J. P. Smith Shoe Company

National Labor Relations Board - Board Decisions

May 2, 1939

12 N.L.R.B. 624 (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. R-1179
CERTIFICATION OF REPRESENTATIVES
May 2, 1939
On February 23, 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 within 15 days from the
date of the Direction among all the production employees of J. P.
Smith Shoe Company whose names appeared on its pay roll at any
time between September 15 and December 15, 1938, inclusive, ex-
cluding office, clerical, maintenance, and supervisory employees, exec-
utives, truck drivers, foremen, and salesmen, and all employees who
have quit or been discharged for cause, to determine whether they
desired to be represented by United Shoe Workers of America, Local
48, affiliated with the Congress of Industrial Organizations, or by
Boot and Shoe Workers Union, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining, or by
neither.
Pursuant to the Direction, an election by secret ballot was con-
ducted on March 8, 1939, at Chicago, Illinois, under the direction
and supervision of the Regional Director for the Thirteenth Region
(Chicago, Illinois). On March 15, 1939, the said Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, issued
and served upon the parties an Intermediate Report on the ballot.
111 N. L. R B. 702.
12 N. L. R. B., No. 72.
624
J. P. SMITH SHOE COMPANY 625
As to the results of the secret ballot, the Regional Director re-
ported as follows :
Total number eligible--------------------------------------- 592
Total number of ballots cast-------------------------------- 581
Total number of ballots cast for the United (C. I. 0) -------- 284
Total number of ballots cast for Boot and Shoe Workers Union
(A. F. L.) ----------------------------------------------- 10
Total number of ballots cast for neither labor organization--__ 260
Total number of protested ballots --------------------------- 24
Total number of blank ballots cast---- ---------------------- 1
Total number of void ballots --------------------------------- 2
With respect to the 24 protested ballots, the Regional Director
found in his Intermediate Report that the names of 17 employees,
whose ballots were challenged,2 were not on the pay roll during the
pay-roll period prescribed by the Board, that 3 employees, whose
ballots were challenged," were not in the appropriate unit, and that
Peter Gierek, whose ballot was challenged by the Company, had
quit, and recommended, that all of the above-mentioned employees
be deemed ineligible to vote and that their ballots not be counted.
He further recommended that the 3 remaining employees, whose
ballots were challenged '4 be declared eligible to vote, but that their
ballots not be opened because they could not affect the results of
the election.
Embodying the above findings and recommendations in his Inter-
mediate Report, the Regional Director reported as follows:
Total ballots cast----- -------------------------------------- 557
Ballots cast for the United --------------------------------- 284
Ballots cast for Boot and Shoe Workers--- ----------------- 10
Ballots cast for neither organization ------------------------- 260
Challenged ballots ruled eligible--------------------------. 3
Challenged ballots ruled ineligible ---------------------------
2 void ballots and 1 blank ballot were not counted in the
21
above totals.
No objections or exceptions to the Intermediate Report have been
filed by any of the parties. The Board affirms the findings and
adopts the recommendations of the Regional Director regarding the
challenged ballots.
2 Louis Angert, Martha Reuter , Marie Smiechowicz or Smiciechowicz, Mary Lonigro,
Celia Dzierlengia , Frances Mackjust, Lottie Dennison , Helen Mowicki , Myrtle Nelson,
Josephine Klazura , Stella Machonga , Beverly Poggensee , Wilbur Ellis Stephanie Prend-
arczyk and Mary Silhovey, whose ballots were challenged by the Company , the United
and the Boot and Shoe Workers ; James Lipuma, whose ballot was challenged by the
Company; Francis Skszynta ( Maggio) whose ballot was challenged by the United and
the Boot and Shoe Workers.
3 Margaret Gorman and Sylvan Zaidenburg, whose ballots were challenged by the
United ; Aloysius Strojeck, whose ballot was challenged by the United , the Boot and
Shoe Workers and the Company.
F M. Alfano, whose ballot was challenged by the Company, the United and the Boot and
Shoe Workers ; Adele Vitulto and Stanley Mundro , whose ballots were challenged by the
Company.
626
i
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, and pursuant to Article III, Sections
8 and 9; of National Labor Relations Board Rules and Regulations-
Series 1, as amended,
IT IS HEREBY CERTIFIED that United Shoe Workers of America,
Local 48, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of the production
employees of J. P. Smith Shoe Company, Chicago, Illinois, excluding
office, clerical, maintenance, and supervisory employees, executives,
truck drivers, foremen, and salesmen, as their representative for
the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, United Shoe Workers of Amer-
ica, Local 48, affiliated with the Congress of Industrial Organiza-
tions, is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.