The H. C. Godman Co.

National Labor Relations Board - Board Decisions

Sep 28, 1948

79 N.L.R.B. 1030 (N.L.R.B. 1948)

In the Matter of THE H . C. GODMAN COMPANY, EMPLOYER and INTER-
NATIONAL UNION OF THE UNITED SHOE WORKERS OF AMERICA, CIO,
PETITIONER
Case Nos. 9-UA-791 and 9-UA-799. Decided September 28, 1948
DECISION
AND
ORDER
Upon separate petitions duly filed pursuant to Section 9 (e) (1)
,of the National Labor Relations Act, union-security elections were
conducted by the Regional Director for the Ninth Region, in accord-
ance with the provisions of Section 203.67 of the Board's Rules and
Regulations, at the Employer's plants at Logan, Ohio, on July 15,
1948 (Case No. 9-UA-792), and at Columbus, Ohio, on July 16, 1948
(Case No. 9-UA-791). At the close of each of the elections, the
parties were furnished a Tally of Ballots which, in each instance,
shows that a majority of the eligible employees voted in favor of the
proposition placed before them.'
On July 19, 1948, the Employer filed objections to the conduct of
the elections, alleging, in substance, that International Union of
United Shoe Workers of America, CIO, the Petitioner, is not, and
never has been, the bargaining representative of the employees, as
required by Section 9 (e) (1) of the Act, but that Local 153 and
Local 155, respectively, of the United Shoe Workers of America, CIO,
are and have been, the exclusive bargaining representatives of these
employees since they were so designated by the Board in 1941. On
August 20, 1948, after due investigation, the Regional Director is-
sued his Report on Objections.
In his Report, the Regional Director found that, on June 7, 1941,
pursuant to the results of a consent election, United Shoe Workers
.of America, Local 153, CIO, was designated by a majority of the
employees at the Employer's Logan, Ohio, plant as their bargaining
agent and that on December 1, 1941, as the result of a consent card
i I e., "Do you wish to authorize [ the Petitioner ] to enter into an agreement with your
Employer which requires membership in such union as a condition of continued
employment ?"
79 N. L. R. B, No. 127.
1030
THE H. C. GODMAN COMPANY 1031
check conducted by the Regional Director, United Shoe Workers of
America, Local 155, CIO, was designated by a majority of the em-
ployees at the Employer's Columbus, Ohio, plant as their bargaining
agent. He further found that, thereafter, from 1941 to 1945, successive
collective bargaining contracts covering these two groups of employees
were entered into between the Employer and United Shoe Workers
of America, Local 153 and Local 155, respectively ; that in 1946
and 1947, similar contracts covering these groups of employees were
executed by the Employer and "United Shoe Workers of America on
behalf of Local 153" and "on behalf of Local 155," respectively; and
that all such contracts have been signed by representatives of the
respective locals. Neither Local 153 nor Local 155 is in compliance
with Section 9 (f), (g), and (h) of the Act, as amended . Upon the
basis of these facts, administratively determined, the Regional Direc-
tor concluded that Locals 153 and 155 have in the past been parties
to and participated in the administration of collective bargaining
agreements covering the employees who participated in the elections
held in the instant proceeding; and that because of the failure of
Local 153 and Local 155 to comply with the filing requirements of the
Act, as amended, the Employer's objections raised substantial and
material issues which the Board should determine.
No exceptions have been filed to the Regional Director's Report.
Accordingly, we 2 adopt his factual findings and conclusions. Upon
the basis thereof, we conclude that the Petitioner is in fact acting in
behalf of its Local 153 and Local 155 in these proceedings and that
therefore, because of the failure of Local 153 and Local 155 to comply
with the filing requirements of the Act, as amended, we are precluded
from entertaining the petitions filed herein by their parent organiza-
tion.3 Accordingly, we hereby sustain the Employer's objections and
shall dismiss the petitions.
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petitions filed in this matter
be, and they hereby are, dismissed.
2 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
-powers in connection with this case to a three -man panel consisting of the undersigned
Board members [ Chairman Herzog and Members Reynolds and Murdock].
, See Matter of Lane-Wells Company , 77 N. L R . B. 1051 ; 79 N L. R. B. 252 ; Matter of
-Rub-R Engraving Company, 79 N. L. R. B. 332.