Southern Shoe Manufacturing Co., Inc.

In the Matter of SOUTHERN SHOE MANUFACTURING COMPANY, INC. and UNITED SHOE WORKERS OF AMERICA, CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. 5-R-1699.-Decided November 1, 1944 Mr. David W. Bryon, of Hagerstown, Md., for the Company. Mr. Robert J. Brylke, of Hagerstown, Md., for the Union. Mr. Jack Mantel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed-;by United Shoe Workers of America, Congress of Industrial Organizations, herein called the Union, al- leging that a question affecting commerce had arisen concerning the representation of employees of Southern Shoe Manufacturing Com- pany, Inc., Hagerstown, Maryland, herein called the Company, the National Labor Relations Board provided for an appropriate hear- ing upon due notice before George L. Weasler, Trial Examiner. Said hearing was held at Hagerstown, Maryland, on October 6, 1944. The Company and the Union appeared and participated. All parties were afforded full oportunity 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 er- ror and are hereby affirmed. At the close of the hearing, the Com- pany moved to dismiss the petition because of the nature of its pres- ent operations. The Trial Examiner referred the motion ,to the 'Board. For the reason hereinafter set forth, the motion is hereby denied. 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 1. THE BUSINESS OF THE COMPANY Southern Shoe Manufacturing Company, Inc., a Maryland corpo- ration, is engaged in the manufacture and sale of men's, women's and 59 N. L. R. B., No. 2. 4 SOUTHERN SHOE MANUFACTURING COMPANY, INC. 5 children's shoes, at its sole plant located at Hagerstown, Maryland. For the year ending June 1944, the Company purchased raw mate- rials consisting of leather, canvas, and rubber, valued in excess of $225,212, 90 percent of which was shipped to its plant from points outside the State of Maryland. During the same period, the Com- pany manufactured and sold finished products valued at $404,000, 90 percent of which was shipped to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Shoe Workers of America affiliated with the Congress of Industrial Organizations, is a labor organization admitting to mem- bership 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 its employees until the Union has been certified by the Board in an appropriate unit. The Company maintains in support of its motion to dismiss the petition, that it is unable to ascertain how long it will continue its present operations. In 1941, the Company employed approximately 400 employees, but since the advent of the war, its full complement of workers has been limited to about 80 employees. Inasmuch as it is extremely speculative whether the Company will increase its pro- duction, or might in the future go out of business, we see no reason to deprive the present employees of their right to choose a collective bargaining representative.' A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.2 We find that a question affecting commerce has arisen concerning the, represgntationn of employees of the Company,, within the mea; ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV.'THE APPROPRIATE UNIT We find, in substantial accord with the agreement of the parties, that all production and maintenance employees of the Company, in- cluding shipping clerks, but excluding office and clerical employees, timekeepers, foremen and foreladies, superintendents and all other 1 See Matter of Tri-State Garment Corporation, 51 N L. R. B. 1337 , of Matter of The Toledo Desk and Fixture Company, 57 N L R B 1294. 2 The Board agent reported that the Union presented 47 application-for-membership cards, and that there were 88 employees in the appropriate unit 0 6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD supervisory employees with authority to hire, promote, discharge, dis- cipline, 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 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 the em- ployees 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. 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 Rela- tions 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 Southern Shoe Manufacturing Company, Inc., Hagerstown, Maryland, 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 Fifth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found ap- propriate 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 em- ployees in the armed forces, of the United States who present them- selves in person at the polls, but excluding those employees 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 United Shoe Workers of America, affiliated with the Congress of Industrial Organizations, for the pur= poses of collective bargaining. MR. JOHN M. HousTON took no part in the consideration of the above Decision and Direction of Election. 0