Paramount Shoe Co.

National Labor Relations Board - Board Decisions

Dec 31, 1942

46 N.L.R.B. 587 (N.L.R.B. 1942)

In the Matter Of PARAMOUNT SHOE COMPANY- a,nd UNITED 'SHOE
WORKERS OF AMERICA, C. I. O. -
Case No. C-4,547.-Decided December 31, 1942
Jurisdiction : shoe manufacturing industry.
Investigation and Certification of Representatives : existence of question: in-
ability to agree on consent election ; election necessary.
Unit Appropriate for Collective Bargaining : determination of appropriate units
dependent upon elections to be conducted among (1) cutting department, and
(2) all remaining employees excluding maintenance and shipping department
employees, with specified exclusions. I
Frey d3 Korngold, by Mr. Karol A. Korngold, of St: Louis, Mo.; for
the Company.
Mr. Victor B. Harris, of St. Louis, Mo., for the C. 1. 0.
Mr. Al Schweitzer, of St. Louis, Mo., for the A. F. ,L.
Mr. A. Summer Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by United Shoe Workers of America
(C. I.,0.), herein called the C. I. 0., alleging that a question affecting I
commerce had arisen concerning the representation of employees - of
Paramount Shoe -'Company, St. Louis, Missouri, herein' called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before William W. Ward, Jr., Trial
Examiner. Said hearing was held in St. Louis; Missouri, on November
12,.13, and 14, 1942. The Company, the C. I. 0., and Boot & Shoe
Workers Union, A. F. L., herein called the A. F. L.,.appeared, par-'
ticipated, and 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. The Company, the
C. I. 0., and the A. F. L., filed briefs which the Board has duly con-
sidered. S
48 N. L R B.. No; 68.
587
588 DECISIONS OF ,NATIONAL LABOR RELATIONS' BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Paramount Shoe Company, a Missouri corporation, has its principal
office and 'place of business in St. Louis, Missouri, where it is engaged
in the manufacture and sale of women's shoes. During the past 12
months, the Company purchased for use at its St. Louis, Missouri,
plant, raw materials valued in excess of $700,000, of which approxi-
mately 75 percent was obtained from points outside the State of Mis-
souri. During the. same period, the Company manufactured and sold
finished products valued in excess of $1,500,000 of which approxi-
mately 75 percent was shipped to points outside the State of,Missouri.
The Company admits that it is engaged in commerce within the mean-
ing of the, National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Shoe Workers of America, is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
Boot & Shoe Workers Union is a labor organization affiliated with the
American Federation of Labor, admitting to membership' employees
of the Company. '
III. THE QUESTIONS CONCERNING REPRESENTATION
On or about June 8, 1942, all the parties to the present proceeding
met at the- Regional Office of the Board to discuss the possibility
of a consent election. The parties were unable to reach an agreement
and the matter was thereupon referred to the Board.
A statement of the Regional Director, together with other evidence
introduced in evidence at the hearing, indicate that the C. I. O. and
the A : F: L. each represents a substantial number of employees in the
unit claimed by each to be appropriate.'
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2'(6) and (7) of the National Labor Re-
lations Act.
1 The 'Regional Director reported that the C. I. O. had submitted 393 dues-payment regis-
try cards , of which 374 appeared to bear the names of persons ' on the Company 's pay roll
of May 26 , 1942, containing the names of 559 employees . The dues-payment cards indi-
cated that the signers thereof had paid dues up to July of 1942. In addition , there was
evidence at the-hearing to the effect that the A. F. L. represented 'approximately 68 cutters
from a total of 121 employees in the cutting department.
PARAMOUNT SHOE COMPANY •• - - 589
IV. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES
The C. I. O. contends that the appropriate unit should; consist of all
the production and maintenance employees of the Company including
two designers and excluding supervisory and office employees: The
A. F. L. and the Company contend that there should be a separate unit
of the cutting department in addition to an industrial unit covering
the remaining departments and excluding the two designers.
The Company is divided into nine departments consisting of the
cutting department, the fitting room, sole leather, lasting, wood heel,
finishing, packing, and maintenance departments. The plant organ-
ization of the Company is such that all operations are conducted in
the same building, without walls or doors separating departments
where located on the same floor. The process of making shoes is a
continuous one from the time the leather is cut until the finished
shoes are packed in boxes, the departments in this respect being inter-
dependent in their relation to one another. Almost all production
workers work on a piece basis, are paid in the same way and on the
same day, ,punch 'the same time clock, are on the same pay roll and
observe the same hours. The history of collective 'bargaining, in' the
industry, particularly in the St. Louis area, ' in which the Company
is located, contains many instances of industrial units. This history
combined with the facts'sta'ted above, supports the feasibility of estab-
lishing an industrial unit, as sought by the C. I. O. Other factors,
however, favor a separate cutters' unit.
The 121 employees in ,the cutting department consist of approxi-
mately 68 men and 53 women. Of the 68 men all are cutters and
of the 53 women, all do work closely connected with cutting. The
cutting department is under the supervision of a separate foreman
having the right to hire and discharge employees. There is very
little interchange of employees between the cutting department and
the remainder of the plant. The cutters as a class perform work
