Selby Shoe Co.

In the Matter of SELBY SHOE COMPANY, PORTSMOUTH , - OHIO and PORTSMOUTH PRINTING PRESSMEN & ASSISTANTS' UNION No. 296 OF THE I. P. P. & A. U. OF N. A. In the Matter Of SELBY SHOE CO., PORTSMOUTH , O. and UNITED SHOE WORKERS OF AMERICA-LOCAL 117 Cases Nos. R-1418 and R-1419, respectively Election Ordered: run-off. SUPPLEMENTAL DECISION, CERTIFICATION OF REPRE- SENTATIVES, SECOND DIRECTION OF ELECTION, AND ORDER October 26, 1939 On September 19, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections 1 in the above-entitled case. The Direction of Election provided that, as part of the investiga- tion authorized by the Board 'to ascertain representatives for collec- tive bargaining with Selby Shoe Company, Portsmouth, Ohio, elec- tions by secret ballots should be conducted within twenty (20) days among the employees within the groups described below who were employed by the Company during the pay-roll period next preceding the date of the Decision and Direction of Elections, including em- ployees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or had since been temporarily laid off, but excluding those who had since quit or been discharged for cause : (a) The pressmen to determine- whether or not they desire to be represented by Portsmouth Printing Pressmen and Assistants' Union No. 296 of the International Printing Pressmen and Assistants' Union of North America, affiliated with the A. F. of L.; (by The bookbinders and bindery workers to determine whether or not they desire to be represented by International Brotherhood of Bookbinders, affiliated with the A. F. of L.; (c) The printers and typesetters to determine whether or not they desire to be represented by Portsmouth Typographical Union, Local No. 637, affiliated with the A. F. of L.; 115 N. L. R. B. 489. 16 N. L. R. B., No. 49. 247383-40-vol. 16-31 471 472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (d) The production and maintenance employees and workers on component parts, including specifically, but not exclusively, porters, matrons, pattern makers, and press-feeder girls, but excluding super- visory and office employees, floor. help, watchmen, nurses, pressmen, printers, typesetters, bookbinders, and bindery workers to determine. whether they desire to be represented. by United. Shoe Workers of America-Local 117, affiliated with the C. I. 0., or by the Boot and Shoe Workers Union, Local 385 and 637, affiliated with the A. F. of L., for the purpose of collective bargaining, or by neither. Pursuant to the Direction of Elections, elections by secret ballot were conducted on October 3, 1939, at Portsmouth, Ohio, under the direction and supervision of the Regional Director for the Ninth Region (Cin- cinnati, Ohio). On October 7, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties his Election Report. No Objections to the conduct of the ballot or to the Election Report have been filed by any of the parties in respect to the elections held among the bookbinders and bindery workers, printers and typesetters, and the general plant unit. As to the balloting and its results, the Regional Director reported as follows : J. PRESSMEN Number of alleged eligible voters-------------------------- 4 Number of ballots placed in ballot box---------------------- 4 Number of unchallenged ballots for Portsmouth Printing Press- men and Assistants' Union No. 296 of the I. P. P. & A. U. of N. A., A. F. L------------------------------------------- 1 Number of unchallenged ballots against Portsmouth Printing Pressmen and Assistants' Union of I. P. P. & A. U. of N. A., A. F. L------------------------------------------------- 2. Number of challenged ballots------------------------------- 1 Number of blank ballots----------------------------------- 0 Number of spoiled ballots---------------------------------- 0, II. BOOKBINDERS AND BINDERY WORKERS Number of alleged eligible voters---------------------------- a Number of ballots placed in ballot box---------------------- 5. Number of unchallenged ballots, for International Brother- hood of Bookbinders, affiliated with A. F. L-------------- 3 Number of unchallenged ballots against International Brother- hood of Bookbinders, affiliated with A. F. L---------------- 2' Number of challenged ballots------------------------------- 0' Number of blank ballots---------------------------------- 0 Number of spoiled ballots--------------------------------- 0 III. PRINTERS AND TYPESETTERS Number of alleged eligible voters --------------- _----------- 3 Number of ballots placed in ballot box----------------------- 3 SHELBY SHOE COMPANY 473 Number of unchallenged ballots for Portsmouth Typographical Union, Local No. 637, affiliated with A. F. L________________ - 3 Number of unchallenged ballots against. Portsmouth Typo- graphical Union, Local No. 637, affiliated with A. F. L_____ 0 Number of challenged ballots_______________________________ 0 Number of blank ballots__________________________________ 0 Number of spoiled ballots__________________________________ 