Cannon Shoe Co.

In the Matter of CANNON SHOE COMPANY and CUTTING Room LOCAL #186, UNITED SHOE WORKERS OF AMERICA, AFFILIATED WITH C. I. O. Case No. R-3297.-Decided December 22, 1941 Jurisdiction : shoe manufacturing industry. Practice and Procedure : petition dismissed where no appropriate unit within scope of petition; unit requested by afli]iated local, composed of certain em- ployees in the cutting department, held, inappropriate where all departments of the factory are in one room ; employees in the different departments perform similar work, and are occasionally interchanged ; and where the parent union is in the process of organizing production employees in the several depart- ments of the factory on an industrial basis. Mr. John H. Hessey, of Baltimore, Md., for the Company. Mr. Isaac Shada and Mr. Samuel Miller, of Hanover, Pa., for Local #186. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On September 5, 1941, Cutting Room Local #186, United Shoe Workers of America, affiliated with C. I. 0., herein called Local #186, filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Cannon Shoe Company, McSherrystown, Pennsylvania, herein called,the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 7, 1941, 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, or- dered an investigation and authorized the Regional, Director to conduct it and to provide for an appropriate hearing upon due notice. 37 N. L. It. B., No 136 825 826 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On November 8, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and Local #186. Pursuant to notice, a hearing was held on November 17, 1941, at Hanover, Pennsylvania, before Jack Davis, the Trial Exam- iner duly designated by the Chief Trial Examiner. The Company was represented by counsel, Local #186 by its representatives, and both participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues was afforded both 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 1. THE BUSINESS OF THE COMPANY Cannon Shoe Company is engaged in the manufacture, sale, and distribution of shoes. Its factory'located at McSherrystown, Pern'syl- vanla, is the only plant involved in this proceeding. For the year ending January 31, 1941, the Company brought to the factory from points outside Pennsylvania approximately 88 per cent of all raw materials used in the manufacture of products finished at the factory. During the same period the Company made approximately 960,000 pairs of shoes, practically all of which were shipped from the factory to points outside Pennsylvania. The Company admits that it is engaged in commerce within the meaning of the Act. - II. THE ORGANIZATION INVOLVED Cutting Room Local #186, United Shoe Workers of America, is a labor organization affiliated with the Congress of Industrial Organiza- tions, admitting to membership employees of the Company. III. THE APPROPRIATE UNIT Local #186 contends that the cutters, block boys, those who plane blocks for cutters, stock clerks, and scrap boys 1 in the cutting depart- ment constitute an appropriate unit. The Company contends that the bargaining unit should include the production employees in the several departments of its factory. I On the pay roll of October 23, 19 41, introduced in evidence at the hearing , there is no employee listed as a scrap boy. CANNON SHOE COMPANY 827 All departments of the factory are on one floor and in one large room. Material received in the sorting cage passes directly to cutters in the cutting department- who perform by hand or _by machine the first operation of rough cutting on leather and cloth used in the manu- facturing of shoes. These rough-cut pieces pass to the skivers, per- forators, edge burners, and tip finishers , who complete the preliminary cutting operations . In the department the cut pieces are marked and numbered. They then pass out of the cutting department into the fitting department, whence they pass through the several assembling, making, and finishing departments to final inspection and shipping. At the time of the hearing the cutting department included in addi- tion to 29 cutters, 27 other employees, of whom 13 operate skiving and perforating machines , 3 markiiig, 1 edge burning, 2 stamping, and 1 tip finishing. Three block boys, 2 stock-room employees, a floor girl, and a floor boy complete the number of employees in the department. All such employees are under the supervision of the cutting -department foreman, who hires and discharges all department employees. Cutters are not confined to the cutting department. There are seven cutters in the sole and heel department . Machines which they operate are not dissimilar from machines used in the cutting depart- ment although there is a difference in the skill required for sole and upper cutting. There is an occasional exchange of cutters between the two departments . On at least one occasion when a machine'in the cutting department broke down, the,cutter was transferred to work on a similar machine in the sole and heel department . Five other cutters, called rough rounders, trim off surplus stock in the making department. Skivers work also in the cutting, sole , and welt depart ments. I United Shoe Workers of America, herein called the United, is in'the process of organizing the-production employees in the several depart- ments of the factory. In late August or early September 1941, the United chartered Local # 186, the petitioner in this proceeding. Qual- ifications for membership in Local .$ 186 are not set forth with partic- ularity in the record. Cutters and certain other employees in the cut- ting department are eligible, and skivers, perforators, and other em- ployees who work side by side with them are deemed ineligible for membership in Local #186. The United expects to set up another local for stripers , treers, and other employees not specifically named, and in a few weeks request bargaining rights for such employees. The United, however, solicited membership in the cutting department and in other departments of the factory on an industrial basis, and considers that an industrial unit of all production employees in the factory is ultimately appropriate for bargaining. The United has organized the shoe factories of the Company 's competitors on an 828 DECISIONS OF NATIONAL LABOR RELATIONS BOARD industrial basis and has plant-wide contracts covering all production employees in such plants. For these reasons and upon the entire record, we find that the unit proposed by the petitioning union is not, in the instant case, appropriate for the purposes of collective bargaining.2 IV. THE QUESTION CONCERNING REPRESENTATION Since the bargaining unit sought to be established by the petition- ing union is not appropriate, as stated in Section III above, we find that no question has arisen concerning the representation of employees of the Company in an appropriate unit at this time. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSION OF LAW No question concerning representation of employees of Cannon Shoe Company, McSherrystown, Pennsylvania, has arisen in a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis of the foregoing findings of fact and conclusion of law, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of em- ployees of Cannon Shoe Company, McSherrystown, Pennsylvania, filed by Cutting Room Local #186, United Shoe Workers of America, affiliated with C. I. 0., be, and it hereby is, dismissed. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Order. 2 Cf. Matter of Justin McCarthy, Inc -and-- International -Ladies' - Garment Workers' .Union, Local No. 387, 36 N. L R. B. 800; Matter of R J. Reynolds Tobacco Company and Local Union No. 217, Tobacco Workers International Union, 83 N. L. R. B., No. 115.