International Shoe Co.

In the Matter Of INTERNATIONAL SHOE COMPANY and BOOT & SHOE WORKERS UNION, AFL Case No.14-R-1292.Decided January 21,1946 Messrs. Richard 0 . Ruiner and John C. Voohers, of St. Louis, Mo., for the Company. Messrs. Tom Cory, Edmund Koby, and Ray Palmer, of St. Louis, Mo., for the AFL. Messrs. Dave Wilson and Tom Grimm, of St. Louis, Mo., for the CIO. Margaret H. Patterson, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Boot & Shoe Workers Union, AFL, herein called the AFL, alleging that a question affecting commerce had arisen concerning the representation of employees of International Shoe Company, Hermann, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Ryburn L. Hackler, Trial Examiner. The hearing was held at St. Louis, Missouri, on November 1, 1945. The Company, the AFL, and United Shoe Workers of America, CIO, herein called the CIO, 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 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 OF TIIE COMPANY International Shoe Company is a Delaware corporation engaged in the manufacture and sale of shoes and leather. It operates plants '65 N. L R. B, No. 93. 560 INTERNATIONAL SHOE COMPANY 561 in numerous States, including the plant at Hermann, Missouri, with which we are here concerned. The Hermann Plant manufactures misses', children's and infants' stitchdown shoes. During the year 1945, the Company purchased raw materials 'valued in excess of $1,000,000, of which approximately 25 percent was shipped from points outside the State of Missouri. During the same period, the Company completed- products valued in excess of $750,000, a sub- stantial portion of which was shipped outside the State of Missouri. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Boot & Shoe Workers Union is a labor organization, affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. United Shoe Workers of America is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refussd to grant recognition to the AFL as the exclusive bargaining representative of certain of its employees until the AFL has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the AFL 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 We find, in substantial accordance with agreement of the parties, that all employees of the Company at its Hermann, Missouri, plant, excluding bonded watchmen, office and clerical employees, ticket mak- ers,2 superintendents, foremen, assistant foremen, and all other super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively 1 The Field Examiner reported that the AFL submitted 152 authorization cards, bearing the names of 140 employees, listed on the Company's pay roll of September 16, 1945; CIO submitted 154 authorization cards, bearing the names of 121 employees, listed on the Company's pay roll of September 16, 1945. There are approximately 405 employees in the appropriate unit. 2 The parties agree that the duties of ticker makers are essentially clerical and that they should therefore be excluded from the unit. 562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 REPRESENTATION We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among 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 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 International Shoe Company, Hermann, Missouri, 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 Fourteenth Region, acting in the matter as agent for the National Labor Relations Board, and subject to Article III; 'Sections 10 and 11, of said Rules and Regulations, among 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 they desire to be represented by Boot & Shoe Workers Union, affiliated with the American Federa- tion of Labor, or by United Shoe Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collec- tive bargaining, or by neither.