International Shoe Co.

National Labor Relations Board - Board Decisions

Mar 5, 1947

72 N.L.R.B. 1029 (N.L.R.B. 1947)

In the Matter of INTERNATIONAL SHOE, COMPANY, EMPLOYER and
UNITED CONSTRUCTION WORKERS, AFFILIATED WITH UNITED MINE
WORKERS, PETITIONER
In the Matter of INTERNATIONAL SHOE COMPANY, EMPLOYER and
BOOT AND SHOE WORKERS UNION (A. F. L.), PETITIONER
Cases Nos. 11-R-1183 and 11-R-1184, respectively.Decided March
551,947
Messrs. Richard 0. Rumer and L. B. Brown, of St. Louis, Mo., and
Mr. Paul J. Cornell, of Hopkinsville, Ky., for the Employer.
Mr. Joe Batey, of Princeton, Ind., Mr. Lawrence S. Filbumma, of
Terre Haute, Ind., and Mr. Robert Berry, of Olney, Ill., for the Con-
struction Workers.
Messrs. Walter E. Shannon and Drury R. Black, of St. Louis, Mo.,
for the Shoe Workers.
Mr. Thomas B. Sweeney, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon petitions duly filed, a consolidated hearing in these cases
was held at Hopkinsville, Kentucky, on December 11, 1946, before
Clifford L. Hardy, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the consolidated cases, the National Labor
Relations Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
International Shoe Company is a Delaware corporation engaged at
its plant in Hopkinsville, Kentucky, in the manufacture of girls' shoes.
During the period beginning September 1, 1946, and ending December
11, 1946, the Employer manufactured at this plant shoes valued in
excess of $50,000, more than 75 percent of which was sold outside the
State of Kentucky. During the same period the Employer purchased
leather, the principal raw material used in its operations, valued in
excess of $10,000, 90 percent of which was transported to its plant
from points outside the State of Kentucky.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
72 N. L . R. B., No. 175. 1029
1030 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. TIIE ORGANIZATIONS INVOLVED
United Construction Workers, herein called the Construction Work-
ers, the Petitioner in Case No. 11-R-1183, is a labor organization
affiliated with the United Mine Workers of America, claiming to rep-
resent employees of the Employer.
Boot and Shoe Workers Union, herein called the Shoe Workers, the
Petitioner in Case No. 11-R-1184, is a labor organization affiliated
with the American `Federation of Labor, claiming to represent
employees of the Employer.
III. THE QUESTION CONCERNING REPRESENT UION
The Employer refuses to recognize either of the Petitioners as the
exclusive bargaining representative of employees at its Hopkinsville
plant, contending that the petitions for certification have been pre-
maturely filed . In support of its contention the Employer alleges
that it is presently employing less than 50 percent-of its anticipated
full complement.
At the time of the hearing, the Employer was employing 217
workers , and producing 1,000 pairs of shoes daily at this plant. It
anticipated employing a total working force of 592 employees, and
increasing its total production of shoes to 4,000 pairs daily. Addi-
tions to its working force are to be made gradually. At the hearing
the Employer anticipated that more than 50 percent of its full com-
plement of employees would have been attained by February 1, 1947.
Since the working force at the plant constitutes a group which is
clearly representative of the ultimate plant force, and an appreciative
length of time has elapsed since the hearing , we are of the opinion
that an election , at the present time, is appropriate.
We shall, however , entertain a new petitiOA-i for investigation and
certification of representatives covering the employees involved herein
within less than a year , but not before the expiration of 6 months from
the date of any certification we may issue in the instant proceeding,
upon proof ( 1) that the number of employees in the appropriate unit
is more than double the number eligible to vote in the election herein-
after directed ; and (2 ) that the petitioner represents a substantial
number of employees in the expanded appropriate unit.,
We find that a question affecting commerce has arisen concerning
the representation of employees,of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree that all production and maintenance employees
at the Employer's plant at Hopkinsville, Kentucky, excluding office
and clerical employees, bonded watclunen, foremen, foreladies, and
'Matter of Tattle Siize Company, Inc, 66 N I. It B 24S, Matter of Iloleproof Hosiery
Company, 67 N L It B 1397.
INTERNATIONAL SHOE COMPANY 1031
supervisory employees, constitute an appropriate bargaining unit.
The Employer would exclude, but the Petitioner would include pro-
bationary employees.
Under the Employer's policy, all employees are considered proba-
tionary during the first 3 months of their employment. The'record
does not disclose any difference in working conditions between pro-
bationary workers and permanent employees. Since the probationary
employees have reasonable expectancy of permanent employment with
the Employer for an indeterminate period of time, they have a sub-
stantial interest in the working conditions at the plant, and we shall
therefore include them within the unit.2
We find that all production and maintenance employees, including
probationary employees, but excluding bonded watchmen, foremen,
foreladies, and all other 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.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with International Shoe Company,
Hopkinsville, Kentucky, an elecotion 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 Ninth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 per-
son 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 Construction Workers, affiliated with United
Mine Workers of America, or by Boot and Shoe Workers (A. F. L.),
for the purposes of collective bargaining, or by neither.
CHAIRMAN Hxuzoc took no part in the consideration of the above
Decision and Direction of Election.
2^11atter of United States Gypsum Company, 55 N L. R B 586, Matter of Goodman
Manufacturing Company, 58 N L. R. B 531.