Murphysboro, 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 BROWN' SHOE COMPANY 487 matter as agent for the National Labor Relations Board, and sub- ject 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 they desire to be represented by Shoe Work- ers of District 50, U. M. W. of A., or by United She Workers of America, Local 111-A, C. I. 0., for the purposes of collective bar- gaining, or by neither. a