Marshall, Meadows & Stewart, Inc.

National Labor Relations Board - Board Decisions

Aug 8, 1945

63 N.L.R.B. 233 (N.L.R.B. 1945)

In the Matter of MARSHALL , MEADOWS & STEWART, INC. and UNITED-
SHOE WORKERS OF AMERICA, C. I. O.
Case No. 3-1?-8661
SUPPLEMENTAL DECISION
AND
ORDER
August 8, 1.945
On January 17, 1945, the Board certified United Shoe Workers of
America, C. I. 0., herein called the Union, as the exclusive collective
bargaining representative of the Company's employees in a desig-
nated bargaining unit.' The Company has filed with the Board a
"petition," dated July 5, 1945, seeking rescission of the certification
issued by the Board.
The Company states in its "petition" that it believes the certification
is no longer effective because in June 1945 it received a petition signed
by 164 employees out of a total of 233 in the bargaining unit reciting
in substance that they no longer wished to be represented by the Union
and desired a "new vote." The Company further asserts that a new
labor organization has been formed by employees.2
We are of the opinion and find that the representations of the Com-
pany do not warrant rescinding or annulling the Union's designation
as the exclusive bargaining representative. A certification is effective
for a reasonable length of time, which, absent unusual circumstances,
is customarily 1 year.3 Here only 6 months have elapsed since the
certification and a charge of refusal to bargain is pending before this
Board. The allegation that a majority of the employees in the unit
have indicated by means of an informal petition to the employer that
they no longer desire to be represented, by the Union is far from suffi-
' The election was held on November 17, 1944, pursuant to the Board ' s Decision and
Direction of Election issued October 28, 1944 58 N L. R B 1489 . Of the approximately
251 eligible voters, 240 cast valid ballots, of which 121 were for the Union and 119 against
2 No claim is made that the Union has ceased to function On the contrary , the Com-
pany avers that it and the Union have unsuccessfully negotiated with respect to a contract
over a period of 6 months The Union on May 10, 1945, filed charges which are now
pending, alleging , enter alia, that the Company has unlawfully refused to bargain. Case-
No. 3-C-787
3 Matter of Bohn Aluminum and Brass Corp. , 57 N L It. B 1684 ; Matter of A7uminum
Company of America, Newark Works, 57 N. L. It B. 913.
63 N L. R. B , No. 34.
233
234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cient, in our opinion, to overcome the desires of the majority as ex-
pressed in the recent election by secret ballot. Accordingly, we find
that the certification of January 17, 1945, is still operative, and we shall
deny the Company's motion for rescission 4
ORDER
IT IS HEREBY ORDERED that the "Petition for Rescission of Certifica-
tion of Representatives," filed by Marshall, Meadows & Stewart, Inc.,
Auburn, New York, be, and it hereby is, denied.
4 See Matter of Botany Worsted Mills, 41 N. L. R. B. 218, enf ' d as mod. 133 F. (2d) 876
(C C. A. 3) , Matter of Appalach i an Electric Power Co, 47 N. L R. B. 821, enf ' d, 140 F.
.( 2d) 217 ( C. C. A. 4) ; Matter of The Century Oxford Manufacturing Corp., 47 N. L. it. B.
835, enf'd, 140 F. (2d) 541 (C. C. A. 2).