Paragon Slipper Co.

National Labor Relations Board - Board Decisions

Jun 27, 1938

7 N.L.R.B. 1213 (N.L.R.B. 1938)

In the Matter Of SAMUEL GOLDENBERG , DOING BUSINESS AS AN INDIVID-
UAL UNDER THE FIRM NAME AND STYLE OF PARAGON SLIPPER COMPANY
and BOOT & SHOE WORKERS UNION, A. F. OF L.
Case No. R-756.-Decided June 27, 1938
Shoe Manufacturing Industry-Investigation of Representativ' t: controversy
concerning representation of employees: rival organizations; doubt raised as
to majority status by consecutive changes of affiliation by employees between
rival unions-Strike-Unit Appropriate for Collective Bargaining: all employees
except supervisory, office, and maintenance employees and employees who have
right to hire and discharge : no controversy as to-Election Ordered
Mr. Albert Ornstein, for the Board. .
Mr. Morris A. Schoenfeld, of New York City, for the Company.
Miss Loretta Gordon, of Brooklyn, N. Y., for the B. & S. W. U.
Mr. Henry Sather by Mr. Irving Leuchter, of New York City, for
the United.
Mr. Allan Lind, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 15, 1938, Boot & Shoe Workers Union, herein called the
B. & S. W. U., filed with the Regional Director for the Second Region
(New York City) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of Para-
gon Slipper Company,' New York City, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On April 14, 1938, 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 Board Rules and Regulations-Series 1, as amended,
ordered an investigation and authorized the Regional Director to
I At the opening of the hearing counsel for the Board moved to amend the title of the
proceeding to read correctly as it is set forth in the title above . The Trial Examiner
granted the motion.
1213
1214
NATIONAL LABOR RELATIONS BOARD
conduct it and to provide for an appropriate hearing upon due notice.
On May 4, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
B. & S. W. U., and upon the United Shoe Workers of America, af-
filiated with the Committee for Industrial Organization, herein called
the United, a labor organization claiming to represent employees
directly affected by the investigation.
Pursuant to a notice of postponement, a hearing was held on May
12, 1938, at New York City, before William Seagle, the Trial Exam-
iner duly designated by the Board. The Board, the respondent, and
the United were represented by counsel and the B. & S. W. U. by its
representative. All participated in the hearing. Full opportunity
to be heard, to examine and to cross-examine witnesses, and to intro-
duce evidence bearing on the issues was afforded all parties. During
the course of the hearing the Trial Examiner made several rulings
on motions and on objections 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.
On May 18, 1938, the B. & S. W. U. requested an opportunity for
oral argument before the Board, pursuant to which, by notice issued
to all parties on May 27, a hearing.before the Board was scheduled
for June 9. None of the parties appeared for oral argument, how-
ever, on that day.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
Samuel Goldenberg, doing business as an individual under the firm
name and style of Paragon Slipper Company, is engaged in the manu-
facture, sale, and distribution of slippers. His manufacturing plant
is located at Brooklyn, New York. During 1937 the Company manu-
factured and processed goods valued at approximately $100,000. Of
the goods manufactured and processed approximately 90 per cent
were shipped to destinations located in States other than the State
of New York. The raw materials used by the Company consist of
leather, fabrics, heels, and other materials used in the manufacture of
slippers. Approximately 80 per cent of the raw materials used by
the Company were shipped from points located outside of the State
of New York.
II. THE ORGANIZATIONS INVOLVED
Boot & Shoe Workers Union is a labor organization affiliated with
the American Federation of Labor, admitting to its membership all
DECISIONS AND ORDERS 1215
production employees of the Company, excluding office, supervisory,
and maintenance employees.
United Shoe Workers of America is a labor organization affiliated
with the Committee for Industrial Organization, admitting to its
membership all production employees of the respondent, excluding
'office, supervisory, and maintenance employees.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to July 1937, the B. & S. W. U. had a closed-shop contract
with the respondent for a period of 3 years. Early in July 1937, a
petition for an investigation and certification of representatives pur-
suant to Section 9 (c) of the Act was filed by the United. On July
28, 1937, following the filing of said petition, and pursuant to an
agreement among the representatives of the two -contending unions
'and'the Company, a consent election was held by the agents of the
Board. The United won the election by a vote of 155 to 15. As a
result of the agreement for said election, the United succeeded to
the rights previously held by the B. & S. W. U. under its contract
with the Company.
In November 1937, a committee of five self-appointed representa-
tives of the employees came to the B. & S. W. U. headquarters and
declared themselves dissatisfied with the United. Michael Tesoro,
Eastern representative of the B. & S. W. U., advised them not to
take any affirmative action until February 15, 1938, when the con-
tract taken over by the United should expire. During the interim,
he advised the committee to have the employees sign B. & S. W. U.
pledge cards. By February 14, 1938, the committee had obtained
the signed pledge cards of 103 of the 150 employees of the Company.
On February 21, 1938, the B. & S. W. U., through its representa-
tive, wrote the Company indicating that the employees had changed
their affiliation and requesting the Company to bargain with it. The
