Rathy Shoes, Inc.

National Labor Relations Board - Board Decisions

Mar 10, 1950

88 N.L.R.B. 1035 (N.L.R.B. 1950)

In the Matter of KATHY SHOES, INC., EMPLOYER and UNITED SHOE
WORKERS OF AMERICA, LOCAL 122, CIO, PETITIONER
Case No. 21-RC-970.-Decided March 10, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Ben Grodsky,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The parties stipulated and we find that the following employees
of the Employer constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act:
All production workers at the Employer's Pomona, California,
plant, excluding maintenance, sales, professional, administrative, ex-
ecutive and clerical employees, truck drivers, guards, and supervisors
as defined in the Act.
5. At the date of the hearing herein, the Employer had temporarily
discontinued operations, but intends to resume production shortly.
We shall therefore direct that an election be held, at such time as the
Regional Director shall determine that production operations have
been resumed and that a representative and substantial segment of the
total working force has been employed, among the employees in the
88 NLRB No. 171.
1035
1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate unit who are employed during the pay-roll period imme-
diately preceding the date of the issuance of Notice of Election by the
Regional Director.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted on a date to be selected by the Regional
Director in accordance with the instructions set forth in paragraph
numbered 5, above, under the direction and supervision of the Regional
Director for the Region in which this case was heard, and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations, among the employees in the unit found appropriate
in paragraph numbered 4, above, who were employed during the pay-
roll period immediately preceding the date of the issuance of Notice
of Election by the Regional Director, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by United Shoe `Yorkers of America, Local 122, CIO.
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