Vulcan Corp.

National Labor Relations Board - Board Decisions

Jun 3, 1943

50 N.L.R.B. 93 (N.L.R.B. 1943)

In the Matter of VULCAN CORPORATION (WOOD HEEL DIVISION and
SHOE WORKERS OF DISTRICT 50, UMW OF A
Case No. R-5399.-Decided June 3, 1943
Mr. Clark M. Clifford, of St. Louis, Mo., and Messrs. R. A. Wester-
field and J. W. Gorman, of Effingham, Ill., for the Company.
Messrs. Joseph Ecoppi and Ralph McCaslin, of Mattoon, Ill., for.
the Union. -
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Shoe Workers of District 50, United
Mine Workers of America, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Vulcan Corporation, Effingham, Illinois, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Eugene M. Purver, Trial
Examiner. Said hearing was held at Effingham, Illinois, on May 19,
1943. The Company and the Union appeared, participated, 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 prejudi-
cial error and are hereby affirmed.
Upon the'entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Vulcan Corporation is engaged in the manufacture of wood heels
at Effingham, Illinois. This branch of the Company's business is
known as the Wood Heel Division. In 1942 at its Effingham plant
the Company used raw materials consisting of wood, scrap leather,
and celluloid, valued at approximately $195,000, 80 percent of which
50 N. L. R. B., No. 21.
93
94 DECISIONS OF NATUONAL LABOR R,EL`ATJiON5' BOARD
was sent to the Company's plant from points outside Illinois. Dur-
ing the same period, the Company finished at its Effingham plant,
wood heels, valued at approximately $325,000, 71 percent of which
was shipped to points outside Illinois.
The Company admits that it is engaged in commerce within the.
meaning of the National Labor Relations Act. .
II. THE ORGANIZATION INVOLVED
Shoe Workers of District.50 is a labor organization affiliated with
the -United Mine Workers of America, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 19, 1943, the Union by letter asked the Company to
recognize the Union as exclusive bargaining agent of the,Company's
employees in the Wood Heel Division. On March 27, 1943, the Com-
pany replied, stating that the employees were privileged to select
their bargaining agent by election under the supervision of the Board
and that the Company did not wish to deprive them of this privilege.
A statement prepared by the Regional Director and admitted into
evidence at the hearing indicates that the Union represents a sub-
stantial number of employees in the unit herein found appropriate."
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-,
ing of Section 9 (c) and Section 2 (6) and (7) of the-Act.
i
IV. THEE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
production and maintenance employees of the Company in the Wood
Heel Division, Effingham, Illinois, excluding supervisory and cleri-
cal employees, constitute a unit appropriate for the purposes of col-
lective 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 an election by secret ballot among all em-
ployees of the Company within the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
x The Union submitted 161 authorization cards, 102 of which, dated between January
28 and April 12, 1943, appear to bear genuine original signatures of employees on the
Company's pay roll of March 27, 1943.
There are approximately , 196 employees within the appropriate unit.
VULCAN CORPORATION 95
ately preceding the date of the Direction of Election herein, sub-
ject to the limitations and additions set forth in the Direction.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Vulcan Corpora-
tions, Effingham, Illinois, an election by secret ballot shall be con-
ducted as early 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 Board, and subject to
Article III, Section 10, of said Rules and Regulations, among all
employees in the unit found appropriate in Section IV, 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding employees who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Shoe
Workers of District 50, United Mine Workers of America, for the
purposes of collective bargaining.