Chris Laganas Shoe Co.

In the Matter of CHRIS LAGANAS SHOE CO. and UNITED SHOE WORKERS OF AMERICA, JOINT COUNCIL No. 15 (CIO) In the Matter of CHRIS LAGANAS SHOE Co,, and, ASSOCIATED -SHOE WORKERS, INC. Cases Nos. R-1337 and R-1838, respectively. Decided June 6, 1940 Shoe Manufacturing Industry-Investigation of Representatives : controversy concerning representation of employees : rival organizations ; employer refuses to recognize petitioning unions until certification by Board-Unit Appropriate for Collective Bargaining: stipulated : all employees of the Company, excluding foremen, assistant foremen, officers , watchmen, mechanics engaged in construc- tion and repair work on machines , and all other factory help not engaged in the routine operations or processes of shoe manufacture-Election Ordered Mr. Benjamin E. Gordon and Mr. Edward Schneider, for the Board. Mr. George C. Eliades, of Lowell, Mass., for the Company. Grant c0 Angoff, by Mr. Sidney S. Grant, of Boston, Mass., for the United. Mr. Nicholas C. Contakos, of Lowell, Mass., for the Associated. Miss Ann Landy, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 19, 1940, United Shoe Workers of America, Joint Council No. 15 (C. I. 0.), herein called the United, filed with the Regional Director for the First Region (Boston, Massachusetts) a petition, and on March 28, 1940, an amended petition. On March 7, 1940, Associated Shoe Workers, Inc., herein called the Associated, filed with the Regional Director a petition, and on March 26, 1940, an amended petition. Each of the petitions alleged that a question affecting commerce had arisen concerning the representation of em- ployees of Chris Laganas Shoe Co., Lowell, Massachusetts, herein called the Company, and requested an -investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. 24 N. L. R. B., No. 38 422 - CHRIS LAGANAS SHOE COMPANY 423 On April 30, 1940, 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, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and further ordered, pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, that the cases be consolidated. On May 7, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the United, and the Associated. On May 9, 1940, the Regional Director issued a notice of postponement of hearing, copies of which were served upon the same parties. Pursuant to the notice of hearing and notice of postponement, a hearing was held on May 14 and 15, 1940, at Lowell, Massachusetts, before Guy Van Schaick, the Trial Examiner duly designated by the Board. The Board, the Company, the United, and the Associated were represented by counsel, participated in the hearing, and were afforded full opportunity to be heard, to examine and -cross-examine witnesses, and to introduce evidence bearing upon the issues. 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 Ex- aminer 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 1. THE BUSINESS OF THE COMPANY Chris Laganas Shoe Company, a Massachusetts corporation, with its principal office and place of business located in Lowell, Massa- chusetts, is engaged in the manufacture, sale, and distribution of shoes. Approximately 15 per cent of the raw materials annually used in the manufacture of the Company's products are transported into Massachusetts from other States. The Company manufactures approximately 350,000 pairs of shoes annually, of which it ships approximately 60 per cent into States other than Massachusetts. The Company admits that it is engaged in interstate commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED United Shoe Workers of America is a labor organization affiliated with the Congress of Industrial Organizations. It admits to mem- bership employees of the Company. Associated Shoe Workers, Inc., is an independent labor organiza- tion admitting to membership employees of the Company. 424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The United and the Associated each claim to be the sole repre- sentative of the employees of the Company in the appropriate unit found in Section V below. The Company has refused to deal with either labor organization for the purposes of collective bargaining until one of them is certified by the Board. 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 Company, the United, and the Associated stipulated at the hearing, and we find, that all employees of the Company, excluding foremen, assistant foremen, officers, watchmen, mechanics engaging in construction and repair work on machines, salesmen, and all other factory help not engaged in the routine operations or processes of shoe manufacture, constitute a unit appropriate for the purposes of collective bargaining. VI. THE DETERMINATION OF REPRESENTATIVES The United and the Company made three successive collective bargaining agreements covering 1937, 1938, and 1939, respectively. At the time of the hearing the third of these, a closed-shop agree- ment, had not been renewed. The United, as has been stated, claims that it still represents a majority of the employees of the Company in the appropriate unit. The Associated, which also claims to rep- resent a majority of such employees, introduced documentary evi- dence in support of its claim. We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The em- ployees of the Company within the appropriate unit who were em- ployed by the Company during the pay-roll period immediately preceding the date of our Direction of Election herein, including those employees who did not work during such pay-roll period be- cause they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding those who have CHRIS LAGANAS SHOE COMPANY 425 since quit or been discharged for cause, shall be eligible to vote in this election. 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 Chris Laganas Shoe Co., Lowell, Massa- chusetts, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company, except foremen, assistant fore- men, officers, watchmen, mechanics engaging in construction and repair work on machines, salesmen, and all other, factory help not engaged in the routine operations or processes of shoe manufacture, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9 (b) of the 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 Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of the National Labor Relations Board Rules and Regulations- Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Chris Laganas Shoe Co., Lowell, Massachusetts, 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 of Election, under the direction and supervision of the Regional Di- rector for the First 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 employees of the Company who were employed during the pay-roll period immediately preced- ing the date of this Direction of Election, including those employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding foremen, assistant foremen, officers, watchmen, mechanics engaging in construction and repair work on machines, salesmen, all other factory help not engaged in the routine operations or processes of shoe manufacture, and any who have since quit or been discharged for cause, to determine whether said employees desire to be represented by United Shoe Workers of America, Joint Council No. 15 (C. I. 0.), or Associated Shoe Work- ers, Inc., for the purposes of collective bargaining, or by neither. 426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD [SAME TITLE AMENDMENT TO DIRECTION OF ELECTION June 1 7,1940 On June 6, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above- entitled proceeding. The Direction of Election directed that an election by secret ballot be conducted as early as possible but not later than thirty ( 30) days from the date of the Direction among all em- ployees of Chris Laganas Shoe Co. who were employed during the pay- roll period immediately preceding the date of the Direction, including those employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or who have since been temporarily laid off, excluding foremen, assistant foremen, officers, watchmen , mechanics engaged in construction and repair work on machines, salesmen, all other factory help not engaged in the routine operations or processes of shoe manufacture, and any who have since quit or been discharged for cause, to determine whether they wish to be represented by United Shoe Workers of America, Joint Council No. 15 (C. I. 0.) or Associated Shoe Workers, Inc., for the purposes of collective bargaining, or by neither. The Board, having been advised that United Shoe Workers of America, Joint Council No. 15 (C. I. 0.) does not desire its name to appear upon this ballot, hereby amends the Direction of Election by striking therefrom the words "to determine whether said employees desire to be represented by United Shoe Workers of America, Joint Council No. 15 (C. I. 0.) or Associated Shoe Workers, Inc., for the purposes of collective bargaining, or by neither" and substituting therefor the words "to determine whether or not said employees desire to be represented by Associated Shoe Workers, Inc., for the purposes of collective bargaining." 24 N. L. R. B., No. 38a.