Craddock-Terry Shoe Corp.

National Labor Relations Board - Board Decisions

Nov 30, 1945

64 N.L.R.B. 1176 (N.L.R.B. 1945)

In the Matter Of' CRADDOCK-TERRY SHOE CORPORATION ( FARMV'ILLE
PLANT) and UNITED SHOE WORKERS OF AMERICA, C. I. O.
Case No. 5-R-1991.-Decided November 30, 1945
Messrs. Tucker Thurmond and P. N. Burton, of Lynchburg, Va.,
for the Company.
Messrs. Cecil Nash and Raymond H. Goff, of Lynchburg, Va., for
the C. I. O.
Mr. Leonard J. Ford, of Boston, Mass., and Messrs. Robert TV. Hip-
pert and Coleman W. Floyd, of Lynchburg, Va., for the A. F. L.
Miss Katherine Loomis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by United Shoe Workers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Craddock-Terry Shoe Corporation (Farmville Plant), Farmville, Vir-
ginia, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Sidney J.
Barban, Trial Examiner. The hearing was held at Lynchburg, Vir-
ginia, on August 6, 1945. The Company, the C. I. 0., and Boot and
Shoe Workers Union, Local 488, A. F. of L., herein called the A. F. L.
appeared and participated. All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. At the hearing the A. F. L. moved
to dismiss the C. I. O.'s petition on the ground that the C. I. O. had
refused to consent to an immediate election, but insisted on a hearing.
The motion is denied. The Trial Examiner's rulings made at the hear-
ing 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
1. THE BUSINESS OF THE COMPANY
Craddock-Terry Shoe Corporation operates four plants, all engaged
in the manufacture of shoes. Three of the plants are located at Lynch-
64 N. L. R. B, No. 198.
1176
CRADDOCK-TERRY SHOE CORPORATION (FARMVILLE PLANT) 1177
burg, Virginia, and the fourth plant, with which this proceeding is
solely concerned, is located at Farmville, Virginia. During the year
1944, the Company's purchases of raw materials for the Farmville
plant amounted in value to approximately $625,000, of which 98 per-
cent was obtained from sources outside the State of Virginia. During
the same period the finished products manufactured at the Farmville
plant amounted in value to approximately $1,250,000, of which about
65 percent was shipped to points outside the State of Virginia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Shoe Workers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
Boot and Shoe Workers Union, Local 488, affiliated with the
American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
In September 1942, the Company recognized the A. F. L. as the
bargaining representative of the production workers at its Farmville
plant. This recognition was granted after the Company had ascer-
tained, by means of a cross-check of the A. F. L.'s membership cards
against employees' signatures in possession of the Company and
against the Company's pay roll, that the A. F. L. represented a
majority of the employees concerned. Subsequently the Company
and the A. F. L. entered into a contract, dated September 15, 1942,
which was to remain in effect until September 15, 1943, and which
provided that the agreement should automatically renew itself from
year to year thereafter unless written notice of a desire to change,
modify, or cancel was given by either party 90 days prior to any
anniversary date. This contract, which was automatically renewed
in 1943 and 1944, covered all employees in the production depart-
ments of the Farmville plant, exclusive of supervisory, clerical, and
maintenance employees.
The C. I. 0., by letter dated June 8, 1945, and received by the
Company on June 11, 1945, advised the Company that it represented
a majority of the employees of its Farmville plant and requested
recognition for the purpose of collective bargaining. The Company,
by letter dated June 15, 1945, refused to recognize the C. I. O. on
the ground that it lead-a valid and existing contract with the A. F. L.
However, neither the A. F. L. nor the Company raises the contract
1178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as a bar to the instant proceeding. Clearly it is not, since the
Company received notice of the C. I. O.'s claim prior to the 1945
automatic renewal date of the contract.'
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number
of employees in the unit it claims as appropriate.'
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.
IP. TIIE APPROPRIATE UNIT; THE DETERMINATION OF RI' PRESENTATIVES
The C. I. O. seeks a, unit of all employees in the production depart-
ments and the maintenance department of the Company's Farmville
plant, excluding clerical employees, foremen, assistant foremen, and
the head maintenance man. The Company and the A. F. L. oppose
the establishment of the unit sought only insofar as it includes main-
tenance department employees.
The production departments and the maintenance department are
under the supervision of a plant superintendent. There is a foreman,
and in some instances, an assistant foreman, in immediate charge of
each production department, and a head maintenance man in imme-
diate charge of the maitenance department. All operations are carried
on in one building, and the maintenance employees spend most of their
time in one or another of the production departments 3
