Brown Shoe Co., Inc.

National Labor Relations Board - Board Decisions

Feb 13, 1947

72 N.L.R.B. 593 (N.L.R.B. 1947)

In the Matter of BROWN SHOE COMPANY, INC., EMPLOYER and UNITED
SHOE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF
INDUSTRIAL ORGANIZATIONS, PETITIONER
Case No. 15-R-1907.-Decided February 13,1947
Messrs. H. F. Willhite, William Kant, and J. G. Alexander, all of
St. Louis, Mo., and Mr. F. Al. Lauder, of Pocahontas, Ark., for the
Employer.
Messrs. John Wiggs and L. R. Hoover, both of Jonesboro, Ark.,
for the Petitioner.
Mr. Arthur Christopher, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Poca-
hontas, Arkansas, on October 7, 1946, before T. Lory Whittaker, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from, prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Brown Shoe Company, Inc., a New York corporation with its prin-
cipal office and place of business in St. Louis, Missouri, is engaged in
the manufacture of shoes. In connection with its enterprise, the
Employer operates 26 plants located in Missouri, Illinois, Tennessee,
Indiana, and Arkansas. This proceeding is concerned only with the
plant located at Pocahontas, Arkansas. During the 12-month period
before the hearing, the Employer used at this plant raw materials
worth more than $100,000, of which amount in excess of 51 percent
represented shipments from sources outside the State of Arkansas.
During the same period, the Pocahontas plant manufactured shoes
valued in excess of $100,000, of which amount 51 percent represented
shipments to points outside the State.
72 N. L. R. B., No. 116.
593
594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accordance with the agreement of the
parties, that all employees of the Employer's-Pocahontas, Arkansas,
plant, including shipping clerks, the machinist, and the electrician, but
excluding the stock clerk, record writer, first-aid nurse, stenographers,
commissary clerks, miscellaneous clerks, instructors, foreladies, assist-
ant foremen, foremen, the factory engineer, assistant superintendent,
superintendent, office manager, and all other supervisory 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 bar-
gaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Employer took the position at the hearing and in its brief
that the holding of an election immediately after the date of the hear-
ing would be premature, contending that it had not attained 50 percent
of its anticipated full complement of employees in the appropriate
unit and that its operations were not stabilized. The Employer also
urged that any election which the Board might direct in this proceed-
ing should be postponed for a period of 3 months after October 7,
1946, the date of the hearing, or until there are at least 300 production
and maintenance employees.
The record reveals that the Employer commenced operations at its
Pocahontas plant during August 1945 with a complement of 20 em-
ployees. The staff was increased to approximately 225 employees on
September 29,1946, at which time the plant was moved to more spacious
BROWN SHOE COMPANY, INC. 595
quarters. At the time of the hearing, about a week later, the number
had increased to 257 employees. The Employer anticipates a full
complement of approximately 600 production and maintenance em-
ployees by May or June 1947. The record further discloses that the
contemplated expansion of the Employer's working force would de-
pend upon the Employer's ability to obtain additional shoe manu-
facturing machinery and an adequate supply of leather, both of which
items were critically "short"' at the time of the hearing. However,
despite the speculation of the Employer that sometime in the 3 months
following the hearing it might have to reduce temporarily its working
hours and possibly its staff of employees because of these shortages,
the Employer estimated it would produce 50 percent of its anticipated
peak daily production of 4,000 pairs of shoes later in that period.
It thus appears that the Employer expected the attainment of 50
percent of its anticipated full complement of employees in the appro-
priate unit by about January 7, 1947. As this date has passed, we see
no reason to withhold direction of an immediate election.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot, subject to the
limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Brown Shoe Company, Inc.,
Pocahontas, Arkansas, 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 Fifteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, among the 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 temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding those employees 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, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.