J. P. Smith Shoe Co.

National Labor Relations Board - Board Decisions

Feb 23, 1939

11 N.L.R.B. 702 (N.L.R.B. 1939)

In the Matter of J. P. SMITH SHOE COMPANY and UNITED SHOE
WORKERS OF AMERICA, LOCAL 48, AFFILIATED WITH CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. B-1179.-Decided February 23, 1939
Shoe Manufacturing Industry-Investigation of Representatives : controversy
concerning representation of employees : rival unions ; refusal of Company to
negotiate with either--Unit Appropriate for Collective Bargaining : stipulated;
all production employees , exclusive of office, clerical , maintenance , and super-
visory employees , executives , foremen, truck drivers, and salesmen-Election
Ordered
Mr. Stephen M. Reynolds, for the Board.
Fyffe & Clarke, by Mr. John Harrington, of Chicago, Ill., for the
Company.
Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
United.
Mr. Daniel D. Carmell, of Chicago, Ill., for the Boot and Shoe
Workers.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 14, 1938, the United Shoe Workers of America, Local
48, affiliated with the Congress of Industrial Organizations, herein
called the United, filed with the Regional Director for the Thirteenth
Region (Chicago, Illinois) a petition, and on December 21, 1938, an
amended petition, alleging that a question affecting commerce had
arisen concerning the representation of employees of J. P. Smith
Shoe Company, Chicago, Illinois, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On January 3, 1939, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered an
11 N. L. R. B., No. 51.
702
J. P. SMITH SHOE COMPANY ET AL. 703
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On January 6, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the United,
and Boot and Shoe Workers Union, affiliated with the American
Federation of Labor, herein called the Boot and Shoe Workers, a
labor organization claiming to represent employees directly affected
by the investigation. Pursuant to the notice and a postponement, a
hearing was held on January 13, 1939, at Chicago, Illinois, before
J. J. Fitzpatrick, the Trial Examiner duly designated by the Board.
The Board, the Company, the United, and the Boot and Shoe Work-
ers were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses , and to introduce evidence bearing upon the issues was afforded
all parties.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
J. P. Smith Shoe Company is an Illinois corporation, engaged at
its plant in Chicago, Illinois, in the manufacture, sale, and distribu-
tion of men and women's shoes.
During the calendar year 1938, the Company purchased raw ma-
terials, principally leather, valued at approximately $750,000, of
which approximately 90 per cent were purchased at points outside
the State of Illinois. During the same period the Company sold
finished products valued at approximately $2,200,000, of which 85 per
cent were shipped from the Company's plant to points outside the
State of Illinois. The Company employs approximately 534 produc-
tion workers.
II. THE ORGANIZATIONS INVOLVED
United Shoe Workers of America, Local 48, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations.
Boot and Shoe Workers Union is a labor organization affiliated
with the American Federation of Labor.
Both organizations are industrial unions, admitting to member-
ship all production employees of the Company, excluding office, cleri-
cal, maintenance, and supervisory employees, executives, foremen,
truck drivers, and salesmen.
III. THE QUESTION CONCERNING REPRESENTATION
Both the United and the Boot and Shoe Workers have substantial
membership among the Company's production workers. On No-
vember 10, 1938, the United requested the Company to recognize it
704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as the exclusive bargaining agent for the Company's production em-
ployees, alleging it represented a majority of employees , and offering
to exhibit membership cards to -support its contention . On or about
the same date the Boot and Shoe Workers demanded that the Com-
pany recognize it as the sole bargaining agent for the Company's
production employees . The Company refused to recognize and bar-
gain with either of the two organizations.
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the United and the Boot and Shoe Workers stip-
ulated, without objection by the Company, that all production em-
ployees of the Company, exclusive of office, clerical, maintenance,
and supervisory employees, executives, foremen, truck drivers, and
salesmen, constitute an appropriate bargaining unit.
We find that the production employees of the Company, exclusive
of office, clerical, maintenance, and supervisory employees, execu-
tives, foremen, truck drivers, and salesmen, constitute a unit appro-
priate for the purposes of collective bargaining, and that said unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing neither the United nor the Boot and Shoe Workers
offered proof that it represented a majority of the Company's em-
ployees. We find that the question concerning representation which
has arisen can best be resolved by an election by secret ballot. At
the hearing the United and the Boot and Shoe Workers agreed that
all employees within the appropriate unit who were on the Com-
pany's pay roll on September 15, 1938, or thereafter, excluding those
hired subsequent to December 15, 1938, or who have quit or been dis-
charged for cause, should be eligible to vote. They contended that
September 15, 1938, represents the approximate peak of employment
in the plant. The Company stated its preference that the pay roll
J. P. SMITH SHOE COMPANY ET AL. 705
of January 5, 1939, be used to determine eligibility. It expressed
uncertainty as to the-date of peak employment.
We shall direct that all employees within the appropriate unit who
were on the Company's pay roll at any time between September 15
and December 15, 1938, inclusive, excluding any who have quit or
been discharged for cause, shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of J. P. Smith Shoe Company, Chicago, Illi-
nois, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. The production employees of the Company, exclusive of office,
clerical, maintenance, and supervisory employees, executives, fore-
men, truck drivers, and salesmen, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the National Labor Relations Act.
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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it
is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with J. P. Smith Shoe Company, Chicago, Illinois, an election by
secret ballot shall be conducted within fifteen (15) days from the
date of this Direction under the direction and supervision of the
Regional Director for the Thirteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 9, of said Rules and Regulations, among all the produc-
tion employees of J. P. Smith Shoe Company whose names appear on
its pay roll at any time between September 15 and December 15, 1938,
inclusive, excluding office, clerical, maintenance, and supervisory em-
ployees, executives, foremen, truck drivers, and salesmen, and all em-
ployees who have quit or been discharged for cause, to determine
whether they desire to be represented by United Shoe Workers
of America, Local 48, affiliated with the Congress of Industrial Or-
ganizations, or by Boot and Shoe Workers Union, affiliated with the
American Federation of Labor, for the purposes of collective bargain-
ing, or by neither.