for which experience gained in other departments is of little benefit
because of the differences in skills and tecliniques. For the past,9
or 10 years; the male cutters have been represented by the A. F. L.
which has bargained regularly with the Company with'respect to
wages and hours and has established in practice a closed shop for
male cutters.- In addition, the A. F. L., while not representing the
women employees has, nevertheless, supplied the Company with
women- employees' when -needed in the cutting department. Em--
ployees in the remaining departments, aside from the maintenance
and shipping departments which are unorganized, have been repre-
sented in collective bargaining by the C. I. O. for about the same
period. During this period neither union has made a. determined
effort to organize employees represented by he other.
590 DECISIONS OF NATIONAL -LABOR--'RELATIONS BOARD
\ In- these, circumstances, the employees- of the cutting department
could function either as a separate unit 2 or as part of a single indus-
trial unit. Accordingly, we shall direct that an election' be held
among the employees of the cutting department excluding super-
visors, to determine whether they wish to be represented by the
A. F. L. or the C. I. 0., or by neither; and that a second election be
held among the employees of the remaining departments subject to
certain exclusions, to determine whether or not they wish to be rep-
resented by the C. I. 0. Upon the result of thesetelections will depend
in part the 'appropriate unit or units. If the employees of the cut-
ting department select a representative other than the representative
selected by the employees in the industrial unit, they will constitute
a separate unit. If they choose the same representative they will be
merged into a single unit with such employees.
There remains for consideration the extent of the industrial unit
acid the minor controversy as'to the exclusion or inclusion of the two`
designers. It appears'that neither the maintenance nor the shipping
department has been organized by either union. Moreover, the
employees of these departments, unlike those of the production
`departments', are paid, salaries and are carried on a separate pay
roll together with the office. employees. . Under the circumstances,
we find that the employees of the maintenance and shipping depart-
ments have no community of interest with the production department
employees. We shall,- therefore, exclude them from the industrial
unit. The same conclusion is applicable to the two designers; they
are salaried employees and model and design shoes in a room apart
from the rest of the plant. They have never been represented by
the unions herein involved.
We find that all employees of the Company in departments other
than the cutting, maintenance and shipping departments and exclud-
ing supervisory, office employees, and the two designers, may properly
constitute a unit approprite for the purposes of collective bargaining;
and that the employees of the cutting department, excluding super-
visory employees, may constitute. a unit approprite for the purposes
of collective bargaining.- We shall, therefore, make no final deter-
mination of the appropriate unit or units pending the outcome of
the elections which we shall direct.,
2 See Matter of Strong , Hewat & Co., Inc. and Strong , Hewat Ind. Woolen Workers
,Union, 41 N. L. R. B. 1166; Matter of Greenway Wood Heel Co., Inc. and / or Silver J.
Lalumiere , Mary M. Lyons and Henry J. Lalumiere d/b/a S . & L. Wood Heel, Company
and Heel Makers Fedrral , Labor Union No. 2274 (A. F if L ) 43 N. L R B 752 . Matter
of Cannon Shoe Company and Cutting Room Local # 186, and United Shoe Workers of
America, affiliated with the C. I. 0., 37 N. L. R. B. 825, relied upon by the C I 0., is dis-
tinguishable from the facts in the present case since there it appears that all departments
of the factory were in one room ; that the employees in the different departments per-
formed similar work and were occasionally interchanged ; and that the parent union, of
the petitioning union was in process of organizing the production employees in the several
departments oiran industrial basis.
PARAMOUNT SHOE COMPANY , 591
We find that the questions concerning representation which have
arisen can best be resolved by means of elections by secret ballot
among the employees who were employed during the pay-roll period
immediately preceding the date of the Direction of Elections herein,
subject to the limitations and additions set forth ' in the .Direction._
DIRECTION OF ELECTIONS
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 9, of National Labor
Relations Board Rules̀ and, Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Paramount Shoe
Company, St . Louis , Missouri; elections by secret , ballot shall be
conducted as soon 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 Fourteenth Region, acting in this
matter'as agent for the National Labor Relations Bard and subject
to Article III, Section 10, of said Rules and 'Regufatiohs : -
1. Among the-employees in the cutting department of the Com-
pany, 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 forces of the United States who present themselves in person
at the polls , but excluding supervisory employees, and employees
who have since quit or been discharged for cause , to determine
whether they desire to be represented by United Shoe Workers of
America, affiliated with the Congress of Industrial Organizations, or
by Boot & Shoe Workers Union, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining , or. by neither.
2. Among all the employees of the Company in departments other
than the cutting , maintenance , and shipping departments , 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 forces of ' the United
States who present themselves in person at the polls , but excluding
supervisory and office employees , and designers , and 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, -•affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.