International Shoe Co.

National Labor Relations Board - Board Decisions

Jan 21, 1946

65 N.L.R.B. 560 (N.L.R.B. 1946)

In the Matter Of INTERNATIONAL SHOE COMPANY and BOOT & SHOE
WORKERS UNION, AFL
Case No.14-R-1292.Decided January 21,1946
Messrs. Richard 0 . Ruiner and John C. Voohers, of St. Louis, Mo.,
for the Company.
Messrs. Tom Cory, Edmund Koby, and Ray Palmer, of St. Louis,
Mo., for the AFL.
Messrs . Dave Wilson and Tom Grimm , of St. Louis, Mo., for the
CIO.
Margaret H. Patterson , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Boot & Shoe Workers Union, AFL,
herein called the AFL, alleging that a question affecting commerce
had arisen concerning the representation of employees of International
Shoe Company, Hermann, Missouri, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Ryburn L. Hackler, Trial Examiner. The
hearing was held at St. Louis, Missouri, on November 1, 1945. The
Company, the AFL, and United Shoe Workers of America, CIO,
herein called the CIO, 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. 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 TIIE COMPANY
International Shoe Company is a Delaware corporation engaged
in the manufacture and sale of shoes and leather. It operates plants
'65 N. L R. B, No. 93.
560
INTERNATIONAL SHOE COMPANY 561
in numerous States, including the plant at Hermann, Missouri, with
which we are here concerned. The Hermann Plant manufactures
misses ', children's and infants' stitchdown shoes. During the year
1945, the Company purchased raw materials 'valued in excess of
$1,000,000, of which approximately 25 percent was shipped from
points outside the State of Missouri. During the same period, the
Company completed- products valued in excess of $750,000, a sub-
stantial portion of which was shipped outside the State of Missouri.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Boot & Shoe Workers Union is a labor organization, affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
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 refussd to grant recognition to the AFL as the
exclusive bargaining representative of certain of its employees until
the AFL has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the AFL represents a substantial number of em-
ployees 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 accordance with agreement of the parties,
that all employees of the Company at its Hermann, Missouri, plant,
excluding bonded watchmen, office and clerical employees, ticket mak-
ers,2 superintendents, foremen, assistant foremen, and all other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
1 The Field Examiner reported that the AFL submitted 152 authorization cards, bearing
the names of 140 employees, listed on the Company's pay roll of September 16, 1945; CIO
submitted 154 authorization cards, bearing the names of 121 employees, listed on the
Company' s pay roll of September 16, 1945. There are approximately 405 employees in the
appropriate unit.
2 The parties agree that the duties of ticker makers are essentially clerical and that
they should therefore be excluded from the unit.
562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
recommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
V. THE DETERMINATION OF REPRESENTATION
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 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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with International
Shoe Company, Hermann, 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 the
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 Boot & Shoe Workers Union, affiliated with the American Federa-
tion of Labor, or by United Shoe Workers of America, affiliated with
the Congress of Industrial Organizations, for the purposes of collec-
tive bargaining, or by neither.