Atlantic Footwear Co., Inc.

National Labor Relations Board - Board Decisions

Mar 26, 1938

6 N.L.R.B. 205 (N.L.R.B. 1938)

In the MATTER OF ATLANTIC FOOTWEAR COMPANY, INC. and UNITED
SHOE WORKERS OF AMERICA OF THE C. I. 0.
Case No. R-520
SECOND AMENDMENT TO DIRECTION OF ELECTION
March 26, 1938
On February 12, 1938, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election 1
in' the above-entitled proceeding. The Direction of Election pro-
vided that "an election by secret ballot shall be conducted within,
fifteen (15) days from the date of this Direction, under the direction,
and supervision of the Regional Director for the Second Region."
On February 24, 1938, the Board, having been informed by the
Regional Director for the Second Region that additional time would'
be required for the holding of said election, directed that the time
for the holding of the election be extended indefinitely.2
The Board hereby directs that said election shall be held within,
ten (10) days from the date of this Amendment to the Direction of
Election.
CHAIRMAN J. WARREN MADDEN took no part in the consideration
of the above Second Amendment to Direction of Election.
[SAME TITLE ]
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April 21, 1938
On November 16, 1937, United Shoe Workers of America, affiliated'
with the Committee for Industrial Organization, herein called the-
United, filed with- the Regional Director for the Second Region (New
York City) a petition alleging that a question affecting commerce had
arisen concerning the employees of Atlantic Footwear Company,
Inc., Passaic, New Jersey, herein called the Company, and requesting.
25 N. L. R. B. 252
2 5 N. L. R. B. 256.
205
206 NATIONAL LABOR RELATIONS BOARD
an investigation and certification of representatives pursuant to
Section 9 (c) of National Labor Relations Act, 49 Stat. 449, herein
called the Act. On November 16, 1937, 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 1, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
On December 3, 1937, the Regional Director issued a notice of hear-
ing to be held at New York City on December 10, 1937, copies of
which were served upon the Company, the United, and upon Boot
and Shoe Workers Union, Local 674, herein called Boot and Shoe
Workers Union.
Pursuant to the notice, a hearing was held at New York City on
December 10, 16, 21, and 23, 1937, before H. R. Korey, the Trial
Examiner duly designated by the Board. On February 12, 1938,
the Board issued a Decision and Direction of Election. On Febru-
ary 24, 1938, the Board issued an Amendment to the Direction of
Election, and on March 26, 1938, the Board issued a Second Amend-
ment to the Direction of Election. In its Decision the Board deter-
mined that the production employees of the Company constituted
a unit appropriate for the purposes of collective bargaining and
directed an election among these employees, to determine whether
they desired to be represented by the United, or by Boot and Shoe
Workers Union, or by neither.
Pursuant to the Direction of Election, as amended, a secret
ballot was conducted on March 26, 1938. Thereafter, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties to the proceeding her Interme-
diate Report on the ballot. Objections were filed to the ballot and to
the Intermediate Report by the Company. Upon careful considera-
tion of the objections the Board finds them to be without substantial
merit and they are hereby overruled.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible--------------------------------------- 50,
Total ballots cast ------------------------------------- -_--- 32
Total number of ballots counted ----------------------------- 32
Total number of votes in favor of-
United Shoe Workers of America, affiliated with the C. I. O-- 19
Boot and Shoe Workers Union, affiliated with the A. F. of L_ 0
Neither union-------------------------------------------- 13
Total number of blank ballots------------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of challenged ballots----- ---------------------- 0
DECISIONS AND ORDERS
CERTIFICATION OF REPRESENTATIVES
207
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Sections 8 and 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that United Shoe Workers of America, af ili-
ated with the Committee for Industrial Organization, has been se-
lected by a majority of the production employees of the Atlantic
Footwear Company, Inc., at its plant in Passaic, New Jersey, exclud-
ing clerical and supervisory employees, as their representative for
the purposes of collective bargaining, and that, pursuant to Section
9 (a) of the Act, United Shoe Workers of America is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.