Willits Shoe Co.

National Labor Relations Board - Board Decisions

Jan 9, 1941

28 N.L.R.B. 1030 (N.L.R.B. 1941)

In the Matter of WILLITS SI IOE Co. and UNITED SHOE WORKERS OF
AMERICA, C. I. O.
Case No. R-2221.Decided January 9, 1941
Jurisdiction : shoe manufacturing industry.
Investigation and Certification of Representatives : existence of question:
agreement as to ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding foremen, executives, supervisors, sales and clerical em-
ployees, and watchmen, stipulation as to.
Nauman, Smith ce flurlock by Mr. Paul G. Smaith, of Harrisburg,
Pa., for the Company.
Mr. Joseph Shafer, of Harrisburg, Pa., for the Union.
Mr. Harry Cooper, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 18, 1940, United Shoe Workers of America, C. I. 0.,
herein called the Union, filed with the Regional Director for the
Fourth Region (Philadelphia, Pennsylvania) a petition alleging that '
a question affecting commerce had arisen concerning the representa-
tion of employees of Willits Shoe Co., Halifax, Pennsylvania, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On November 15,
1940, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section'
3, of National Labor Relations Board Rules and Regulations-Series
2, as amended, ordered an investigation and authorized the Regional
Director, to conduct it and to provide for an appropriate hearing upon
due notice.
On December 5, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Union, and Boot & Shoe Workers Union, alleged in the. petition as
claiming to represent employees of the Company affected by the in-
28 N L R. B , No. 152.
1030
P
WILLITS SHOE CO. 1031
vestigation. Pursuant to notice, a hearing was held on December 19,
1940, at Harrisburg, Pennsylvania, before Jack Davis, the Trial Ex-
aminer duly designated by the Board. The Company was represented
by counsel; the Union, by its representative; each participated in the
hearing. Boot & Shoe, Workers Union did not appear. Full, oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
'introduce evidence bearing upon the issues was afforded all parties.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE I3USINESS OF TIIE COMPANY
Willits Shoe Co. is a Pennsylvania corporation, having its principal
office and plant in Halifax, Pennsylvania, where it is engaged in the
manufacture, sale, and distribution of shoes. Between January and
November 1940, the Company purchased raw materials having an
approximate value of $166,788. About 86 per cent of such materials
were shipped and transported to the Company's plant from points
outside the State of Pennsylvania. During the'same period the Com-
pany sold products having an approximate value of $433,519, of which
90 per cent were shipped to points outside the State of Pennsylvania.
II. THE ORGANIZATION INVOLVED
United Shoe Workers of America, C. I. 0., is a labor organization
admitting to its membership employees of the Company.
III. THE QUESTION, CONCERNING REPRESENTATION
At the hearing it was stipulated by the Company and the Union
that a question concerning representation has arisen in that on or
about September 4, 1940, the Union requested the Company to bargain
collectively with it and the Company refused so to bargain in the
absence of Board certification of the Union as the exclusive represen-
tative of its employees in an appropriate bargaining unit. There was
introduced in evidence a report prepared by the Regional Director
showing that the Union represents a substantial number of employees
in the unit found below to be appropriate for the purposes of col-
lective bargaining.'
We find that a question has arisen concerning the representation
of employees of the Company.
1 There are about 160 employees within the appropriate unit According to the Regional
Director ' s report, the Union submitted to him 81 authorization cards, all of which appear
to bear genuine , original signatures , and all but two of which bear the names of persons
appearing on a list of employees submitted by the Company to the Regional Director on
October 25 ,.1940.
1032 DECISIONS OF NATIONAL- LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in -connection. with the operations. of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the 'hearing, the Company and the Union stipulated and we
find that all production and maintenance employees of the Company
at its Halifax plant, excluding foremen, executives, supervisors, sales
and clerical employees, and watchmen, constitute a unit' appropriate
for the purposes of collective bargaining. 'We further find that said
unit will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. We shall
direct that those eligible to vote in the election shall be the employees
in the appropriate unit who were employed by the Company during
the pay-roll period immediately preceding our Direction of Election,
including employees who did not work during such pay-roll period
because they were ill or on vacation and employees who were then
or have since been temporarily laid off, but excluding those who have
since quit or been discharged for cause.
Upon the basis of the above findings of 'fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Willits Shoe Co., Halifax, Pennsylvania,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
2. All production and.-maintenance employees of the Company at
its Halifax, Pennsylvania, plant, excluding foremen, executives, su-
pervisors, sales and clerical employees,, and watchmen, constitute a
unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act:
WILLITS SHOE CO. 1033
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations, Board Rules and, Regulations-Series 2, as amended,. it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the,purposes of collective bargaining
with Willits Shoe Co., Halifax, Pennsylvania, an election by secret
ballot shall be conducted 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 Fourth Region, acting
in this matter as agent for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations, among
all production and maintenance employees of Willits Shoe Co. at its
Halifax, Pennsylvania, plant, who were employed by it during the
pay-roll period immediately preceding the date of this Direction,
including employees who did not work during such pay-roll period
because they were ill or on vacation and employees who were then or
have since been temporarily laid off, but excluding foremen, execu-
tives, supervisors, sales and clerical employees, watchmen, and those
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, C. I. 0., for the purposes of collective bargaining.
CHAIRMAN"HARRY A. MILLIS took no part in the consideration of
the above Decision and Direction of Election.