Joyce, Inc.

National Labor Relations Board - Board Decisions

Apr 14, 1942

40 N.L.R.B. 509 (N.L.R.B. 1942)

In the Matter of JOYCE, INC. and UNITED SHOE WORKERS OF AMERICA,
LOCAL 122, C. I. 0.
Case No. R-3678.-Decided April 14, 1942
Jurisdiction : shoe manufacturing industry. I
Investigation and Certification of Representatives : existence of question : con-
flicting claims of rival representatives ; contract entered into with notice of
claim to representation by rival union, no bar to ; contract, continued existence
of which is conditioned on union's obtaining certification by the Board,. no bar
to ; name of union making showing of representation to Regional Director but
not appearing at hearing and, possibly no longer in existence, not to be placed
on ballot unless request made within five days ; election necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company,
excluding employees having authority to hire and discharge or to recommend
hire and discharge, executive officers, and administrative, office and mainte-
nance employees ; agreement as to.
Mr. J. H. Peckham, Jr., of Los Angeles, Calif., for the Company.
Mr. Milton S. Tyre, of Los Angeles, Calif., for the C. I. 0.
Mr. A. Sumner Lawrence, of counsel to the Board.
-DECISION
AND
DIRECTION OF ELECTION
. STATEMENT OF THE CASE
On March 11, 1942, United Shoe Workers of America, Local 122,
C. I. 0., herein called, the, C. I. 0:,, filed with the. Regional Director
for the T`tenty-first Region (Los Angeles, California) a petition
alleging that a question affecting commerce had' arisen concerning
the -representation' of employees of Joyce, Inc., Pasadena, California,
herein called the Company, and' requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of'the National
Labor Relations Act, 49. Stat. 449, herein called the Act. On March 19,
1942, 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 Relations Boards Rules and, Regulations-Series 2,
as amended-, ordered' an investigation 'and-authorized- the Regional'
Director to-conduct it and to provide for an appropriate hearing-upon'
due; notice. .
40 N. L. R. B:, No: 91:'
509-
510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 21, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the C. I. 0., and,
Independent Shoe Workers Union, herein called the Independent, a
labor organization claiming to represent employees directly affected
by the investigation. Pursuant to notice, a hearing was held on
March 24, 1942, at Los Angeles, California, before Maurice J. Nicoson,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Company and the C. I. O. were represented and participated in
the hearing. The Independent did not appear. Full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. During the
hearing, the Trial Examiner made rulings on motions and on objec-
tions to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors were
committed. , The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Joyce, Inc., is a California corporation with its principal office and
place of business at Pasadena, California. The Company is engaged in
the manufacture, sale, and distribution of shoes. The Company in the
course of-its business annually purchases raw materials of the approxi-
mate value of $1,000,000, 75 percent of which is obtained from sources
outside the State of California. During a typical yearly period, the
Company manufactures and sells shoes valued at more than $2,000,000,
75 per cent of which is sold to customers outside the State of California.
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
The United Shoe Workers of America, Local 122, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
Independent Shoe Workers Union is an unaffiliated labor organiza-
tion admitting to membership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
From 1937.through 1941 the Company bargained collectively with
the C.- I. O. and recognized the C. I. O. in written agreements as the
1 The C. I O. claimed, that the Independent is no longer in existence . The record shows
that the Independent was formed in January or February 1942 , that employees signed cards
designating it as their representative , and that the Independent entered into a collective
bargaining agreement with the Company . There is no evidence that the Independent has
been dissolved or has ceased to function as a labor oiganization
JOYCE, INC. , 511
exclusive representative of the Company's employees. The last such
agreement expired on December 31, 1941. Shortly after the expiration
of this agreement and while negotiations for a renewal were still pend-
ing, a schism occurred within the C. I. 0., resulting in the formation of
the Independent by the then officers of the C. I. O. In February 1942
the Independent submitted to the Company evidence of designation by
the employees and demanded recognition. On or about February 27,
1942, the Company entered into a contract with the Independent, recog-
nizing it as the collective bargaining agent for its employees. On or
about March 11, 1942, the C. I. O. renewed its claim to represent the
Company's employees and requested a collective bargaining agreement.
The Company thereupon abrogated its contract with the Independent
and entered into an agreement with the C. I. 0., providing, however,
that the agreement should not become effective until the C. I. O. had
been certified as the exclusive representative by the Board. The
Company asserts that it is uncertain which union is the majority
representative of its employees.
Neither the Company nor the C. I. O. asserted that either of the
contracts constitute a bar to a present determination of representatives.
Since the C. I. O. claimed to represent a majority of the employees of
