International Shoe Co.Download PDFNational Labor Relations Board - Board DecisionsMar 5, 194772 N.L.R.B. 1029 (N.L.R.B. 1947) Copy Citation 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. Copy with citationCopy as parenthetical citation