Irving Shoe Co.

In the matter Of IRVING SHOE' COMPANY and UNITED SHOE WORKERS OF AMERICA, LOCAL 48 Case No. R-1946.-Decided August. 9, 1940 Jurisdiction : shoe manufacturing industry. Investigation and Certification of' Representatives : existence of question: em- ployer refuses to recognize union; contract renewed after institution of pro- ceedings no bar to; election necessary. Discharged employees on behalf of whom 8 (3) charges are pending allowed to vote but their ballots will be impounded and not tabulated unless the' results of the election make it necessary to do so. In the latter event the question of whether such ballots should be counted a ill await the outcome of the unfair labor practice proceeding. . . Unit Appropriate for Collective Bargaining : production employees excluding firemen and shipping room, office, and clerical employees. Mr. Harold W. Schwartz, of Chicago, Ill., for the Company. Meyers d; Meyers; by Mr. Ben Meyers, of Chicago; Ill., for the United. Mr. D. D. Carmell, of Chicago, Ill., for Local 14. Mr: Louis Cokin, of counsel to the Board-. , ' DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 29, 1940, United Shoe Workers of America, Local 48, herein called the United, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Irving Shoe Company,' Chicago, Illinois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On June 25, 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. I The name of the Company was incorrectly designated in the formal papers as Irving Shoe Co. 26 N. L. R. B., No. 42. 468 IRVING SHOE COMPANY 469 On June 27, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the United, and upon Boot and Shoe Workers Union, Local No. 14, herein called Local 14, a labor organization claiming to represent employees di- rectly affected by the investigation. Pursuant to notice, a hearing was held on July 16, 1940, at Chicago, Illinois, before Robert R. Rissman, the Trial Examiner duly desig- nated by the Boaid. The Company, the United, and Local 14 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. 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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Irving Shoe Company is an Illinois corporation with its principal office and plant at Chicago, Illinois, where it is engaged in the manufac- ture, sale, and distribution of women's shoes. From April 1, 1939, to March 31, 1940, the Company purchased raw materials valued at approximately $106,000, all of which were shipped to it from points outside the State of Illinois. During this same period, the Company sold finished products valued at approximately $251,000, approxi- mately 86 per cent of which were shipped by it to points outside the State of Illinois. The Company employs approximately 100 employees. II. THE ORGANIZATIONS INVOLVED United Shoe Workers of America, Local 48, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership all production employees of the Company, excluding foremen and shipping-room, office, and clerical employees. Boot and Shoe Workers Union, Local No. 14, is a.labor organization affiliated with the America Federation of Labor. It admits to mem- bership the same classes of employees of the Company as the United. III. THE QUESTION CONCERNING REPRESENTATION On July 1 -and September 1, 1938, respectively, the Company an,d Local 14 executed a collective bargaining agreement and a supple- mental collective agreement. By their terms the Company agreed to recognize Local 14 as the exclusive representative of its employees, 323429-42-vol 2G-31 470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hire only members of Local 14, and discharge any employee "objec- tionable" to Local 14. These contracts were to remain in effect until July 1 and September 1, 1939, respectively, and thereafter from year to year, unless either party thereto by 30 and 90 days' notice respec- tively, prior to the expiration thereof, advised the other of a desire to change or terminate the contracts. During the week of April 15, 1940, the United informed the Com- pany that it claimed to represent a majority of the Company's em- ployees and requested the Company not to renew its contract with Local 14. The Company replied that it was willing to discuss the matter with the United If the United could prove that it represented a majority of the employees. On April 29, 1940, the United filed its petition herein. June 1, 1940, was the last day on which the Company or Local 14 could give the other the requisite notice for preventing the auto- matic renewal of their contracts. Neither party gave the required notice. Local 14 takes the view that there can be no question concerning representation during the life of the renewed contracts and the United insists that the contracts are no bar to an immediate election. We find no merit in the contention of Local 14. The petition herein was field prior to June 1, 1940, the date on which the parties to the contracts had to give notice of a desire to modify or terminate them. It is therefore clear that at the time of the renewal of the contracts the Company and Local 14 had knowledge that this proceeding was pending before the Board Under the circumstances we conclude that the contracts do not affect the determination of the issues herein.2 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 Local 14 agreed at the hearing that the appropriate unit should consist of all production employees of the Company, excluding foremen and shipping-room, office, and 2 See Matter of California Wool Scouring Company and Textile Workers Organizing Committee, 5 N. L. R. B. 782. IRVING SHOE COMPANY 471 clerical employees. We see no reason for departing from such unit. We find that all the production employees of the Company, exclud- ing foremen and shipping-room, office, and clerical employees, con- stitute a unit appropriate for the purposes of collective bargaining, and that such 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 We find that the question which has arisen concerning the represen- tation of employees of the Company can best be resolved by an election by secret ballot. The Company, the United, and Local 14 agreed that in the event that the Board directed an election, eligi- bility of employees to vote should be determined by the Company's pay roll immediately preceding the date of the Direction of Election.' There appears to be some question in the record whether Harry Helsten, Mary Helsten, Tom Mix, and Floyd Miner should be eligible to vote. They were all discharged by the Company in April 1940 pursuant to the Company's contract with Local 14 which provides for the discharge of employees "objectionable" to Local 14. The United thereafter filed charges with the Board on behalf of these discharged employees, alleging that they were discharged in violation of Section 8 (3) of the Act. These charges are pending at the present time. Under these circumstances, we will allow Harry Helsten, Mary Hel- sten, Mix, and Miner to vote in the election but their ballots will be impounded and not tabulated unless the results of the election makes it necessary to do so.4 In the latter event, the question whether such ballots should be counted will await the outcome of the unfair labor practice proceeding. By allowing these four discharged em- ployees to vote under the above condition we are in no way passing upon the merits of the pending charges. We find that those employees of the Company within the appro- priate unit who were on the, Company's pay roll immediately pre- ceding the date of this Direction of Election, including Harry Hel- sten, Mary Helsten, Mix, and Miner, 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 those who have since 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: 3 Although the United took a different position at the hearing, it subsequently informed the Board of its desire for this pay roll. Any other employees discharged under the same circumstances will be allowed to vote in the election under these conditions. 472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the rep- resentation of employees of Irving Shoe Company, Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production employees of the Company excluding foremen and shipping-room, office, and clerical employees, 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, as amended, it is hereby DIRECTED that , as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with Irving Shoe Company, Chicago , Illinois, 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, under the direction and supervision of the Regional Director for the Thir- teenth 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 production employees of the Company who were employed during the pay-roll period immediately preceding the date of this Direction , including employees 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 Harry Helsten, Mary Helsten, Tom Mix, and Floyd Miner, but excluding foremen, shipping-room, office, and clerical` employees, and employees who have since 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 Indus- trial Organizations , or by Boot and Shoe Workers Union, Local No. 14, affiliated with the American Federation of Labor, for the purposes of collective bargaining , or by neither.