Brown Shoe Co., Inc.

National Labor Relations Board - Board Decisions

Apr 18, 1944

55 N.L.R.B. 1411 (N.L.R.B. 1944)

In the Matter of BROWN SHOE COMPANY, INC., and SHOE WORKERS OF
DISTRICT 50, UNITED MINE WORKERS OF AMERICA
Case No. 13-R-9291.-Decided April 18, 1944
Mr. A. N. Paule , of Charleston, Ill., and Mr. W. A. Kohlh auff, of
Sullivan , Ill., for the Company.
Messrs. Joseph Ecoppi and William Cassidy, both of Mattoon, Ill.,
for District 50.
Illr. Leland H. Harlan, of St. Louis, Mo., for the C. I. O.
Mr. David V . Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Shoe Workers of District 50, United
Mine Workers of America, herein called District .50, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Brown Shoe Company, Inc., Sullivan, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Jack G.
Evans, Trial Examiner. Said hearing was held at Sullivan, Illinois,
on March 11, 1944. The Company, District 50, and United Shoe
Workers of America, C. I. 0., herein called the C. I. 0., appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross examine witnesses, and to introduce evidence bear-
ing on the issues . The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Brown Shoe Company, Inc., a New York corporation with its
principal office and place of business located in St. Louis, Missouri,
55 1\' L R. B, No 255.
1411
1412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is engaged in the manufacture of shoes. For this purpose, it oper-
ates plants in the States of Missouri, Tennessee, New York, and
Illinois. We are concerned in this proceeding with the Company's
plant located in Sullivan, Illinois. The Sullivan plant uses annually
raw materials valued in excess of $100,000, 95 percent of which is
shipped to the plant from points located outside the State of Illinois.
It produces annually shoes valued at more than $500,000, all of which
are shipped to the Company's warehouse and facilities located at St.
Louis, Missouri.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Shoe Workers of District 50, affiliated with the United Mine Workers
of America , is a labor organization admitting to membership em-
ployees of the Company.
United Shoe Workers of America, affiliated with the Congress of
Industrial Organizations , is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 13, 1943, pursuant to a petition filed by District 50 on
July 5, 1943,1 the Company, District 50, and the C. I. 0., executed a
consent election agreement with respect to the employees of the
Company at its Sullivan plant. On August 5, 1943, an election was
conducted pursuant to this agreement, and on August 11, 1943, the
Acting Regional Director issued a Report on Consent Election, indi-
cating that 327 employees cast valid votes, 146 of which were for Dis-
trict 50, 9 for the C. I. 0., and 172 for neither organization.
By letter dated January 25, 1944, District 50 requested recognition
from the Company as the bargaining representative of all employees of
the Sullivan plant exclusive of clerical and supervisory employees.
The Company replied to this request in a letter dated February 1,
1944, refusing such recognition until District 50 is certified by the
Board.
The Company contends that no election should be directed since
too short a period of time has elapsed since District 50 was rejected
as the representative of its employees. The C. I. 0. supports
this contention. The record discloses that since the date of the election
approximately 321 employees left the employ of the Company, approx-
1 Case No. 13-R-1863.
BROWN SHOE COMPANY, INC. 1413
imately 273 new employees were engaged, and that the present pay roll
of the Company contains the names of approximately 377 employees.2
Furthermore, as hereinafter indicated, District 50 submitted new
evidence of a substantial representation among the Company's em-
ployees at the Sullivan plant; consisting of at least 140 designations
obtained since the consent election. In view of the foregoing we are
of the opinion that, for reasons stated in the Wagner Electric case,3
the contentions of the Company and the C. I. 0. are without merit.
A statement of the Board's Field Examiner, introduced into evidence
at the hearing, indicates that District 50 represents a substantial
number of employees in the unit hereinafter found appropriate.4
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 2 (6) and (7) of the Act.
IV. TILE APPROPRIATE UNIT
Substantially in accordance with a stipulation of the parties made at
the hearing, we find that all employees of the Sullivan, Illinois, plant
of the Company, including maintenance employees, night watchmen,
firemen, porters, and supply-room attendants, but excluding office and
clerical employees, factory nurse, lunchroom employees, commissary
clerk and assistant, record writer, executives, foremen and foreladies,
assistant foremen, instructors, licensed engineers, and all other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees or effectively
recommend such action, 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 shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
2 The Board 's Field Exauuner , in reporting on the Company 's turnover of employees for
the 6 -month period preceding February 5, 1943, in the unit hereinafter found appiopiiate,
stated that the Company hired new employees at the rate of 42 6 percent of the total num-
ber employed per month , and that employees left the Company ' s employ at the rate of 45 8
percent of the total number employed per month
3 Matter of Wagner Electric Corporation, 53 N. L R. B 84.
4 The Field Examiner reported that District 50 submitted 166 designations of which 142
bore the names of persons appearing upon the Company 's pay roll of February 8, 1944 ; that
all designations were dated between August 1943 and February 1944; that only 2 were
dated in August 1 943, and the remainder dated thereafter ; and that said pay roll con-
tained the names of 367 employees in the unit hereinafter found to be appropriate
He further reported that the C . I. O. submitted 22 designations , all of which bore the
names of persons appearing on the afore -mentioned pay roll. The Trial Examiner iepoited
that at the hearing the C. 1 0 submitted 21 additional designations , all of which bore
names appearing on the above pay roll Since we are conducting an election , Ale shall
accord the C. I. O. a place on the ballot
1414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees 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.
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Brown Shoe Com-
pany, Inc., Sullivan, Illinois, an election by secret ballot shall be con-
ducted 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 Thirteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticle III, Sections 10 and It, 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 employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls. but
excluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by Shoe
Workers of District 50, affiliated with the United Mane Workers of
America, or by United Shoe Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.