Brown Shoe Co., Inc.

National Labor Relations Board - Board Decisions

Aug 29, 1944

57 N.L.R.B. 1687 (N.L.R.B. 1944)

In the Matter of BROWN SHOE COMPANY , INC. and SHOE WORKERS
OF DISTRICT 50, UMWA
Case No. 141-R-1003.-Decided August 09, 1944
Mr. Joseph Lepie, for the Board.
Messrs. A. N. Paule and Jay Ryan, of Charleston, Ill., for the
Company.
Messrs. Joseph Ecoppi, Earl Calandro, and Harry Hamm, of
Mattoon, Ill., for District,50.
Mr. Thomas A. Gririvm, of St. Louis, Mo., for the CIO.
Miss Ruth Rusch, 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, UMWA,
herein called District 50, alleging that a question, affecting com-
merce had arisen concerning, the. representation of, employees of
Brown Shoe Company, Inc., Charleston, Illinois, herein called the
Company,' the National Labor Relations Board provided for an
appropriate hearing upon due notice before Keith W. Blinn, Trial
Examiner. Said. hearing was held at St. Louis, Missouri, on July
28, 1944. The Board, the Company, District 50, and the United
Shoe Workers of America,, CIO, herein called the CIO, ap-
peared and participated.2 All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are, hereby
affirmed. The Trial Examiner reserved ruling for the Board on Dis-
trict 50's motion to refuse , the CIO a place on the ballot in any
election which might be directed. For reasons hereinafter stated the
'The Trial Examiner granted a motion, to which ,there were no objections , permitting
District 50 to amend the petition correcting the Company's name.
2 At the beginning of the hearing, the Trial Examiner granted a motion to intervene made
by the CIO.
57 N. L. It. B., No. 280. ' . .
1687
1688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
motion is denied. All parties were afforded an,opportuuity to file
briefs with the Board.
Upon, the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Brown Shoe Company, Inc., is a New York corporation. We are
here concerned with one of its plants located in Charleston, Illinois,
where it is engaged in the manufacture of women's shoes. During
1943, the Company purchased raw materials in excess of $1,000,000 in
value, of which 51 percent was shipped to it from sources outside the
State of Illinois. During the same period, the Company's products
sold for more than $1,000,000 in value, of which more than 51 percent
was shipped to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Shoe Workers of District 50, United Mine Workers of America, is a
labor organization, admitting to membership employees of the
Company.
United'Shoe Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to District 50 as
the exclusive bargaining representative of certain of its employees
until District 50 has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that District 50 represents a substantial number of
employees in the unit hereinafter found appropriate.3
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.
8 The Field Examiner reported that District 50 submitted 511 membership cards, 239
of 'which bore the names of persons listed on the Company's pay roll of June 10, 1944,
which contained the names of approximately 711 employees in the appropriate unit. There
were 148 cards dated in 1943, 12 dated January 1944, 9 dated February 1944, 9 dated
March 1944, 21 dated April 1944, 8 dated May 1944, 22 dated June 1944, and 10 were
undated
The CIO submitted 224 application-for-membership cards, 106 of which bore the names
of persons listed on the aforesaid pay roll. There were 4 cards dated in 1941, 28 dated
in 1942, and 74 were undated. -
There were 80 persons who signed both District 50 and CIO cards.
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BROWN SHOE COMPANY, INC.
IV. THE APPROPRIATE UNIT
1689
The Company, District 50, and the CIO agree that the appro-
priate bargaining unit should be composed of all employees of the
Company's plant at Charleston, Illinois, including watchmen, inspec-
tors, janitors, supply room attendants, maintenance employees, and
-firemen, but excluding office and clerical employees, timekeepers,
record writers, stylists and designers, lunchroom employees, factory
nurse, foremen, foreladies, assistant foremen, instructors, chief engi-
neer, assistant engineer, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action. There is a dispute concerning the inclusion of the commissary
and stockroom clerks. District 50 seeks to include them in the appro-
priate unit. The CIO wants to include only the stockroom clerks
and the Company objects to the inclusions of both the stockroom and
commissary clerks, contending that they are confidential employees
since they have access to the Company's records.
Stockroom Clerks
The Company employs three stockroom clerks who work in the stock-
room, a screened-off area in the cutting department. The stockroom
clerks receive all incoming leather, make up jobs and distributed them
to the cutters, and keep records of the description of the leather,
amount of leather used and returned, and cutting time on each job.
The record entries, consume approximately 25 percent of their time.
Because they do keep such records, the Company contends they are
confidential employees. However, since the stockroom clerks are under
the supervision of the cutting department foreman, since they are in
constant contact with the production employees, and since they do not
have access to confidential information relating to the Company's labor
policies, we shall include them within the unit.
Commissary Clerks
The Company employs four commissary clerks who work in a
screened-off area near the shipping and receiving entrance. Their
work consists of checking incoming supplies and materials, handing
out materials and machine parts, keeping inventory, and keeping rec-
ords of supplies and,materials. Keeping records requires about 65
percent of the commissary clerks' time. While they have some contact
with production employees, they are under the supervision of the office
manager and the clerical aspect of their functions is thus underscored.
Accordingly, we shall exclude them from the unit.
We, find, in accordance with the agreement of the parties and our i
foregoing determinations, that all employees of the Company's plant
1690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at Charleston, Illinois, including watchmen, inspectors, janitors, supply
room attendants, maintenance employees, firemen, and stockroom
clerks, but excluding office and clerical employees, commissary clerks,
timekeepers, record writers, stylists and designers, lunchroom em-
ployees, factory nurse, foremen, foreladies, assistant foremen; instruc-
tors, chief engineer, assistant engineer, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bagaining 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-
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.
Although District 50 moved to exclude the CIO from participation -
in the election hereinafter directed, we regard the CIO's showing as
sufficient to entitle it to a place on the ballot'
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, 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., Charleston, 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 Fourteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, 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
the said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but exclud=
4 See footnote 3, supra.
BROWN SHOE COMPANY, INC. 1691
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ing 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, UMWA, or by United Shoe Workers of America, CIO,
for the purposes of collective bargaining, or by neither. , , I .
CHAIRMAN Mesas took no part in the consideration of the above
.Decision and Direction, of Election.
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