the- Company prior to the execution of the contract with'the Inde-
pendent, and since the C. I. O. contract is not effective until or unless
that organization has been certified,by the Board as the representative
of the Company's employees, we find that neither contract is a bar
to such determination.2
A statement of the Regional Director, introduced into evidence,
discloses tliat each union represents a substantial number of employees
in the unit hereinafter found to be appropriate.3
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
"See Matter of National Metal-Art Manufacturing Co, Inc ., and Wholesale and Ware-
house Workers Union , Local 65, C I. 0, 37 N L. R. B. 561.
3 The Regional Director stated that the C I 0 had presented 222 signed application
cards of which 8 were dated February 1942 , 187 dated March 1942, and 27 undated, and
that of the 222 signatures , 199 appeared to be the names of persons whose names are on the
Company's pay' roll of March 16, 1942.
The Regional Director further stated that the' Independent had presented 214 signed
application cards , of which 1 was dated January 1942 , 174 dated February 1942 , and 39 -
undated , and that of the 214 signatures , 202 appeared to-be the names of persons whose
names are on the Company 's pay roll of March 16, 1942. There are approximately 350'
employees in the appropriate unit
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
The C. I. 0. and the Company stipulated, and we find, that all em-
ployees of the Company, excluding employees having authority to
hire and discharge or to recommend hire and discharge, executive
officers, and administrative, office, and maintenance employees, con-
stitute a unit appropriate for the purposes of collective bargaining.
We further find that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to collec-
tive bargaining and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
'We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. We shall not at
this time accord a place on the ballot to the Independent inasmuch as
it did not appear at the hearing and may no longer be in existence.
However, since it made a showing of representation to the Regional'
Director in advance of the hearing, we will, upon request made to the
Regional Director within five (5) days after the date of this Decision
and Direction of Election, amend our Direction and place the Inde-
pendent upon the ballot.
The Company, and the C. I. 0. agreed at the hearing that in the
event the Board directs an election, eligibility to vote should be de-
termined by the Company's pay roll ending February 26, 1942, and we
shall so provide, subject to the limitation and additions set forth in
the Direction.
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 Joyce, Inc., Pasadena, California, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All employees of the Company, excluding employees having au-
thority to hire and discharge or to recommend hire and discharge,
executive officers, and administrative, office, and maintenance employees,
constitute a unit appropriate for the purposes of collective; bargaining
within- the= meaning of Section,9 (b)r of the National Labor Relations
Act.
JOYCE, INC. 513
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 Relations Act,
and pursuant to Article III, Section 8, of National Labor Relations,
Board Rules and Regulations-Series 2, as amended, it is heieby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Joyce , Inc., Pasadena , California , 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 of Election , under the direction and
supervision of the Regional Director for the Twenty-first Region, act-
ing 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 employees of the Company who were employed during the
pay-roll period ending February 26, 1942, including any such em-
ployees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training of,
the United States, or temporarily laid off, but excluding employees
.having authority to hire and discharge or to recommend hire and dis-
charge, executive officers, and administrative, office, and maintenance
employees , and those employees who have since quit or been discharged
for cause , to determine whether or not they desire to be represented by
United Shoe Workers of America, Local 122, C. I. 0., for the purposes
of collective bargaining.
455771-42-Vol. 40-33
In the Matter of JOYCE, INC. and UNITED SHOE WORKERS OF AMERICA,
LOCAL 122, C. I. O.
Case No. R-3678
AMENDMENT TO DIRECTION OF ELECTION
April 28, 1942
On April 14, 1942, the National Labor Relations Board issued a
Decision and Direction of Election' in the above-entitled proceeding.
The Board stated that, upon request made to the Regional Director
within five (5) days after the date of the Decision, the Board would
amend its Direction of Election and place Independent Shoe Workers
Union upon the ballot.
The Board, having been advised by the Regional Director for the,
Twenty-first Region that the Independent has, in accordance with the
terms of the Decision, duly requested that its name be placed,upon•
the ballot to be used in the election, hereby amends its Direction of
Election by striking therefrom the words "whether or not they desire
to be represented by United Shoe Workers of America, Local 122,
C. I. 0., for the purposes of collective bargaining" and substituting
therefor the words "whether they desire to be represented by United
Shoe Workers of America, Local 122, C. I. 0., or by Independent
Shoe Workers Union, for the purposes of collective bargaining, or
by neither."
40 N . L R B 509.
40 N. L. R B., No. 91a.
514
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