Princely Products, Inc.

In the-Matter of PRINCELY PRODUCTS, INC. and UNITED SHOE WORKERS OF AMERICA, C. I. O. Case No. R-1455.-Decided September 16, 1939 Shoe Manufacturing Industry-Investigation of Representatives : question concerning representation : company refused to recognize one of two competing unions as exclusive representative-Contracts : no bar to investigation because no proof of majority when contract was entered into, and contract is ambiguous as to duration-Unit Appropriate for Collective Bargaining : production em- ployees excluding supervisors, foremen, porters , office and clerical workers, shipping and receiving clerks, salesmen and executives , and machinists ; stipu- lation as to-Election Ordered Mr. Richard J. Hickey and Mr. Arthur C. O'Comior, for the Board. Illr. Julius Crane, of Binghamton , N. Y., and Mr. Anthony Seimeca, of New York City, for the United. Mr. Sidney S. Goldstein, of New York City, for the Company. Mr. James P. Corbett, of Cohoes, N. Y., for Local No. 21514., Mr. Edward Scheunaemann, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 29, 1939, United Shoe Workers of America, C. I. 0., herein called the United, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Princely Products, Inc., Cohoes, New York, herein called the Com- pany, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 4, 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 Relations Board Rules and Regulations-Series 2, ordered an inves- tigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 7, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the United, 15 N. L. R. B., No. 44. 438 PRINCELY PRODUCTS, INC. 439 and upon Boot and Shoe Workers Union, A. F. of L., a labor organi- zation claiming to represent employees directly affected by the inves- tigation. Pursuant to the notice, a hearing was held on August .21, 1939, at Cohoes, New York, before Whitley P.. McCoy, the Trial Examiner duly designated by the Board. American Federation of Labor, Local No. 21514, herein called Local No. 21514, another labor organization claiming to represent employees affected by the investi- gation, intervened at the hearing. Boot and Shoe Workers Union, A. F. of L., appeared at the hearing on behalf of Local No. 21514,'but not on its own behalf. The Board and the Company were represented by counsel, and the United and Local No. 21514, by their representa- tives; and all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses,. and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. During the hearing the Company and the A. F. of L. moved to dismiss the petition. That motion is hereby denied. Upon the entire record in the case, the Board makes the following : FINDINGS OF FAOT I. THE BUSINESS OF THE COMPANY Princely. Products,, Inc., is a New York corporation having its office and factory in Cohoes, New York. The Company is engaged in the manufacture and sale of house slippers and sandals, and has approximately 130 employees. During the first 6 months of 1939, the Company purchased raw materials of the value of $24,000, constituting 60 per cent of the raw materials used, outside of the State of New York. During the same period, about $50,000 of finished products, or 80 per cent, were sold outside the State of New York. The Company concedes that it is engaged in interstate commerce and is subject to the jurisdiction of the Board. II. THE ORGANIZATIONS INVOLVED United Shoe Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to its membership all of the production employees of the Company, ex- cluding supervisors, foremen, porters, office and clerical help, shipping and receiving clerks, salesmen and executives, and machinists. 440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD American Federation of Labor, Local No. 21514, is a labor organi- zation admitting to membership all of the production employees of the Company, excluding supervisors, foremen, porters, office and clerical help, shipping and receiving clerks, salesmen and executives, and machinists. III. THE QUESTION CONCERNING REPRESENTATION Both the United and Local No. 21514 began organizing campaigns among the employees of the Company about June 3, 1939. Both unions claimed to represent a majority prior to June 9, at which time a group of employees asked the vice president of the Company to refrain from signing a contract with either union until they had decided which one' they wanted. On June 10, the Company entered into a written sole bargaining contract' with Local No. 21514. The record presents no convincing proof that Local No. 21514 represented a majority of the employees at that time. It was given an oppor- tunity to introduce membership cards in evidence but declined to do so. Furthermore, the terms of the contract are capable of the con- struction that the contract was to expire August 10, 1939, and is no longer in effect. On June 12, 1939, the United requested that the Company bargain with it, and the Company refused because of the contract with Local No. 21514. A -strike was called June 12 and later settled by an agreement pursuant to which the Company bar- gained with a representative committee of employees until such time as an election would be held by the Board. We find that a question has arisen concerning representation of employees of the Company.' I1'. 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 The Company, the United, and Local No. 21514 agreed by stipu- lation that all the production employees of the Company, excluding 'All parties entered into a stipulation that a question had arisen concerning repre- sentation and requested an election. PRINCELY PRODUCTS, INC. 441 supervisors, foremen, porters, office and clerical workers, shipping and receiving clerks, salesmen and executives, and machinists, constitute ,an appropriate unit. We see no reason for deviating from this agreement. We accordingly find that all production employees of the Com- pany, excluding supervisors, foremen, porters, office and clerical workers, shipping and receiving clerks, salesmen, and executives, and machinists, constitute a unit appropriate for the purposes of collec- tive bargaining and that said unit will insure to employees of the Company the full benefits of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act.2 VI. THE DETERMINATION OF REPRESENTATIVES Although the United and Local No. 21514 each claims to represent a majority of the employees in the appropriate unit, neither union at the hearing presented convincing evidence that it had been desig- nated by a majority of such employees. Under the circumstances, the question concerning representation which has arisen will best be resolved in an, election by secret ballot. The parties stipulated their preference that th * e Company's pay roll for June 10, 1939, the pay roll preceding the strike, should be used in determining eligibility to vote in an election. Inasmuch as the strike has been settled and the strikers have returned to work, we are of the opinion that. a later eligibility date will better reflect the wishes of the Company's em- ployees at the time of the election. We shall accordingly direct that those employees of the Company in the appropriate unit who were employed during the pay-roll period last preceding the date of this Direction, excluding any who have since quit or been discharged for cause, shall be eligible to vote. It was agreed by stipulation that the United should appear on the ballot as United Shoe Workers of America, Joint Council No. 13, affiliated with the Congress of Industrial Organizations; and Local No. 21514 as American Federation of Labor, Local No. 21514.. We find no reason for denying effect to that stipulation. 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 represen- tation of employees of Princely Products, Inc., Cohoes, New York, z A question was raised at the hearing concerning the status of George Shahan. We find that he became a foreman on July 31, and is therefore excluded from the unit. 442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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, excluding super-, visors, foremen, porters, office and clerical help, shipping and receiv- ing clerks, salesmen and executives, and machinists, 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 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collec- tive bargaining with Princely Products, Inc., of Cohoes, New York, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction, under the direction and super- vision of the Regional Director for the Second 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 production employees of the Company who were employed during the pay-roll period last preceding the date of this Direction, includ- ing any who did not work during that period because they were ill or on vacation and any who were then or have since been temporarily laid off, but excluding supervisors, foremen, porters, office and cler- ical help, shipping and receiving clerks, salesmen and executives, and machinists, and any employees who have since quit or been dis- charged for cause, to determine whether they desire to be represented by United Shoe Workers of America, Joint Council No. 13, affili- ated with the Congress of Industrial Organizations, or by American Federation of Labor, Local No. 21514, or neither, for the purposes' of collective bargaining.