74 N.L.R.B. 550 (N.L.R.B. 1947)

Joseph Raymond

National Labor Relations Board - Board DecisionsJul 18, 1947

74 N.L.R.B. 550 (N.L.R.B. 1947)

In the Matter Of JOSEPH RAYMOND, EMPPLOYER and UNITED SHOE SERVICE EMPLOYEES UNION, LOCAL 1136, CIO, PETITIONER Case No. -5-R-3962.-Decided July 18,1947 111r. P. J. J. Nicolaides, of Washington, D. C., for the Employer. Messrs. Francis A. Glaude and Nicholas Fabrizrio, of Washington, D. C., for the Petitioner. Mr. Jerome A. Reiner, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Washing- ton, D. C., on June 5, 1947, before Joseph Lepie, 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 case, the National Labor Relations Board makes the following : FINDINGS OF FACT ^ I. THE BUSINESS OF THE EMPLOYER Joseph Raymond, an individual , operates a shoe repair business at Washington , D. C. During the year 1946 the Employer purchased raw materials valued at $3 ,623, of which more than 75 percent was shipped to the Employer fronn points outside the District of Co- lumbia. During the same period the gross sales of the Employer amounted to $10,565. We find that the Employer is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 74 N. L R B., No. 104. 550 JOSEPH RAYMOND III. THE QUESTION CONCERNING REPRESENTATION 551 The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an 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 Petitioner seeks a unit of all shoe repair mechanics and helpers employed by the Employer. There are two employees sought to be included in this unit, a full-time mechanic and a helper. The Em- ployer in effect contends that the helper is not an employee within the meaning of the Act for the reason that he does not work full time. The record reveals that the helper has been steadily employed by the Employer since August 1946, and that since January 1947 he has been employed on a part-time basis working at least 3 days each week. In addition the Employer has deducted withholding taxes and social security payments from his wages and has paid him for holidays when he is not required to report for work. We find that the helper is an employee of the Employer within the, meaning of the Act. We find that all shoe repair mechanics and helpers employed by the Employer but excluding bootblacks, office and clerical employees, and all supervisory employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning 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 Joseph Raymond, Washington, D. C., an election 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 Fifth 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 Section IV, above, who were employed during the pay roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation 552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person 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 or not they desire to be represented by United Shoe Service Employees Union, Local 1136, CIO, for the purposes of collective bargaining.