Company refused to do so until proof was offered of the change. On
February 28 the B. & S. W. U. filed charges with the Regional
Director alleging that the Company had refused to bargain with it.
On or about March 3 Michael Tesoro, together with the committee
of five hereinbefore mentioned, met with the Company and its counsel
and furnished proof that it represented 103 of the 150 employees.
After the Company had checked the signatures on the pledge cards
it entered into a 2 weeks' probationary contract with the B. & S.
W. U. The B. & S. W. U. thereupon withdrew its charges.
On or about March 3 the United called a strike of the Company's
employees in protest against the contract made with the B. & S.
W. U. On the second day of the strike the Company closed its plant
because it feared the outbreak of violence. The strike continued for
1216 NATIONAL LABOR RELATIONS BOARD
several days during which time the United contends it convinced the
employees to rejoin the United.
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 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
At the hearing it was stipulated between counsel for the United
and the representative of the B. & S. W. U. that the appropriate
unit should consist of all production employees of the Company,
excluding supervisory, office, and maintenance employees, and those
who have the power to hire or discharge.
We find that all the production employees of the Company, exclud-
ing supervisory, office, and maintenance employees, and all those
who have the power to hire or discharge, constitute a unit appropriate
for the purposes of collective bargaining and that said unit will
insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Although the record does not disclose the exact number of
employees within the appropriate unit between November 1937 and
March 7, 1938, the evidence shows that not more than 150 employees
comprised the unit during this period. In support of its claim to
represent the Company's employees the B. & S. W. U. submitted
in evidence 103 application cards signed by the employees between
November 1937 and February 14, 1938. The United submitted into
evidence a petition signed by 149 of the 151 employees of, the Com-
pany on or about March 7, 1938, in which the employees repudiated
the B. & S. W. U. as their representative and reaffirmed their
2 See Matter of Novelty Slipper Co , and Employees of Novelty Slipper Co , Inc and
Boot cC Shoe Workers ' Union, A F of L., 5 N L R B 264
DECISIONS AND ORDERS 1217
membership in the United. The B. & S. W. U. claims that the peti-
tion does not reflect the true desires of the employees, but that the
signatures were obtained as a result of coercion. and intimidation
exercised by the United organizers in threatening bodily harm to
those employees who refused to remain with the United.
Pursuant to an agreement made between the Unions at the hear-
ing the field examiner for the Board compared the signatures on
the pledge cards and on the petition with the pay-roll list submitted
by the Company, which included approximately 150 employees that
had worked for the Company at any time during the period of 3
weeks prior to and including February 25, 1938. The examiner
found that all the signatures, were authentic, but, that of the 103 on
the pledge cards, 79 were on the pay-roll list and of the 149 on the
petition, 111 were on the pay-roll list. He also found that of the 79
employees signing the B. & S. W. U. pledge cards 78 had also signed
the petition of the United.
We find that the question which has arisen concerning representa-
tion can best be resolved by the holding of an election by secret
ballot.
At the hearing it was stipulated between counsel for the United
and the representative of the B. & S. W. U. that in the event an
election is ordered by the Board all those employees in the unit con-
sidered appropriate above that worked for the Company at any time
during the period of 3 weeks prior to and including February 25,
1938, should be eligible to vote. It was also agreed that if an elec-
tion were ordered the Company would furnish a certified list of such
employees and that this list should be utilized for the purposes of
the election. We shall so order.
On 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 Samuel Goldenberg, doing business as an
individual under the firm name and style of Paragon Slipper Com-
pany, Brooklyn, New York, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All the production employees of the Company, excluding super-
visory, office, and maintenance employees, and all those who have
the power to hire or discharge constitute a unit appropriate for the
purpose of collective bargaining, within the meaning of Section 9
(b) of the National Labor Relations Act.
1218 NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board.
to ascertain representatives for collective bargaining with Samuel
Goldenberg, an individual doing business under the firm name and
style of Paragon Slipper Company, Brooklyn, New York, an election
by secret ballot shall be conducted within fifteen (15) days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Second Region, acting 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 production
employees of Samuel Goldenberg, an individual doing business under
the firm name and style of Paragon Slipper Company, who were
employed by the Company during the period of 3 weeks prior to and
including February 25, 1938, excluding supervisory, office, and main-
tenance employees, and those who have the power to hire or dis-
charge, and those employees who quit or were discharged for cause
between such date and the date of election, to determine whether
they desire to be represented by Boot & Shoe Workers Union, affiliated
with the American Federation of Labor or by United Shoe Workers
of America, affiliated with the Committee for Industrial Organiza-
tion, for the purposes of collective bargaining, or by neither.