Endicott Johnson Corp.

In the Matter of ENDICOTT JOHNSON CORPORATION and BOOT & SHOE. WORKERS UNION, LOCAL 42, A. F. OF L. Cases Nos. R-1574 to R.-1 75, inclusive.-Decided November 04, 1939 Shoe Manufacturing Industry-Investigation of Representatives: controversy concerning representation of employees: controversy concerning appropriate unit-Unit Appropriate for Collective Bargainzi.ng: all workers engaged in gen- eral production in all plants of the Company, including mechanical workers, employees in the power plants, chemical-production workers, employees in the rubber products, fire prevention, garage and transportation, printing, and car- ton departments, employees in the restaurants and diners, laundry workers, "auxiliary help in the factories directly connected with production including' those engaged in production but who are detailed to pay off," but excluding the clerical and office force, superintendents, foremen, assistant foremen , employees engaged in the water works, office supply, and public-markets departments, and those engaged exclusively in parks and playgrounds, adverti sing, realty, ath- letics, recreation , and medical departments-Election Ordered Mr. Peter J. Crotty, for the Board. Mr. William H. Pritchard and Mr. Howard A. Swartwood, of Endicott, N. Y., and Mr. John C. Burton, of New York City, for the Company. Mr. Joseph A. Padway, by Mr. Henry Kaiser, of Washington, D. C., for Local 42. Mr. Harry Sacher, of New York City, for the United. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTiION STATEMENT OF THE CASE On November 7, 1938, March 6 and April 5, 1939, Boot & Shoe Workers Union, Local 42, herein called Local 42, filed with the Regional Director for the Third Region (Buffalo, New York) sepa- rate petitions alleging that questions affecting commerce had arisen concerning the representation of employees of Endicott Johnson Corporation, Village of Endicott, New York, herein called the Com- pany, and requesting investigations and certifications of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 17 N. L. R. B., No. 96. 1004 ENDICOTT JOHNSON CORPORATION 1005, 49 Stat. 449, herein called the Act . On June 1, 1939 , the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, and Article III,. Section 10 (c) (2 ), of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation in each: case and authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing upon due notice , and further ordered that the cases be consolidated for purposes of hearing, and that one record of the hearing be made. On June 9, 1939, the Regional Director issued a notice of hearing,, copies of which were duly served upon the Company , upon Local 42, upon United Shoe Workers of America, herein called the United,, a labor organization claiming to represent employees directly affected by the investigation , and upon Endicott Maintenance Workers of Endicott Johnson Corporation ., Pursuant to the notice, as amended,. a hearing was held on October 23 , 1939, at Binghamton , New York, before Peter F. Ward, the Trial Examiner duly designated by the Board. The Board , the Company , Local 42, and the United were, represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties.. At the commencement of the hearing , the United filed a motion toy intervene in the proceedings . The motion was granted . At that time, Local 42 moved to withdraw all its petitions except the one filed in Case No. R-1574 and moved to amend that petition . The Trial Ex- aminer, however, reserved ruling thereon . The motions are hereby granted. During the course of the hearing the Trial Examiner made- several rulings on other motions and on objections to the admission of evidence. The Board has reviewed all the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Endicott Johnson Corporation, a New York corporation having its principal office and place of business in the Village of Endicott, New York, is engaged in the production and manufacture of leather, can- vas, and rubber shoes and other types of footwear in factories and tanneries located in the City of Binghamton and the Villages of Johnson City, Endicott, and Owego, New York. The Company is The status of this organization is unknown . It did not appear at the hearing. -1006 DECISIONS OF NATIONAL LABOR RELATIONS BOARD also engaged in the sale and distribution of such footwear through sales branches located in the principal cities of the United States. Raw materials valued at approximately $21,500,000 were used in the manufacturing processes carried on at the Company's plants dur- ing its fiscal year ending November 30, 1938. Approximately 60 -per cent of such raw materials originated in States other than the :State of New York, and in foreign countries. The Company sold goods valued at approximately $52,000,000 during its fiscal year end- ing November 30, 1938. Approximately 86 per cent of the finished products sold by the Company were shipped to points outside the 'State of New York. The Company employs approximately-18,000 persons at its various plants. It admits the jurisdiction of the Board. H. THE ORGANIZATIONS INVOLVED Boot & Shoe Workers Union, Local 42, is a labor organization affili- ated with the American Federation of Labor. It admits to member ship all employees of the Company, excluding superintendents, -foremen, and clerical employees. United Shoe Workers of America is a labor organization affili- ated with the Congress of Industrial Organizations. It admits to membership the same classes of employees of the Company as Local 42. III. THE QUESTION CONCERNING REPRESENTATION In the latter part of 1938 and the early part of 1939 Local 42 re- quested the Company to bargain with it as exclusive representative .of the employees of the Company. The Company refused Local 42's - request upon the ground that the unit claimed by Local 42 was not appropriate. 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 The parties agreed at the hearing that the appropriate unit should -consist of all workers engaged in general production in all plants ENDICOTT JOHNSON CORPORATION 1007- of the Company, including mechanical workers, employees in the power plants, chemical production workers, employees in the rubber products, fire prevention, garage and transportation, printing,2 and carton departments, employees in the restaurants and diners, laundry workers, "auxiliary help in the factories directly connected with. production including those engaged in production but who are de-- tailed to pay off," and such additional employees as the parties shall agree upon within 15 days after the close of the hearing,3 but exclud- ing the clerical and office force, superintendents, foremen, assistant. foremen, employees engaged in the water works, office supply, and public-markets departments, and those engaged exclusively in parks. and playgrounds, advertising, realty, athletics, recreation, and medi- cal departments. We see no