Jung Shoe Mfg. Co.

National Labor Relations Board - Board Decisions

Sep 28, 1945

63 N.L.R.B. 1241 (N.L.R.B. 1945)

In the Matter of OTTO JUNG, OTTO JUNG, JR., & EDGAR J. JUNG, A
PARTNERSHIP D/B/A JUNG SHOE MFG. COMPANY and INTERNATIONAL
FUR & LEATHER WORKERS UNION, C. I. O.
Case No. 13-R--3158.-Decided September 28, 1945
Buchen, Currie , Federer, and Grote, of Sheboygan , Wis., by Mr.
George R. Currie, for the Company.
Mr. A. J. Tomlinson , of Milwaukee , Wis., for the Union.
Mr. Benjamin E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Fur & Leather Workers
Union, C. 1. 0., herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Otto Jung, Otto Jung, Jr., & Edgar J. Jung, a partnership d/b/a.
Jung Shoe Mfg. Company, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Leon A. Rosell, Trial Examiner. The hearing was held
at Sheboygan, Wisconsin, on July 25, 1945. The Company and the
Union appeared and participated. All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Otto Jung, Otto Jung, Jr. & Edgar J. Jung, a partnership d/b/a
Jung Shoe Mfg. Company, with its plant and offices located in Sheboy-
gan, Wisconsin, is engaged in the manufacture of men's and boys' work
63 N. L, R B., No. 195.
1241
1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shoes. During the year 1944, the Company purchased raw materials
in excess of $750,000, of which 88 percent was transported to the plant
from points outside the State of Wisconsin. During the same year, the
Company's sales were in excess of $1,200,000, of which 82 percent was
transported from the plant to points outside that State.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Fur & Leather Workers Union, affiliated, with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to accord recognition to the Union until it
had been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2.(6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accord with the agreement of the parties,
that all productioi and maintenance employees excluding executives,
office clerical employees, foremen, and all or any other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The parties disagree as to the eligibility of 11 school boys and so-
called "temporary employees." The school boys have worked full
time during the summer vacation and the Company will continue to
employ them regularly after school hours and on Saturdays. They
receive 20 cents per hour less than the full-time employees, but other-
'The Field Examiner reported that the Union submitted 170 cards, 121 of which bore
apparently genuine original signatures ; that the names of 114 persons appearing on the
cards were listed on the Company's pay roll of June 25, 1945, which contained the names
of 170 employees in the appropriate unit and that the cards were all dated June 1945.
JUNG SHOE MFG. COMPANY 1243
wise their conditions of employment are the same. Since they are
regular part-time employees, we find that they are eligible to Vote .2
For a minimum of 90 days, the Company classifies as "temporary"
all new and inexperienced employees. These "temporary" employees
are in fact probationary employees, whom we customarily find eligible
to vote.3 We shall permit both the regular part-time students and
the probationary employees to participate in the election.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Otto Jung, Otto
Jung, Jr., & Edgar J. Jung, a partnership d/b/a Jung Shoe Mfg.
Company, Sheboygan, Wisconsin, 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 Thirteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
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
or temporarily laid off, and including employees in the armed farces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether `or not they desire to be represented by
International Fur R Leather Workers Union, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
2 See Matter of Champion Sheet Metal Company, 61 N. L. R. B. 511; Matter of Amboy
Milk Products Company, 56 N. L. R. B. 294.
s See Matter of Sears Roebuck and Company, 62 N. L. R. B. 674; also Matter of Western
Burlap Bag Company, 44 N. L. R. B. 356.