The Fleischer Shoe Co.

National Labor Relations Board - Board Decisions

Mar 16, 1945

60 N.L.R.B. 1259 (N.L.R.B. 1945)

In the ' Matter of THE FLEISCHER SHOE COMPANY and - UNITED SHOE
WORKERS OF AMERICA , C. 1. 0.
Case No. 1-R-2295.-Decided March 16, 1945
Mr. Vernon C. Stoneman , of Boston , Mass., for the Company.
Mr. George Fecteau, of Manchester , N. H., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon . petition duly filed by United Shoe Workers of America,
C. I. 0., herein called the Union, alleging that a question affecting
`commerce had arisen concerning the representation of employees of
The Fleischer Shoe Company, Goffs Falls, New Hampshire , herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Samuel G. Zack,
Trial Examiner. Said hearing was held at Manchester , New Hamp-
shire , on February 17, 1945. The Company and the Union appeared,
participated , and were afforded full opportunity to be heard, to ex-
amine 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 opportunity to file briefs with the Board.
Upon the entire record in thecase,'the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Fleischer Shoe Company is engaged in the manufacture of
women's novelty shoes at Goffs Falls, New Hampshire. Over 40
percent of the raw materials used by the Company, is shipped to it
from points outside the State of New Hampshire. The Company
sells products valued in excess of $1,500,000 annually, over 90 percent
of which is shipped to points outside the State of New Hampshire.
'60 N. L. R. B., No. 218.
1259
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company admits that it is engaged in commerce within the(
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Shoe Workers of America is a labor organization affiliated
with the Congress of Industrial Organizatioils , admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be 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
The Union urges that all production and maintenance employees
of the Company, excluding executives and clerical and supervisory,
employees, constitute a unit appropriate, for the purposes of collective
bargaining. The Company took no position with respect to the unit.
Evidence introduced at the hearing indicates that the employees
claimed by the Union constitute a well-defined homogeneous group.
We find that all production and maintenance employees of the
Company, excluding clerical employees, executives, and all super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend 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
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the -Direction.
I The Field Examiner reported that the Union presented 176 application cards. There
are approximately 270 employees in the appropriate unit.
THE FLEISCHER SHOE COMPANY 1261
The Company employs one high school girl who reports to work
every working day between 2: 30 and 3: 00 p. in. and works along with
the other employees until the regular close of the workday. It appears
that she works under the same conditions as the other employees.
Inasmuch as she is a regular part-time employee, we find that she
has sufficient interest in the determination of a collective bargaining,
agent to entitle her to participate in the election.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) ofthe 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 The Fleischer
Shoe Company, Goffs Falls, New Hampshire, an election by secret
ballot shall be conducted as early as possible, but not later than sixty
(60) days from the date of this Direction, under the direction and
supervision of the Regional, Director for the First 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 Regula-
tions, among the employees in the unit found appropriate in Section
1V, 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 forces
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 election,
to determine whether or not they desire to be represented by United
Shoe Workers of America, C. I. 0., for the purposes of collective
bargaining. -