Hamilton-Scheu & Walsh Shoe Co.

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 146 (N.L.R.B. 1946)

In the Matter of HAMILTON-SCIIEU & WALSH SHOE COMPANY and
UNITED SHOE WORKERS OF AMERICA, CIO
Case No. 14-B-1294.-Decided February 28, 1946
Mr. R. J. Riviere, of St. Louis, Mo., for the Company.
Mess. Dave Wilson, H. N. Long, Leo Cassiddy, and Harry Wick-
man, of St. Louis, Mo., for the CIO.
Mr. Seymour Cohen, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Shoe Workers of America,
CIO, herein called the CIO, alleging that a question affecting coln-
inerce had arisen concerning the representation of employees of
Hamilton-Scheu & Walsh Shoe Company, St. Louis, Missouri, herein
called the Company', the National Labor Relations Board provided
for, an appropriate hearing upon due notice before Helen F.
Humphrey, Trial Examiner. The hearing was held at St. Louis,
Missouri, on November 7, 1945. The Company and the CIO ap-
peared and participated.2 All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing 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 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
Hamilton-Scheu & Walsh Shoe Company, a Missouri corporation,
is engaged in the manufacture of women's novelty shoes at its plant
in St. Louis, Missouri. During the first 9 months of 1945, the Com-
I The petition and other formal papers were amended at the hearing to show the
correct name of the Company
2 Boot & Shoe Workers Union, A F. L., hereinafter called the A. F. L, although served
with notice , refused to participate in the instant proceeding after the Regional Director
denied its request for a postponement of the hearing
66 N. L. R. B., No. 8.
146
HAMILTON-SCHEU & WALSH SHOE COMPANY 147
pany purchased raw materials valued in excess of $500,000, of which
approximately 50 percent was shipped to it from points outside
the State of Missouri. During the same period, the Company manu-
factured products valued in excess of $1,000,000, of which approxi-
mately 90 percent was shipped to points outside the State of
Missouri.
The Company concedes that it is engaged in commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Shoe Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of its employees until the CTO
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the CIO 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.
1V. TIIE APPROPRIATE UNIT
The CIO seeks a unit composed of all employees of the Company,
excluding watchmen, office and clerical employees, and all supervisory
employees, and also excluding all employees of the Company's Sole
Leather Department. The Company would include the employees of
its Sole Leather Department in the appropriate unit 4
There are seven departments within which the Company performs
its manufacturing operations : Cutting, Fitting, Lasting, Sole
Leather, Bottoming, Finishing, and Packing. Each department has
3 The Field Examiner reported that the CIO submitted 195 dues records bearing the
names of 165 employees listed on the Company 's pay roll of September 18, 1945; and
that the A . F. L. submitted 87 dues records bearing the names of 66 employees listed
on the Company's pay roll of September 18, 1945 There are approximately 330 em-
ployees in the alleged appropriate unit, which excludes the Sole Leather Department.
This Department employes about 16 workers
* At a prehearing conference , the A . F. L. took the position that each department
should constitute a separate appropriate unit and that the unit sought by the CIO
was inappropriate.
148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its own foreman who hires the necessary employees for it. All of
the departments, except the Sole Leather Department, are presently
housed on three floors of the main building, there being no partitions
separating the departments. The Sole Leather Department for 6
years was housed in the main building, but, in January 1945, because
of crowded conditions, was moved to a separate building about 2
miles from the main building. The Company has received notice
of the termination of the lease on its main building on June 1, 1946,
and has made plans to move to another building wherein it will
again house all seven departments. All departments classify em-
ployees as skilled, semi-skilled, minor operations, and trainees,
although the period of training required to become skilled varies
from 4 years in the Cutting Department to 3 months in the Sole
Leather Department. Employees are paid mainly on a piece-rate
basis, the highest piece rates offered being paid for work in several
of the departments. There are frequent interchanges of employees
among the departments, including the Sole Leather Department.
In addition, there is a smooth flow through all departments from
raw material to finished product, thus evidencing the integrated
nature of the Company's operations.
On May 6, 1940, a consent election was held among the Company's
employees on a plant-wide basis, in which the CIO and AFL par-
ticipated. Neither union was certified as the exclusive collective
bargaining agent as a result of this election.5 Since that time, under
oral agreements, the Company has recognized both the CIO and the
AFL as bargaining representatives for their members only within
the various departments. Consequently, there has been no compelling
history of collective bargaining."
Considering all the foregoing circumstances, and in the absence
of a controlling history of collective bargaining, we are of the opinion
that an all-inclusive unit embracing the Sole Leather Department
as well as all other departments is appropriate.
Accordingly, we find that all employees of the Company, including
the employees of the Sole Leather Department, but excluding watch-
men, office and clerical employees, and all supervisory 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 col-
lective bargaining within the meaning of Section 9 (b) of the Act.
• Matter of Hamilton-Scheu cE Walsh Shoe Company, Case No. 14-R-156.
• See Matter of Elgin National Watch Company, 53 N. L. R B. 855; Matter of Corn
Products Relining Company, 52 N. L. R. B. 1324.
HAMILTON-SCHEU & WALSH SHOE COMPANY 149
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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 Re-
lations 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 Hamilton-Scheu
& Walsh Shoe Company, St. Louis, Missouri, 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 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 United Shoe Workers of America, CIO,
or by Boot & Shoe Workers Union, A. F. L., for the purposes of
collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
7 Inasmuch as the Field Examiner 's report shows that the A. F. L. represents a
considerable number of the Company's employees , we shall direct that its name be
placed on the ballot , provided that if the A. F. L. wishes to withdraw from the election,
it shall, within five (5) days from the date of this Decision, so notify the Regional
Director.