Brown Shoe Co., Inc.

In the Matter of BROWN SHOE COMPANY, INC., EMPLOYER and UNITED SHOE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, PETITIONER Case No. 15-R-1907.-Decided February 13,1947 Messrs. H. F. Willhite, William Kant, and J. G. Alexander, all of St. Louis, Mo., and Mr. F. Al. Lauder, of Pocahontas, Ark., for the Employer. Messrs. John Wiggs and L. R. Hoover, both of Jonesboro, Ark., for the Petitioner. Mr. Arthur Christopher, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Poca- hontas, Arkansas, on October 7, 1946, before T. Lory Whittaker, hear- ing officer. The hearing officer's rulings made at the hearing are free from, prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Brown Shoe Company, Inc., a New York corporation with its prin- cipal office and place of business in St. Louis, Missouri, is engaged in the manufacture of shoes. In connection with its enterprise, the Employer operates 26 plants located in Missouri, Illinois, Tennessee, Indiana, and Arkansas. This proceeding is concerned only with the plant located at Pocahontas, Arkansas. During the 12-month period before the hearing, the Employer used at this plant raw materials worth more than $100,000, of which amount in excess of 51 percent represented shipments from sources outside the State of Arkansas. During the same period, the Pocahontas plant manufactured shoes valued in excess of $100,000, of which amount 51 percent represented shipments to points outside the State. 72 N. L. R. B., No. 116. 593 594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, substantially in accordance with the agreement of the parties, that all employees of the Employer's-Pocahontas, Arkansas, plant, including shipping clerks, the machinist, and the electrician, but excluding the stock clerk, record writer, first-aid nurse, stenographers, commissary clerks, miscellaneous clerks, instructors, foreladies, assist- ant foremen, foremen, the factory engineer, assistant superintendent, superintendent, office manager, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The Employer took the position at the hearing and in its brief that the holding of an election immediately after the date of the hear- ing would be premature, contending that it had not attained 50 percent of its anticipated full complement of employees in the appropriate unit and that its operations were not stabilized. The Employer also urged that any election which the Board might direct in this proceed- ing should be postponed for a period of 3 months after October 7, 1946, the date of the hearing, or until there are at least 300 production and maintenance employees. The record reveals that the Employer commenced operations at its Pocahontas plant during August 1945 with a complement of 20 em- ployees. The staff was increased to approximately 225 employees on September 29,1946, at which time the plant was moved to more spacious BROWN SHOE COMPANY, INC. 595 quarters. At the time of the hearing, about a week later, the number had increased to 257 employees. The Employer anticipates a full complement of approximately 600 production and maintenance em- ployees by May or June 1947. The record further discloses that the contemplated expansion of the Employer's working force would de- pend upon the Employer's ability to obtain additional shoe manu- facturing machinery and an adequate supply of leather, both of which items were critically "short"' at the time of the hearing. However, despite the speculation of the Employer that sometime in the 3 months following the hearing it might have to reduce temporarily its working hours and possibly its staff of employees because of these shortages, the Employer estimated it would produce 50 percent of its anticipated peak daily production of 4,000 pairs of shoes later in that period. It thus appears that the Employer expected the attainment of 50 percent of its anticipated full complement of employees in the appro- priate unit by about January 7, 1947. As this date has passed, we see no reason to withhold direction of an immediate election. We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Brown Shoe Company, Inc., Pocahontas, Arkansas, 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 Fifteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regula- tions-Series 4, 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 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 purposes of collective bargaining.