17 N.L.R.B. 233 (N.L.R.B. 1939)

International Shoe Co.

National Labor Relations Board - Board DecisionsNov 3, 1939

17 N.L.R.B. 233 (N.L.R.B. 1939)

In the Matter Of INTERNATIONAL SHOE COMPANY and ASSOCIATED SHOE & LEATHER WORKERS LOCAL # 1, AFFILIATED WITH NATIONAL FEDERATED INDEPENDENT UNION Case No. R-1406 SUPPLEMENTAL DECISION November 3, 1939 On August 26, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled case.' The Direction of Election directed that an election by secret ballot be conducted under the direction and super- vision of the Regional Director for the Fourteenth Region (St. Louis, Missouri) among the production employees of International Shoe Company in its heel and rand department at its Hickory and Broadway plants in St. Louis, who were employed by said Company during the pay-roll period immediately prior to the date of the Di- rection of Election, excluding supervisory and clerical employees and those who had since quit or been discharged for cause, but including the porters, matrons, elevator operator, and paste and lift servers who are employed exclusively in the heel and rand depart- ment at the Hickory plant, and including employees who did not work during such pay-roll period because they were ill or on vaca- tion, employees who were then or had since been temporarily laid off, and employees on leaves of absence, to determine whether they desire to be represented by Associated Shoe & Leather Workers, Local #1, affiliated with National Federated Independent Union, herein called the Associated, or Local 56A United Shoe Workers of America, for the purposes of collective bargaining, or by neither. Pursuant to the Direction of Election, balloting was conducted on September 8, 1939. Full opportunity was accorded to all parties to this investigation to participate in the conduct of the secret ballot and to make challenges. On September 9, 1939, the Acting Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued his Election Report, copies of which were duly served upon the parties. 114 N. L. R. E. 1140. 17 N. L. R. B., No. 1.5. 233 234 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the balloting and its results, the Acting Regional Director reported as follows : Total number of employees eligible to vote------------------ 458 Total number of ballots cast------------------------------- 348 Number of ballots cast in favor of Local 56A, United Shoe Workers of America, affiliated with the Congress of Indus- trial Organizations--------------------------------------- 150 Number of ballots cast in favor of Associated Shoe and Leather Workers, Local No. 1, affiliated with National Fed- erated Independent Union--------------------------------- 153 Number of ballots cast for neither organization-------------- 45 Number of challenged ballots------------------------------- 0 Number of void ballots-------------------------------------- 0 Number of blank ballots------------------------------------ 0 On September 15, 1939, the Associated filed with the Regional Director objections to the conduct of the ballot, upon the ground that, at the hearing, * * * * the showing of membership of the respective unions involved did not justify National Labor Relations Board in plac- ing neither union vote on the ballots. Therefor Local No. 1 [the Associated] contends that neither union vote should be discounted and placed in the same category as those not voting and ballots cast for Local 56a and Local No. 1 shall be counted and bargaining representation granted on the basis of such count. Thereafter, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 2, issued her Report on Objections to Election, refer- ring the Objections directly to the Board. Copies of said Report were duly served upon the parties. The Board has considered the Objections and finds that they do not raise substantial or material issues with respect to the conduct of the ballot. For the reasons stated in Matter of Interlake Iron Corporation and Amalgamated Association of Iron, Steel, and Tin Workers of North America, Local No. 1657 2 it is our established policy, in elections involving two or more rival unions, to provide for a space on the ballot in which a voter may indicate that he does not desire either of the named unions to represent him. The Objec- tions are hereby overruled. However, in accordance with our usual practice 3 we will, upon the request of the Associated filed with the 2 4 N. L. R. B. 55. 2 See In the Matter of Interlake Iron Corporation and Amalgamated Association of Iron, Steel, and Tin Workers of North America , Local No . 1657, 4 N. L. R. B . 55; Matter of L. A. Nut ]louse and United Cracker, Bakery S Confectionery Workers of America , 8 N. L. R. B. 502; Matter of Unit Cast Corporation and Steel Workers Organizing Committee, 8 N. L. Ii. B. 851 ; Matter of Milwaukee Publishing Company and Milwaukee Newspaper Cuild ( C. I. 0.), 11 N. L. R. B. 892. INTERNATIONAL SHOE COMPANY 235 Board within ten days from the date of this Supplemental Decision, direct a run-off election in which the ballot will allow the employees in the appropriate unit the opportunity to vote for or against the Associated. If the Associated does not request a run-off election within the time limited, we will dismiss the petition for investigation and certification of representatives. MR. WM. M. LEISERSON dissenting : For the reasons stated in my dissenting opinion in Matter of Coos Bay Lumber Company,4 I would not order a run-off election. .SAME TITLE Election Ordered: run-off. SECOND SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION November 18, 1939 On August 26, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled case. Pursuant to the Direction of Election, an elec- tion by secret ballot was conducted on September 8, 1939. On No- vember 3, 1939, the Board issued a Supplemental Decision 'by which it decided that, upon request therefor filed with the Board by Associated Shoe & Leather Workers, Local #1, affiliated with Na- tional Federated Independent Union, herein called the Associated, the Board would direct a run-off election in which the ballot would allow the employees in the appropriate unit the opportunity to vote for or against the Associated. On November 9, 1939, International Shoe Company, herein called the Company, filed exceptions to and a motion to set aside that por- tion of the Supplemental Decision which referred to the run-off election. The Board has considered these exceptions and finds them to be without merit. The Company's exceptions are hereby over- ruled and its motion is denied. The Board has received from the Associated a request for a run-off election. In accordance with our usual practice, we will direct such an election. Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union Local No. 2575,, 1G N. L. R. B. 476. 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD SECOND 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 Re- lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with International Shoe Company, St. Louis, 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 Second Direction of Election, under the direction and supervision of the Regional Di- rector for the Fourteenth Region, acting in this matter as agent for- the National Labor Relations Board and subject to Article III, Sec- tion 9, of said Rules and Regulations, among the production em- ployees of International Shoe Company in its heel and rand depart- ment at its Hickory and Broadway plants in St. Louis, who were employed by said Company during the pay-roll period immediately prior to August 26, 1939, excluding supervisory and clerical employees and those who have since quit or been discharged for cause, but in- cluding the porters, matrons, elevator operator, and paste and lift servers who are employed exclusively in the heel and rand depart- ment at the Hickory plant, and including employees who did not work during such pay-roll period because they were ill or on vaca- tion, employees who were then or have since been temporarily laid off, and employees on leaves of absence, to determine whether or not they desire to be represented by Associated Shoe &'Leather Workers, Local #1, affiliated with National Federated Independent Union, for the purposes of collective bargaining. MR. WM. M. LEISERSON, dissenting : As stated in my dissenting opinion in the Supplemental Decision issued herein, and for the reasons set forth in my dissenting opinion in Matter of Coos Bay Lumber Company,' I would not order a run-off election. 'Matter of Coos Bay Lumber Conynary and Lunnber and Sawmill Workers Union Local D o. 2,573, 16 N. L. R . B. 476. 17 N. L. R. B., No. 15a.