Dover Shoe Mfg. Co.

National Labor Relations Board - Board Decisions

Nov 4, 1948

80 N.L.R.B. 139 (N.L.R.B. 1948)

In the Matter of DOVER SHOE MFG. CO., EMPLOYER and UNITED SHOE=
WORKERS OF AMERICA, CIO, PETITIONER
Case No. 1-RC-509.Decided November 4,1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner claims to represent employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees at the Employer's shoe factory con-
stitute a unit appropriate for purposes of collective bargaining within
the meaning of Section 9 (b) of the Act :
All production and maintenance employees, excluding clerical and
professional employees, executives, guards, and supervisors as defined
in the Act.
5. The Employer's shoe production is seasonal in nature. A normal
complement during a period of production is approximately 350 em-
ployees. Production for spring shoes will not start until the middle or
latter part of November with peak employment during the latter part
of December or early part of January. We shall direct that the elec-
* Cbairman Herzog and Members Houston and Gray.
80 N. L. R. B., No. 31.
139
140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion be held at or about the peak of the spring production period on a
date to be determined by the Regional Director among the employees
in the appropriate unit who are employed during the pay-roll period
immediately preceding the date of the election.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted on a date to be selected by the Regional
Director subject to the instructions set forth in paragraph 5, above,
under the direction and supervision of the Regional Director for the
Region in which this case was heard, and subject to Sections 203.61
and 203.62 of National Labor Relations Board Rules and Regula-
tions-Series 5, as amended, among the employees in the unit found
appropriate in paragraph numbered 4, above, who are employed
during the pay-roll period immediately preceding the date of the elec-
tion, including employees who do not work during said pay-roll period
because they are ill or on vacation or temporarily laid off, but exclud-
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,
and also excluding employees on strike who are not entitled to rein-
statement, to determine whether or not they desire to be represented,
for purposes of collective bargaining, by United Shoe Workers of
America, CIO.