reason to deviate from the desires of the parties. We find that all workers engaged in general production in all plants of the Company, including mechanical workers, employees in the power plants, chemical-production workers, employees in the rubber products, fire prevention, garage and transportation, printing,. and carton departments, employees in the restaurants and diners,, laundry workers, "auxiliary help in the factories directly connected with production including those engaged in production but who are detailed to pay off," but excluding the clerical and office force, super- intendents, foremen, assistant foremen, employees engaged in the water works, office supply, and public-markets departments, and those engaged exclusively in parks and playgrounds, advertising, realty,. athletics, recreation, and medical departments, constitute a unit ap- propriate for the purpose 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 Although Local 42 and the United claimed substantial membership. among the employees of the Company, no evidence was introduced' at the hearing upon the basis of which a finding could be made that a majority of the employees in the unit found to be appropriate have- selected one union rather than the other. We therefore find that an election by secret ballot is necessary to resolve the question concern- ing representation. 2 We interpret "employees in the printing department" to include all the employees in- that department who are employees of the Company. s The parties did not agree to any further inclusions within 15 days after the close of the hearing. On November 1, 1939, the Company submitted to the Board a list of desired! inclusions. Local 42 opposed the inclusions desired by the Company. The Company there-- upon withdrew its list. 1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The United contends that the election should be deferred until the effects of the unfair labor practices described in the Board's Decision ,and Order of September 2, 1939, are dissipated.4 Counsel for the United made an offer of proof in support of this contention. The Company's unfair labor practices were directed against the, activities of Local 42 which filed the charges in that case, is the petitioning union herein, and seeks an immediate election. The offer of proof in no manner particularizes the respects in which the interests of the United will be prejudiced by an election at this time. The Trial Examiner rejected the offer of proof and we sustain his ruling. The Company introduced in evidence its pay roll dated September 30, 1939. This pay roll contains the names of some 18,000 employees of the Company who have worked during 1939 and have not vol- untarily quit or been discharged for cause. The Company urges the use of this pay roll to determine eligibility to participate in the election. Local 42 and the United did not object to this pay roll. . We will direct that the employees eligible to vote in the elec- tion will be those employees in the appropriate unit whose names i.ppear on the September 30, 1939, pay roll, including employees who have been hired on a permanent basis between that date and the date of the Direction of Election herein, employees who did not work during such pay-roll period because they were ill or on vaca- tion, and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause. In view of the large number of employees eligible to participate in the election, the Regional Director is hereby authorized in his -discretion to utilize voting machines in the conduct of the election and to have present at the polls such representatives of the Company :as he may deem necessary for the proper identification of employees. 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 rep- Tesentation of employees of Endicott Johnson Corporation, at its factories and tanneries in the City of Binghamton, and the Villages of Owego, Endicott, and Johnson City, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 4 Matter of Endicott Johnson Corporation, Triple Cities Civic and Workers Committee, George It . Roberts, Charles F. Murphy and Boot & Shoe Workers Union Local lti2, 15 N. L. R. B. 77. ENDICOTT JOHNSON CORPORATION 1009 '2. All workers engaged in general production in all plants of the .Compa.ny, including mechanical workers, employees in the power plants, chemical-production workers, employees in the rubber prod- ucts, fire prevention, garage and transportation, printing, and carton •departments, employees in the restaurants and diners, laundry workers, "auxiliary help in the factories directly connected with production including those engaged in production but who are detailed to pay off," but excluding the clerical and office force, super- intendents, foremen, assistant foremen, employees engaged in the water works, office supply, and public-markets departments, and those engaged exclusively in parks and playgrounds, advertising, .realty, athletics, recreation, and medical departments, 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 Rela- tions 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 collective bargain- ing with Endicott Johnson Corporation, Village of Endicott, New York, an election by secret ballot shall be conducted as early as possible but not later than sixty (60) days from the date of this Direction, under the direction and supervision of the Regional Direc- tor for the Third 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 employees of the Company engaged in general production in all plants including mechanical workers, employees in the power plants, chemical-pro- duction workers, employees in the rubber products, fire prevention, garage and transportation, printing, and carton departments, em- ployees in the restaurants and diners, laundry workers, "auxiliary help in the factories directly connected with production including those engaged in production but who are detailed to pay off," whose names appear on the pay roll of September 30, 1939, including em- ployees who did not work during such pay-roll period because they were ill or on vacation, employees who were then or have since been temporarily laid off, and employees who have since been hired permanently, but excluding the clerical and office force, superin- tendents, foremen, assistant foremen, employees engaged in the water works, office supply, and public-markets departments, and those en- 1010 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gaged exclusively in parks and playgrounds , advertising, realty, athletics, recreation, and medical departments , and employees who have since quit or been discharged for cause , to determine whether they desire to be represented by Boot & Shoe Workers Union, Local 42, affiliated with the American Federation of Labor, or by United Shoe Workers of America, affiliated with the Congress of Industrial Organizations , for the purposes of collective bargaining, or .by neither.