International Shoe Co.

National Labor Relations Board - Board Decisions

Oct 24, 1945

64 N.L.R.B. 457 (N.L.R.B. 1945)

In the Matter Of INTERNATIONAL SHOE COMPANY and UNITED SHOE
WORKERS OF AMERICA, CIO
Case No. 14-R=19367.Decided October 24, 1945
Mr. Richard O. Runner, of St. Louis, Mo., for the Company.
Messrs. Dave Wilson and Lee Harlan, of St. Louis, Mo., for the
Union.
Mrs. Augusta Spaulding, 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 Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Inter-
national Shoe Company, Dexter, Missouri, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Harry G. Carlson, Trial Examiner. The
hearing was held at St. Louis, Missouri, on September 14, 1945. The
Company and the Union appeared and participated 1 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
an-opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
International Shoe Company, a Delaware corporation with its prin-
cipal office and place of business at St. Louis, Missouri, is engaged in
the manufacture and sale of footwear. It operates plants, tanneries,
and warehouses in a number of different States of the United States,
' Boot and Shoe Workers Union , AFL, also served with notice , did not appear.
64 N. L . R. B., No. 83.
457 °
458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
including the plant at Dexter, Missouri, which is the only plant in-
volved in this proceeding. During the 2 months immediately pre-
ceding the hearing, 30 percent of the raw materials purchased for the
Dexter plant, which exceed $100,000 in total value, came to the plant
from points outside Missouri. During the same period approximately
50 percent of products finished at the Dexter plant, which exceed
$100,000 in total value, was shipped from-the plant to points outside
Missouri.
The Company admits 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
On August 21, 1945, the Union, by letter, notified the Company that
a majority of employees at the Dexter plant had designated the Union
as their exclusive bargaining agent and requested a bargaining con-
ference. The Company, by letter, declined to recognize the Union on
the ground that there were not sufficient employees presently employed
at the plant to justify the recognition of a bargaining representative.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, and a statement of the Trial Examiner read into
the record indicate that the Union represents a substantial number of
employees of the Company in the unit hereinafter found 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.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties,3 that all em-
ployees of the Company at its Dexter, Missouri, plant, excluding
2 The Field Examiner reported that the Union had submitted 124 authorization cards,
dated between June and August 1945. The Trial Examiner reported that at the hearing
the Union submitted 40 additional cards, dated August and September 1945, all bearing
apparently genuine signatures , indicating that the signer was employed by the Company
at its Dexter plant.
There are approximately 156 employees in the appropriate unit.
3 The parties were in agreement that the one part -time watchman who was not bonded,
who also served in the capacity of door man and janitor , should be included. There
are no cafeteria or ticket making employees at the plant at the present time. If em-
ployees in these categories are eventually employed, they will be subject to direct super-
vision from the St Louis departments and not under the direction or control of the local
plant management . Cafeteria and ticket making employees are usually excluded from
units of plant employees in the shoe industry.
INTERNATIONAL SHOE COMPANY 459
bonded watchmen, cafeteria and ticket making employees, office and
clerical employees, and 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 collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
may best be resolved by an election by secret ballot.
The Company contends that an election should not be held among
employees at the Dexter plant at this time because a full complement
of persons to be employed at this plant has not yet been reached. The
Company which has been for many years engaged in the shoe business,
opened the Dexter plant as a new plant in April 1945. In May 1945,
with 39 employees on its pay roll, it began active production at the
plant. The Company has gradually increased the number of em-
ployees at the plant, and at the time of the hearing employed 181
employees, including supervisors. At the time of the hearing, the
plant had evidently attained a balanced production with a representa-
tive number of employees in all departments, which will be propor-
tionately increased as new employees are added. The Company ex-
pects to attain full production at the Dexter plant by April 1946,
when approximately 330 employees will be working at the plant. Since
it is our established policy to entertain a petition for determination
of representatives where, in an expanding unit, more than one-half
of the total complement of employees is presently listed on the pay
roll, and since present employees appear to be representative in skills
and duties, we will hold an election among the Company's employees
at this time and not delay a determination of representatives until the
full complement of employees shall have been reached.'
Those eligible to vote in the election shall be all employees in the
appropriate unit who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Election herein, sub-
ject 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 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
4 See Matter of Pioneer Tool and Pngincer+nq Company, 62 N L. R. B. 1435; Matter
of Aluminum Company o f America, 61 NPL. R. B. 1295.
460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with International
Shoe Company, Dexter, 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 Arti-
cle 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
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 any
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 or not they desire to be represented by United Shoe Workers
of America, CIO, for the purposes of collective bargaining.
Ma. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.