0 IV. THE GENERAL PLANT UNIT Number of alleged eligible voters-------------------------- 2,745 Number of ballots placed in ballot bog______________________ 2, 508 Number of unchallenged ballots for United Shoe Workers of America, Local 117, affiliated with C. I. 0________________ 1, 205 Number of unchallenged ballots for Boot and Shoe Workers Union, Local 385 and 637, affiliated with A. F. L----------- 751 Number of unchallenged ballots for neither------------------ 498 Number of challenged ballots_____________________________ 44 Number of blank ballots___________________________________ 9 Number of spoiled ballots------------------------- ------ 1 The Pressmen In view. of the fact that the challenged vote could not alter. •the result of the election among the pressmen, the Regional Director recommended in his Election Report that the proceeding be dismissed in so far as it pertained to the pressmen without determining the issue raised by the challenge. The International Printing Pressmen and Assistants' Union, herein called the International, filed Objec- tions to the Election Report on the ground that the recommendation denied the challenged voter the right to vote. On October 17, 1939, the Regional Director issued his Report on Objections in which he concluded that the objections raised by the International were with- out merit. As pointed out in the Regional Director's Report on Ob- jections, the result of the election may be determined without deciding the issue raised by the challenge. The Objections of the Interna- tional are, accordingly, overruled. The General Plant Unit The results of the election held in the general plant unit show that a majority of all those voting at the election have indicated a desire to bargain collectively with the Company, but that neither' of the competing labor organizations have received a majority of than votes cast. The Regional Director states in his Election Report that the United Shoe Workers of America-Local 117, which received. the greater number of unchallenged votes in the election, has submitted a request for a run-off election. We find that the question concern= ing representation which has arisen can best be resolved by the hold- 474 DECISIONS OF NATIONAL LA13OR RELATIONS BOARD ing of a run-off election in which the employees in the general plant unit will be given the opportunity to decide whether or not they desire to be represented by United Shoe Workers of America-Local 117, affiliated with the Congress of Industrial Organizations. CERTIFICATION OF REPRESENTATIVES 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2,.. IT IS HEREBY CERTIFIED that International Brotherhood of Book- binders has been designated by a majority of the bookbinders and bindery workers employed by Selby Shoe Company, Portsmouth, Ohio,, as their representative for the purposes of collective bargain- ing, and that pursuant to the provisions of Section 9 (a) of, the Na- tional Labor Relations Act, International Brotherhood, of Book- binders 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. IT IS HEREBY CERTIFIED that Portsmouth Typographical Union, Local No. 637, has been designated by a majority of the printers and typesetters employed by Selby Shoe Company, Portsmouth, Ohio, as their representative for the purposes of -collective bargaining, and -that pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Portsmouth Typographical Union, Local No. 637, 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. 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, 49 Stat. 449, 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 ordered by the Board to determine representatives for the purposes of collective bar- gaining with Selby Shoe Company, Portsmouth, Ohio, an elec= tion by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Elec- tion, under the direction and supervision of the Regional Director for the Ninth Region, acting in this matter as an agent of the Na- tional Labor Relations Board among all production and maintenance employees and workers on component parts who were eligible to vote SHELBY SHOE COMPANY 475 in the election of October 3, 1939, including specifically, but not ex- clusively, porters, matrons, pattern makers, and press-feeder girls, but excluding supervisory and office employees, floor help, watchmen, nurses, pressmen, printers, typesetters, bookbinders, and bindery workers, and those 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 117, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. ORDER IT Is HEREBY ORDERED that the petition filed by Portsmouth Printing Pressmen and Assistants' Union No. 296 of the I. P. P. & A. U. of N. A., be, and it hereby is, dismissed, in so far as it relates to the pressmen employed by the Company. MR. WILLIAM M. LEisERSON , dissenting in part : For reasons stated in my dissenting opinion in Matter of Coos Bay Lumber Comapany,2 I would not order a run-off election. 2Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union, Local No. 25733, 16 N. L. R. B. 476.