Farmington Shoe Manufacturing Co.

In the Matter of FARMINGTON SHOE MANUFACTURING COMPANY and UNITED SHOE WORKERS OF AMERICA, LOCAL 161A Case No. R-3806.-Decided May 21, 1942 Jurisdiction : shoe manufacturing industry. Investigation and Certification of Representatives : existence of question: re- quest that petitioner present definite proof of its membership claims; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance em- ployees, including watchmen and shippers, but excluding executives, super- visors, and clerical and office employees. Hughes d Burns by Mr. George 7'. Burns, of Dover, N. H., for the Company. Mr. Harry E. Jones, of Manchester, N. H., for the Union. Mr. Louis C, okin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by United Shoe Workers of America, Local 161A, herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Farmington Shoe Manufacturing Com- pany, Dover, New Hampshire, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert E. Greene, Trial 'Examiner. Said hearing was held at Dover, New Hampshire, on May 7, 1942. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to.examine and cross-examine witnesses, and to introduce, evidence bearing on the issues. The Trial Ex- aminer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 41 N. L. R. B, No. 37. ,, 169. 170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY .Farmington' Shoe Manufacturing Company is engaged in the manufacture of women's aiid men's shoes at Dover, New Hampshire. The Company sells products valued at about $1,500,000 annually, practically all of which is shipped out of New Hampshire. All raw materials used by the Company are shipped to it from outside New Hampshire. II. THE ORGANIZATION INVOLVED United Shoe Workers of America, Local 161A, is a labor organiza- tion affiliated with the Congress of Industrial Organizations, admit- ting to membership employees'of the Company. III. THE QUESTION CONCERNING REPRESENTATION During April 1942, the Union requested the Company to meet with it for collective bargaining purposes. The Company requested that the Union present definite proof of its membership claims. There- upon the Union filed the petition herein. A statement' of the Regional Director, introduced into evidence during the hearing, indicates that the Union-represents a substantial number 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 National Laboi Relations Act. IV. THE APPROPRIATE UNIT The Union urges that all production and maintenance employees of the Company, including watchmen and shippers, but excluding executives, supervisors, and clerical and office employees, constitute an appropriate unit. The Company stated that it had no objection to this unit. We find, that all production and maintenance employees. of the Com- pany, including watchmen and shippers, but excluding executives, supervisors, and clerical and office employees, constitute a unit appro priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 'The Regional Director reported that the Union presented 185 membership application cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of April 27, 1942. There are 311 employees on that pay roll. FARMINGTON SHOE MANUFACTURING COMPANY 171 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 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. 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 8, of 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 Farmington Shoe Manufacturing Company, Dover, New Hampshire, 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 First Re- gion, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regu- lations, 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 any such employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Shoe Workers of America, Local 161A, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. In the Matter of FARMINGTON SHOE MANUFACTURING COMPANY and UNITED SHOE WORKERS OF AMERICA, LOCAi; 161A Case No. B-3806 CERTIFICATION OF REPRESENTATIVES June 24, 1942 On May 21, 1942, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding." Pursuant to the Direction of Election, an election by secret ballot was conducted on June .10, 1942, under the direction and supervision of the Regional Director for the First Region (Boston, Massachu- setts), to determine whether or not specified employees desire to be represented by United Shoe Workers of America; Local 161A, affil- iated with the Congress of Industrial Organizations. On June 11, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote_____________________________ - 290 Total number of votes cast_______________________________ 262 Total number of valid votes -------------------- ---------- '260 Total number of ballots marked for "YES"________________ 217 Total number of ballots marked for "NO"_________________ 43 Total number of blank ballots_____________________________ 2 Total number of void ballots_____________________________ 0 Total number of challenged ballots____________________0 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that United Shoe Workers of America, Local 161A, affiliated with the Congress of Industrial Organizations, 141 N. L. R. B. 169. , 41 N. L. R. B., No. 37a. 172 -FARMINGTON SHOE MANUFACTURING COMPANY 173 has been designated and selected by a majority of all production and maintenance employees of Farmington Shoe Manufacturing Com- pany, Dover, 'New Hampshire, including watchmen and shippers, but excluding executives, supervisors, and clerical and office em- ployees, as their representative for the purposes of collective bargain- ing, and that, pursuant to Section 9 (a) of the Act, the United Shoe Workers of America, Local 161A, affiliated with the Congress of Industrial, Organizations is the exclusive representative of all such employees for , the purposes of collective bargaining in respect to rates of pay; wages,'hours of•,employment, and other. conditions of employment. _