International Shoe Co.Download PDFNational Labor Relations Board - Board DecisionsMay 5, 194456 N.L.R.B. 298 (N.L.R.B. 1944) Copy Citation In the Matter Of INTERNATIONAL SHOE COMPANY and UNITED SHOE WORKERS, OF AMERICA , LOCAL 116-A, CIO Case No. 14-7R-936.-Decided May 5, 1944 Mr. L. B. Brown, of St. Louis, Mo., for the Company. Mr. TPalter Shannon, of St. Louis, Mo., Mr. Robert L. Boyd, Mr. 'Emery Wilkey, and Mr. George E. Troutt, of Mt. Vernon, Ill., for the United. Mr. Chester Ford and Mr. Harry Hamm, of Mattoon, Ill., for ° District 50. Mr. William Strong, of counsel to the Board.' DECISION AND -DIRECTION OF ELECTION STATEMENT OF THE'CASE Upon a petition duly filed by United Shoe Workers of America, Local 116-A, CIO, herein called _the United, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of International Shoe Company, Mt. Vernon, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Harold L. Hudson, Trial Examiner. Said hearing was held at St. Louis, Missouri, on April 14, 1944.' The Company, the United; ,and Shoe" Workers of District 50, United Mine Workers of America, herein called District 50, appeared and participated. ' All parties were afforded full op- portunity 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 prejudicial error, and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. - Upon the entire record in the case, the Board makes the ' following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company is engaged in the manufacture and sale of footwear and operates factories, tanneries, and other plants in numerous States 56 N. L. R. B., No. 60. ' 298 , 'INTERNATIONAL SHOE COMPANY 299 .of the United States, including a plant at Mt. Vernon, Illinois, with which alone we are here concerned. More than 75 percent of the raw materials used at the Mt. Vernon plant, and more than 75 percent of the finished products of that plant moved in interstate commerce.in 1943. The products of the Company's Mt. Vernon plant in that year were valued in excess of $2,000,000. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act: II. THE ORGANIZATIONS INVOLVED United Shoe Workers of America, Local 116-A, affiliated with the Congress of Industrial Organizations, and Shoe Workers of District 50, United Mine Workers of America, are labor organizations ad- mitting to membership employees of the Company., III. THE QUESTION CONCERNING REPRESENTATION The Company-,has!refused to grant recognition to the United as the .exclusive bargaining representative of certain of the Company's em- ployees because of the conflicting representation claims of District 50. The United points ,to an expired contract with the Company, which was in effect between May 21, 1942, and March 30, 1944, as indicating that it represents a substantial number of employees in the unit here- inafter found appropriate. The contract was executed following a consent election on February 10, 1942, in which the United was selected by a majority of the Company's employees in the appropriate unit. District 50 submitted 64 designation cards bearing apparently genuine signatures of employees of the Company, about 661'of whom were in the appropriate unit on March 19, 1944. We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning ,of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with a stipulation of the- parties, that all employees of the Company at its Mt. Vernon, Illinois, plant, excluding bonded watchmen, clerical employees, foremen, and all other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em-' ployees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within - the meaning of Section 9 (b) of the Act.' 2 It is not clear whether the parties intend to include in the unit other watchmen , including militarized watchmen , if such are employed at the plant. Militarized watchmen are to be excluded from this unit , in accordance with our usual custom. 300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein; subject 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 Relations, Act, and pursuant to Article III, Section 9,.of National Labor Rela. tions Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with International Shoe Company, Mt. Vernon, Illinois, 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 Fourteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Sections. 10 and 11, of said Rules and Regulations, 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 the said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees 1n1 the armed' forces of the United States who present themselves in person at the polls, but excluding any 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 they desire to be represented by United Shoe Workers of America, Local 116-A, CIO, or by Shoe Workers of District 50, UMWA,2 for the purposes of collective bargaining, or by neither. 2 The unions have requested that their names appear on the ballot as shown above. The- request is granted. I Copy with citationCopy as parenthetical citation