Milius Shoe Co.

In the Matter Of MILIUS SHOE COMPANY and UNITED SHOE WORKERS OF AMERICA, C. I. O. Case No. 14-R-1088.-Decided January 15, 1945 Messrs. Salkey d Jones, by Mr. Sam Elson, of St. Louis, Mo., for the Company. Mr. Julius Crane, of St. Louis, Mo., for the C. I. O. Mr. Ben Berk, of St. Louis, Mo., for the A. F. L. 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, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Milius Shoe Company, Festus, Missouri, herein called the C mpa ny, the National Labor Relations Board provided for an appropriate hear- ing upon due notice before Hugh D. McNew, Trial Examiner. Said hearing was held at St. Louis, Missouri, on December 14, 1944. The Company, the C. I. 0., and Boot & Shoe Workers Union, Local No. 665, A. F. L., herein called the A. F. L., appeared and participated. 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 af- forded 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 Milius Shoe Company, a Missouri corporation, is engaged in the manufacture of ladies' novelty shoes and operates three plants in the United States. The plant involved in this proceeding is located at 60 N. L R. B., No. 9. 52 MILIUS SHOE COMPANY 53 'Festus, Missouri. During the year 1943, the Company purchased leather, cloth, wood, steel, and plastic valued in excess of $200,000, of which approximately 90 percent was shipped to its Festus plant from points outside the State of Missouri. During the same period, the Company manufactured products ' valued in excess of $1,000,000, of which approximately 50 percent was shipped from its plant to points outside the State. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS 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. Boot & Shoe Workers Union, Local No. 665, affiliated with the American Federation .of Labor, is a labor organization admitting to membership employees of the Company. III. TH,i: QUESTION CONCERNING REPRESENTATION On March 10, 1944, the Company and the A. F. L. entered into a collective bargaining contract which expired on November 15, 1944. On September 6, 1944, the C. I. O. notified the Company that it rep- resented a majority of the employees, and requested recognition as the exclusive bargaining representative. The Company, on September 11, 1944, advised the C. I. O. that it refused to grant such recognition because of its then existing contract with the A. F. L. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the C. I. O. represents a substantial number of em- ployees in the unit hereinafter found 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. IV. THE APPROPRIATE UNIT The C. I. O. and the A. F. L. contend that a plant-wide unit of the Company's production and maintenance employees is appropriate ' The Board agent reported that the C . I. O. submitted 132 authorization cards, 9 of which were duplicates , that the names of persons appearing on 123 of the cards were listed on the Company 's pay roll dated November 20, 1944, which contained the names of 268 employees in the appropriate unit , and that 49 of the 123 cards were dated between August and September 1944, the remaining 74 being dated between October and November 1944 At the hearing, the Tiial Examiner reserved ruling upon the A. F. L's motion to dis- miss the petition on the ground that the C . 1. O. had not made a sufficient showing of interest in the proceeding. We hereby deny the motion. The A. F. L. relies on its recently expired contract for its interest in the proceeding. 54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD for collective bargaining, whereas the Company would confine the unit to production employees only. The parties agreed that the ship- ping clerk, the head maintenance man, office, clerical, and supervisory employees should be excluded from the appropriate unit. However, the parties are in dispute as to janitors and watchmen. The C. I. O. would include them; the A. F. L. would include janitors, but exclude watchmen; and the Company would exclude janitors and watchmen. Janitors: At present, the Company employs one janitor who in ad- dition to his janitorial duties tends the plant boiler and supplies the various departments with rubber cement used in the manufacturing processes. We shall include him. Watchmen: These employees do not carry arms, and are neither - militarized nor deputized. In addition to policing the Company's property, the watchmen also perform general janitorial duties. We shall include the watchmen. - We find that all production and maintenance employees of the Com- pany, including janitors and watchmen, but excluding the shipping clerk, head maintenance man, clerical, office and all supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recom- mend such action, constitute a unit appropriate-for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act 2 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 Milius Shoe Com- pany; Festus, Missouri, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date 2 With exception of the watchmen , discussed above, this unit is substantially the same as that covered by the prior contract between the Company and the A. F. L. - MILIUS SHOE COMPANY 55 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 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 not work during, the 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 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 they desire to be, represented by United Shoe Workers of America, C. 1. 0., or by Boot & Shoe Workers Union, Local No. 665, A. F. L., for the purposes of collective bargaining, or by neither.