Brown Shoe Co.

National Labor Relations Board - Board Decisions

May 30, 1942

41 N.L.R.B. 562 (N.L.R.B. 1942)

In the Matter of BROWN SHOE COMPANY and UNITED SHOE WORKERS
OF AMERICA, AFFILIATED WITH THE C. I. O. ,
Case No. R-3736.-Decided May 30, 19.42
Jurisdiction : shoe manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal of Company to accord union recognition because of existing contract
with competing union ; temporary employees employed during pay- roll period
preceding the date of the Direction of Election, held eligible to vote; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at the Company's Vincennes, Indiana, plant, excluding supervisory'
and clerical employees ; stipulation as to.
Joseph A. Padway, by Mr. Robert A. Wilson, of Washington,
D. C., and Mr. Tom Cory, and Mr. J. W. McGonigal, of St. Louis,
Mo., for Local No. 649.
Mr. Victor B. Harris, of St. Louis, Mo., for the United.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Shoe Workers of Amer-
ica, affiliated with the Congress of Industrial Organizations, herein
called the United, alleging that a question affecting commerce had
arisen concerning the representation of employees of Brown Shoe
Company, Vincennes, Indiana, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Arthur R. Donovan, Trial Examiner. Said,
hearing- was held at Vincennes, Indiana, on April 16, 1942. The
United and Boot and Shoe Workers International Union, Local
No. 649, herein called Local No. 649, appeared and participated.,
All parties were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence hearing on
' The Company entered no formal appearance at the hearing , but Its Industrial Relations
Counsel appeared as a witness.
41 N. L. R. B., No. 110.
562
Gf BROWN , SHOE ' COMPANY 563
the issues. The Trial Examiner's rulings made at .the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Brown Shoe Company is a New York corporation with its prin-
cipal office at St . Louis, Missouri . We are here concerned with the
Company's Vincennes , Indiana plant , where it is engaged in the
manufacture , sale, and distribution of shoes. That plant receives
all raw materials used by it from the Company 's warehouses in St.
Louis, Missouri , and in turn ships all finished products to those
warehouses . The Company admits that its Vincennes plant is en-
gaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Shoe Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
Boot and Shoe Workers International Union, Local No. 649, is a
labor organization affiliated with the American Federation-of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In October 1941, the United requested the Company to grant it
exclusive recognition as representative of the employees at the Vin-
cennes plant. The Company denied this request stating that it was
operating under a contract with Local No. 649. On February 12,
1941, the Company and Local No. 649-entered into a 1-year exclusive
recognition contract. The contract provided that it should continue
in full force and effect after its terminal date at the option of the
parties. The Company terminated the agreement on its expiration
date. None of the parties contend that the contract constitutes a bar
to this proceeding.
A statement of the Regional Director, introduced into evidence dur-
ing the hearing, indicates that the United represents a substantial
number of employees in the unit hereinafter found to be appropriate.2
2 The Regional Director reported that the United presented 264 membership , application
cards bearing apparently genuine signatures of persons whose names appear on the
company's pay roll of February 12, 1942 There are approximately 475 employees in
the unit hereinafter found to be appropriate . Local No. 649 did not present any evi-
dence of membership to the Regional Director , stating that it was relying on its contract
with'tlie Company as the basis of its claim of representation.
564 DECISIONS OF NATIONAL; LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section (6) and•(7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees at the Vincennes plant of
the Company, excluding supervisory and clerical employees, constitute
a unit appropriate, for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The United
urges that the pay roll of February 13, 1942, the date of the-expira-
tion of the contract between Local No. 649 and the Company, be
used to determine eligibility to vote. Local No. 649 requests that the
pay roll immediately preceding the date of the Direction of Elec-
tion be used for that purpose. The Company took-no position. In
accordance with our usual practice, we shall direct that the employees
of the Company eligible to vote in the election shall be those in the
appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,:
subject to the limitations and additions set forth in the Direction.
The Company hires temporary employees between July 15 and
August 20 and January and February of each year because of a,
seasonal peak in its operations. The United contends that such
employees should not be afforded an opportunity to vote because of
their temporary status. We find that such employees shall be allowed
to vote if they were employed during the pay-roll period immediately
preceding the date of the Direction of Election herein.
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, 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 to ascertain represent-
atives for the purposes of collective bargaining with Brown Shoe-
Company, Vincennes, Indiana, 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
BROWN SHOE COMPANY 565
of the Regional Director for the Eleventh 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 the
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding
the date of this Direction, including any such employees who did
not work during said pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily, laid off, but excluding any who have since
quit or been discharged for cause, to determine whether they desire
to be represented by United Shoe Workers of America, affiliated with
the Congress of Industrial Organizations, or by Boot and Shoe
Workers, International Union, Local No. 649, affiliated with the
American Federation of Labor, for the purposes of collective
bargaining, or by neither.