Maintenance employees include three watchmen, one elevator opera-
tor, five porters, and two machinists. The watchmen are not milita-
rized, deputized, nor uniformed. They carry arms only at night when
there is no one in the plant. Their main duties are to make the rounds
of the plant, punching clocks at various stations. During the day one
watchman spends his time in the boiler room firing the boiler. The
porters handle supplies in all departments and also clean the building.
Machinists repair company-owned machinery in all departments. All
the maintenance employees are paid by the hour, whereas the majority
of production workers are paid on a piece-work basis. However, the
daytime watchman, the elevator operator, the porters, and machinists
work the same hours as the production employees, punch the same time
1 See Matter of Groveton Papers Co , 52 N L R B 1256 ; Matter of James Doak, Jr
Company, 52 N L R B 378.
2 The Field Examiner reported that the C I 0 submitted 151 authorization for mem-
bership cards which bore apparently genuine original signatures , and that the Company
submitted a pay-roll list for the week ending June 16 1945. which contained 228 names.
Of the 11 maintenance department employees sought by the C I 0, that organization
submitted cards signed by 5.
The A . F of L submitted its contract as evidence of its interest in the proceeding
3 The production process is carried on in the following departments : the cutting, stitch-
ing, lasting , making , finishing , packing, and stock fitting departments
CRADDOCK-TERRY SHOE CORPORATION (FARMVILLE PLANT) 1179
clocks, and are paid by the same paymaster. Maintenance department
employees have been excluded from the coverage of the contract be-
tween the Company and the A. F. L., and it is for this reason that the
contracting parties seek their exclusion from the unit.
Ordinarily, in the face of a contract which does not include disputed
employees, we exclude them 4 But, here, the C. I. O. represents a sub-
stantial number of maintenance employees,5 and they constitute a de-
partmental group which could be represented for collective bargaining
purposes either as a separate unit or, as desired by the C. I. 0., as part
of a production and maintenance unit. Accordingly, we shall not
make a determination of the appropriate unit or units at this time.
We shall first ascertain the desires of the employees by means of elec-
tions by secret ballot. Upon the results of these elections will depend,
in part, our finding as to the unit or units.6
We shall direct that separate elections be conducted among the em-
ployees in the separate voting groups described below, who were em-
ployed during the pay-roll period immediately preceding the date of
the Direction of Elections herein, subject to the limitations and addi-
tions set forth in the Direction.
1. All employees in the producton departments of the Company's
Farmville plant, excluding clerical employees, foremen, assistant fore-
men, and all other supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action; and
2. All employees in the maintenance department of the Company's
Farmville plant, excluding the head maintenance man, 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.7
If both groups select the C. I. O. as their bargaining representative,
they will be taken to have indicated a desire to constitute a single ap-
propriate unit. Should each group select a different bargaining agent,
they will be taken to have indicated a desire to constitute separate
units.
DIRECTION OF ELECTIONS
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,
See Matter of C J Petersen and C F Lytle, d/b/a Petersen & Little, 60 N L R B.
1070
See footnote 2, supra
6 See Matter of Pittsburgh Equitable Meter Company, 61 N L It B 880
7 Since the record fails to indicate that the A F L desires to represent maintenance
employees and, in addition reveals that it has no representation among these employees,
we shall not provide a place on the ballot for the A F L in the voting group of maintenance
employees
1180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Craddock-Terry.
Shoe Corporation (Farmville Plant), Farmville, Virginia, separate
elections by secret ballot shall be conducted as early as possible, but
not later than sixty (60) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Fifth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the groups described
below, who were employed during the pay-roil 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 :
1. All employees in the production departments of the Company's
Farmville plant, excluding clerical employees, foremen, assistant fore-
men, and all other supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, to determine
whether they desire to be represented by United Shoe Workers of
America, C. I. 0., or by Boot and Shoe Workers Union, Local 488,
A. F. L., for the purposes of collective bargaining, or by neither; and
2. All employees in the maintenance department of the Company's
Farmville plant, excluding the head maintenance man, 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, to determine whether or not they
desire to be represented by United Shoe Workers of America, C. I. 0.,
for the purposes of collective bargaining.