J. P. Smith Shoe Co.

In the Matter of J. P. SMITH SHOE COMPANY and UNITED SHOE WORKERS OF AMERICA, LOCAL 48, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. B-1179.-Decided February 23, 1939 Shoe Manufacturing Industry-Investigation of Representatives: controversy concerning representation of employees : rival unions ; refusal of Company to negotiate with either--Unit Appropriate for Collective Bargaining: stipulated; all production employees, exclusive of office, clerical, maintenance, and super- visory employees, executives, foremen, truck drivers, and salesmen-Election Ordered Mr. Stephen M. Reynolds, for the Board. Fyffe & Clarke, by Mr. John Harrington, of Chicago, Ill., for the Company. Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the United. Mr. Daniel D. Carmell, of Chicago, Ill., for the Boot and Shoe Workers. Mr. Gilbert V. Rosenberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 14, 1938, the United Shoe Workers of America, Local 48, affiliated with the Congress of Industrial Organizations, herein called the United, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition, and on December 21, 1938, an amended petition, alleging that a question affecting commerce had arisen concerning the representation of employees of J. P. Smith Shoe Company, Chicago, Illinois, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 3, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, ordered an 11 N. L. R. B., No. 51. 702 J. P. SMITH SHOE COMPANY ET AL. 703 investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On January 6, 1939, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the United, and Boot and Shoe Workers Union, affiliated with the American Federation of Labor, herein called the Boot and Shoe Workers, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice and a postponement, a hearing was held on January 13, 1939, at Chicago, Illinois, before J. J. Fitzpatrick, the Trial Examiner duly designated by the Board. The Board, the Company, the United, and the Boot and Shoe Work- ers were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing upon the issues was afforded all parties. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY J. P. Smith Shoe Company is an Illinois corporation, engaged at its plant in Chicago, Illinois, in the manufacture, sale, and distribu- tion of men and women's shoes. During the calendar year 1938, the Company purchased raw ma- terials, principally leather, valued at approximately $750,000, of which approximately 90 per cent were purchased at points outside the State of Illinois. During the same period the Company sold finished products valued at approximately $2,200,000, of which 85 per cent were shipped from the Company's plant to points outside the State of Illinois. The Company employs approximately 534 produc- tion workers. II. THE ORGANIZATIONS INVOLVED United Shoe Workers of America, Local 48, is a labor organiza- tion affiliated with the Congress of Industrial Organizations. Boot and Shoe Workers Union is a labor organization affiliated with the American Federation of Labor. Both organizations are industrial unions, admitting to member- ship all production employees of the Company, excluding office, cleri- cal, maintenance, and supervisory employees, executives, foremen, truck drivers, and salesmen. III. THE QUESTION CONCERNING REPRESENTATION Both the United and the Boot and Shoe Workers have substantial membership among the Company's production workers. On No- vember 10, 1938, the United requested the Company to recognize it 704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as the exclusive bargaining agent for the Company's production em- ployees, alleging it represented a majority of employees , and offering to exhibit membership cards to -support its contention . On or about the same date the Boot and Shoe Workers demanded that the Com- pany recognize it as the sole bargaining agent for the Company's production employees. The Company refused to recognize and bar- gain with either of the two organizations. We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing the United and the Boot and Shoe Workers stip- ulated, without objection by the Company, that all production em- ployees of the Company, exclusive of office, clerical, maintenance, and supervisory employees, executives, foremen, truck drivers, and salesmen, constitute an appropriate bargaining unit. We find that the production employees of the Company, exclusive of office, clerical, maintenance, and supervisory employees, execu- tives, foremen, truck drivers, and salesmen, constitute a unit appro- priate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing neither the United nor the Boot and Shoe Workers offered proof that it represented a majority of the Company's em- ployees. We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. At the hearing the United and the Boot and Shoe Workers agreed that all employees within the appropriate unit who were on the Com- pany's pay roll on September 15, 1938, or thereafter, excluding those hired subsequent to December 15, 1938, or who have quit or been dis- charged for cause, should be eligible to vote. They contended that September 15, 1938, represents the approximate peak of employment in the plant. The Company stated its preference that the pay roll J. P. SMITH SHOE COMPANY ET AL. 705 of January 5, 1939, be used to determine eligibility. It expressed uncertainty as to the-date of peak employment. We shall direct that all employees within the appropriate unit who were on the Company's pay roll at any time between September 15 and December 15, 1938, inclusive, excluding any who have quit or been discharged for cause, shall be eligible to vote. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of J. P. Smith Shoe Company, Chicago, Illi- nois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production employees of the Company, exclusive of office, clerical, maintenance, and supervisory employees, executives, fore- men, truck drivers, and salesmen, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with J. P. Smith Shoe Company, Chicago, Illinois, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all the produc- tion employees of J. P. Smith Shoe Company whose names appear on its pay roll at any time between September 15 and December 15, 1938, inclusive, excluding office, clerical, maintenance, and supervisory em- ployees, executives, foremen, truck drivers, and salesmen, and all em- ployees who have quit or been discharged for cause, to determine whether they desire to be represented by United Shoe Workers of America, Local 48, affiliated with the Congress of Industrial Or- ganizations, or by Boot and Shoe Workers Union, affiliated with the American Federation of Labor, for the purposes of collective bargain- ing, or by neither.