A. S. Beck Shoe Corp.

In'the Matter of A. S. BECK SHOE CORPORATION and RETAIL AN6 WHOLESALE SHOE EMPLOYEES UNION Case No. 4-R-1405.-Decided July 14,19.44 Schlesinger and Krinsky, by Mr. I. E. Schlesinger, of News York City, for the, Company. Mr. Louis F. McCabe, of Philadelphia, Pa., for the Independent. Mr.-Benjamin R. Simons, of Philadelphia,, Pa., for the C. 1. 0. Mr. Louis Cokin, of counsel to the Board. DECISION AND.. DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Retail and Wholesale Shoe Employees Union, herein called the Independent, alleging that a question affect- ing commerce had arisen concerning the representaion of employees of A. S. Beck Shoe- Corporation, Philadelphia, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Herman Lazarus, Trial Examiner. Said hearing was held at Philadelphia, Pennsyl- vania, on June 13, 1944. At the commencement of the hearing the Trial Examiner granted a. motion of United Retail, Wholesale and., Department Store Employees of America, C. I. 0., herein called the C. I. 0., to intervene. The Company, the Independent and the C.'I. O. appeared at, and participated in, the hearing and 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: FINDINGS OF FACT 1. THE BUSINESS OE ;THE COMPANY A. S. Beck Shoe Corporation is a Delaware corporation with its principal office at Dover, Delaware. The Company' operates 108 retail 57 N. L R. B, No. 61. , 335 e336 DECISIONS'-OF NATIONAL LABOR RELATIONS BOARD Y shoe stores in 20 States where it is engaged in- the sale at retail of shoes, hosiery, handbags , gloves, and related items. - We are here con- cerned with 5 of .its stores in Philadelphia ,' 1 at Chester , Pennsyl- vania, and 1 at Camden , New Jersey . The stores involved in the in- stailt',procee,ding, receive - merchandise,:v tiued in excess of,4$1,350,000" annually from the Company 's warehouse located at New York City. About 2 percent of the stock of the Camden; New Jersey , store is ex- changed annually kith the stock of stores located in Philadelphia. _ The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED - Retail and Wholesale Shoe Employees Union is an unaffiliated labor ..organization, admitting to membership employees of the Company. United _ Retitiil, , Wholesale and Department , Store, Employees. of America is a labor organization affiliated with the Congress of In- dustrial Organizations, admitting to membership employees of the Company. ' III. THE QUESTION. CONCERNING REPRESENTATION I On or about March 21, 1944, the Independent requested the Com- pany to recognize it as the exclusive collective bargaining representa- tive of the employees involved herein. The; Company refused this request. , . A statement of a Field Examiner -of the Board, introduced into .evidence at the hearing, indicates that the Independent 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 employees of the Company, within the meaning ,of Section 9 (c) and Section 2 (6) and (7) of the Act. • ; i IV. THE APPROPRIATE UNIT We find; in substantiahaccord with a stipulation of the parties,' that all assistant managers (except the assistant managers at 1308 Chestnut Street and 10th and Market Streets),3 shoe salesmen, hosiery girls; These stores are located at 1308 Chestnut Street, 1303 Market Street, 10th and Market Streets. 5301 Germantown Avenue,•and 55 South 69th Street 'Tile Field Examiner reported tl>at-the Independent ,presented an authorization; peti- tion bearing apparently-genuine sigratutes of 53 persons'whose names appear on the Company's pay roll of April 8, 1944 There are approximately 58 employees in the appro- priate unit The Trial Ek"amuner reported that the C I O. presented 38 dues record cards beating the names of persons on the April 8, 1944, payroll , ' r gThe assistant managers other than those at the 1308 Chestnut Street and 10th and Market Street stores are non-supervisory employees - A. S. BECK SHOE CORPORATION 337 handbag'girls, cashiers, wrappers, porters, and stock boys at five Phila- delphia stores,4 one at Chester, Pennsylvania, and one at Camden, New Jersey, excluding managers, and any other supervisory employees with authority to, hire, ,promote, discharge, discipline, or otherwise',effect changes in the. status of employees, or effectively recommend such ac- t] on, constitute a unit appropriate for the purposes of collective, bare gaining, 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 means of an election by secret ballot among the employees in, the appropriate unit who were employed duffing 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. Some controversy arose at the hearing with iespect to whether or not the C. I. O. should be accorded a place on the ballot. In February 1942 a Local of the C. I. O. entered into a contract with the Company covering the employees involved herein. Said contract remained in effect by its terms until January 31, 1943, and was continued there- after by oral understanding between the parties until July 1943. At that time the parties entered into a supplemental agreement extending the terms of the original contract to January 31, 1944. It appears also that the parties, by oral understanding, extended the terms of that contract beyond its termination date. In the early part of 1944, a controversy arose between the contracting Local and the C. I. O. as a result of which the former's charter was revoked and its officers ex- pelled. The record also indicates that the employees who were mem- bers of'the Local voted to disassociate themselves from the C. 1.0. and to form the Independent. Inasmuch as an election is to be directed and a Local of the C. I. O. has had contractual relations with the Com- pany in the recent past, and in the light of the schism between the C. I. O. and its Local, we shall accord the former a place on the ballot. 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, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with A. S. Beck Shoe Corporation, Philadelphia, Pennsylvania, an election by secret ballot See footnote 1, supra 601248=45-vo1 57--23 338 DECISIONS', OF NATIONAL LABOR RELATIONS BOARD 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 hot work during said pay-roll period because they Wei•e 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 Retail and Whole- sale Shoe Employees Union, or by United Retail, Wholesale and De- partment Store Employees of America, C. I. 0., for the purposes of collective bargaining, or by neither.