83 N.L.R.B. 386 (N.L.R.B. 1949)

International Shoe Co.

National Labor Relations Board - Board DecisionsMay 5, 1949

83 N.L.R.B. 386 (N.L.R.B. 1949)

In the Matter Of INTERNATIONAL SHOE COMPANY , EMPLOYER and UNITED SHOE WORRERs OF AMERICA , CIO, PETITIONER Case No. 14-RC-598.-Decided May 5, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Samuel P. McChesney, a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Gray]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioner and Boot and Shoe Workers Union, AFL, the Intervenor herein, are labor organizations claiming to represent em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 4. The following employees at the Employer's Vandalia, Missouri, shoe manufacturing plant constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All regular and probationary production and maintenance em- ployees, excluding professional employees, office and clerical em- ployees, guards, and supervisors as defined in the Act. 5. The Employer contends that no election should be held at this time because the Vandalia plant is a new operation and the plant has not yet reached its full complement of employees. The Petitioner and the Intervenor disagree. The Vandalia plant commenced operations in September 1947. It moved into its present quarters in October 1948 with 57 production and maintenance employees. By February 24, 1949, the date of the hear- 83 N. L. R. B., No. 55. 386 INTERNATIONAL SHOE COMPANY 387 ing in this case, the working force had reached 82. Of these 82 em- ployees, 47 are classified as "regular" employees and 35, who have been employed less than 3 months, are classified as "probationary" em- ployees. The Employer expects its working force at the plant to ex- pand at the rate of 1 or 2 employees per week to reach approximately 95 by June 1 and 120 by September 1, 1949. The Employer does not anticipate at what date the plant will have its full complement of 215 production and maintenance employees. The Employer admits that its present working force is an inte- grated, balanced group, substantially representative of the antici- pated full complement of employees. The Employer expects to add to its present output of insoles the production of outsoles about June 1, 1949. The skills required for insoles and outsoles are similar and related. Employees now doing insole work will be promoted to outsole work, and other workers will be hired for insole work. As the employees working at the plant (including the probationary employees) 1 are substantial in number and are representative of the reasonably anticipated production and maintenance personnel, we shall, in accordance with our usual policy, direct an election at this time.2 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, 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, and also exclud- ing employees on strike who are not entitled to reinstatement, to de- termine whether they desire to be represented, for purposes of collec- tive bargaining, by United Shoe Workers of America, CIO, or by Boot and Shoe Workers Union, AFL,3 or by neither. 1 Matter of American Enka Corporation , 80 N. L . R. B. 298. 2Matter of Ford Motor Company , Canton Forge Plant, 80 N. L. R. B 1094 ; Matter of Rowe-Jordan Furntiture Corporation, 74 N. L. R. B 1261. See also Matter of Western Electric Compimy, ;^ncorporated, 76 N. L it . B. 400. a Any partteipapt in the glgctlqn directed herein ' may, upon its prompt request to, and approval thereof by , the Regional Director , have its name removed from the ballot.