Farmington Shoe Manufacturing Co.

National Labor Relations Board - Board Decisions

May 21, 1942

41 N.L.R.B. 169 (N.L.R.B. 1942)

In the Matter of FARMINGTON SHOE MANUFACTURING COMPANY and
UNITED SHOE WORKERS OF AMERICA, LOCAL 161A
Case No. R-3806.-Decided May 21, 1942
Jurisdiction : shoe manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
quest that petitioner present definite proof of its membership claims; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees, including watchmen and shippers, but excluding executives, super-
visors, and clerical and office employees.
Hughes d Burns by Mr. George 7'. Burns, of Dover, N. H., for the
Company.
Mr. Harry E. Jones, of Manchester, N. H., for the Union.
Mr. Louis C, okin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by United Shoe
Workers of America, Local 161A, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Farmington Shoe Manufacturing Com-
pany, Dover, New Hampshire, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert E. Greene, Trial 'Examiner. Said
hearing was held at Dover, New Hampshire, on May 7, 1942. The
Company and the Union appeared, participated, and were afforded
full opportunity to be heard, to.examine and cross-examine witnesses,
and to introduce, evidence bearing on the issues. The Trial Ex-
aminer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
41 N. L. R. B, No. 37. ,,
169.
170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
.Farmington' Shoe Manufacturing Company is engaged in the
manufacture of women's aiid men's shoes at Dover, New Hampshire.
The Company sells products valued at about $1,500,000 annually,
practically all of which is shipped out of New Hampshire. All raw
materials used by the Company are shipped to it from outside New
Hampshire.
II. THE ORGANIZATION INVOLVED
United Shoe Workers of America, Local 161A, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees'of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During April 1942, the Union requested the Company to meet with
it for collective bargaining purposes. The Company requested that
the Union present definite proof of its membership claims. There-
upon the Union filed the petition herein.
A statement' of the Regional Director, introduced into evidence
during the hearing, indicates that the Union-represents a substantial
number of employees in the unit hereinafter found to be 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 National Laboi
Relations Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
of the Company, including watchmen and shippers, but excluding
executives, supervisors, and clerical and office employees, constitute
an appropriate unit. The Company stated that it had no objection
to this unit.
We find, that all production and maintenance employees. of the Com-
pany, including watchmen and shippers, but excluding executives,
supervisors, and clerical and office employees, constitute a unit appro
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
'The Regional Director reported that the Union presented 185 membership application
cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of April 27, 1942. There are 311 employees on that pay roll.
FARMINGTON SHOE MANUFACTURING COMPANY 171
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
employees 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 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 Farmington
Shoe Manufacturing Company, Dover, New Hampshire, 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 First Re-
gion, acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regu-
lations, 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 or not
they desire to be represented by United Shoe Workers of America,
Local 161A, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
In the Matter of FARMINGTON SHOE MANUFACTURING COMPANY and
UNITED SHOE WORKERS OF AMERICA, LOCAi; 161A
Case No. B-3806
CERTIFICATION OF REPRESENTATIVES
June 24, 1942
On May 21, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding."
Pursuant to the Direction of Election, an election by secret ballot
was conducted on June .10, 1942, under the direction and supervision
of the Regional Director for the First Region (Boston, Massachu-
setts), to determine whether or not specified employees desire to be
represented by United Shoe Workers of America; Local 161A, affil-
iated with the Congress of Industrial Organizations. On June 11,
1942, the Regional Director, acting pursuant to Article III, Section
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended, issued and duly served upon the parties an Election
Report on the ballot. No objections to the conduct of the ballot or
the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote_____________________________ - 290
Total number of votes cast_______________________________ 262
Total number of valid votes -------------------- ---------- '260
Total number of ballots marked for "YES"________________ 217
Total number of ballots marked for "NO"_________________ 43
Total number of blank ballots_____________________________ 2
Total number of void ballots_____________________________ 0
Total number of challenged ballots____________________0
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that United Shoe Workers of America,
Local 161A, affiliated with the Congress of Industrial Organizations,
141 N. L. R. B. 169. ,
41 N. L. R. B., No. 37a.
172
-FARMINGTON SHOE MANUFACTURING COMPANY 173
has been designated and selected by a majority of all production and
maintenance employees of Farmington Shoe Manufacturing Com-
pany, Dover, 'New Hampshire, including watchmen and shippers,
but excluding executives, supervisors, and clerical and office em-
ployees, as their representative for the purposes of collective bargain-
ing, and that, pursuant to Section 9 (a) of the Act, the United Shoe
Workers of America, Local 161A, affiliated with the Congress of
Industrial, Organizations is the exclusive representative of all such
employees for , the purposes of collective bargaining in respect to
rates of pay; wages,'hours of•,employment, and other. conditions of
employment. _