S. & L. Wood Heel Co.

National Labor Relations Board - Board Decisions

Aug 28, 1942

43 N.L.R.B. 752 (N.L.R.B. 1942)

r
In the Matter of GREENWAY WOOD HEEL Co., INC., AND/OR SILVER J.
LALUMIERE , MARY M. LYONS AND HENRY J. LALUMIERE D/B/A S. &
L. WCOD HEEL COMPANY and HEEL MAK1RS FEDERAL LABOR-UNION
No. 22714 (A. F. OF L.)
Case No. B-4099.-Decided August 28,194
Jurisdiction : wood heel manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : employees of the Wood Heel Turn-
ing department separate from Finishing department held to constitute an ap-
propriate unit in view of their separate interests and the limited extent of
union organization.
Mr. Silver J. Laluumiere, of Methuen, Mass., for Greenway and the
Company.
Mr. Edward A. Raleigh, of Boston, Mass., for the Union.
Mr.,A. Sumner Lawrence, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended petition duly filed by Heel Makers Federal Labor
Union No. 22714 (A. F. of L.), herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Greenway Wood Heel Co., Inc., herein called Green-
way, and/or Silver J. Lalumiere, Mary,M. Lyons and Henry J. Lalu-
miere doing business under the name and style of S. & L. Wood Heel,
Company, Methuen, Massachusetts, herein called, the Company, the
National Labor Relations Board provided for an^appropriate hearing
upon due notice before Samuel G. Zack, Trial Examiner. Said hear-
ing was held at Methuen, Massachusetts, on July 28, 1942. Greenway,
the Company, and the Union appeared, participated, and were afforded,
43 N. L. B. B., No. 119.
752
GREENIWAY WOOD HEEL CO., INC. "753
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 prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS.OF FACT
1. THE BUSINESS OF GREENWAY AND THE COMPANY
Greenway Wood I-Teel Co.,,Inc., is a Massachusetts corporation with
its office and principal place of business at Methuen, Massachusetts.
Prior to February 1942, it had been engaged for 14 years in the busi-
ness of making wood heels. In February 1942, Greenway was partially
liquidated and its stock and equipment for making wood heels were
transferred to the Company, which continued the business of making,
wood heels at the same location on a portion of the premises formerly
used by Greenway. Greenway still exists, however, and retains an
office on the premises where its books are kept separate from those of
the Company. The business of Greenway now consists entirely of
dealings in lumber and machinery and the renting of trucks, which it
ow ns, to the Company. The employees here involved ,are employed
solely by the' Company which is tv partnership compdsed of three 'in-
dividuals and which alone operates the wood heel business. Both
concerns are substantially owned and managed by Silver J. Lalumiere,
who is an officer of Greenway and one of the partners. While the
Company's products are distributed locally within the Commonwealth
of Massachusetts, the Company has, during the present year, purchased
weekly, for use in its wood heel business, lumber valued at approxi-
mately $1100, all of which has been obtained'from sources outside the,
Commonwealth of Massachusetts.
Although the evidence shows that Greenway and the Company are
closely °related and are controlled by the same person, we find upon
the state of the present record that Greenway is not an employer within
the meaning of the National Labor Relations Act, of the employees
here involved, and we shall accordingly dismiss the petition as to it.2
1 At the opening ' of the bearing the representative of Greenway and the Company,
who was the chief officer of both, requested an adjournment for an unstated period on
the ground that he had been unable to retain counsel because of illness and absence from
the office The Trial Examiner denied the motion in view , inter alia, of the fact that a
request for a week ' s continuance had previously been granted After denial of the motion,
the representative of Greenway and the Company participated in the hearing. We affirm
the Triitl' Examiner ' s ruling
" z Matter of S A Kendall, Jr, H E. Ream, Stanley Ashby, and Lester Yutzy , Stanley
Coal Company, Kray Coal Company o1 whatever name doing buseness,'and J. P. Wright,,
et al and United Mine Workers of America, District # 31, affiliated with CIO, 38 N. L.
R B 1071:
481039-42-vol 43-48
754- ;DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
We find that Silver J: Lalumiere, Mary M. Lyons and, Henry J.
Lalumiere, doing business under the name and style of S. & L. Wood'
Heel Company, are employers of the employees here involved, ,within
the meaning of Section 2 (2) of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Heel Makers Federal-Labor Union No. 22714 is a labor organization
affiliated with .the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about April 21, 1942, the Union requested that the 'Company
bargain collectively. , The Company declined, 'apparently on the
ground that the proposed unit was inappropriate for purposes of col-
lective bargaining.
A statement of the Regional Directof, introduced in evidence at
the hearing, shows that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.
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.
The Union contends that the appropriate unit should consist of all,
employees of tlie,Company in the'Wood Heel Turning Department,
exclusive of supervisory employees. The Company' contends that
the appropriate unit should include both the Finishing Department
and the Wood Heel Turning' Department.
It appears that the work of the Wood Heel Turning Department
is a skilled operation involving the use of knives, saws, and cutters
and is entirely different from that of the Finishing Department,
which is located on a separate floor of the plant. The record further
indicates that there are few interchanges of employees between the
two departments;, that promotions of employees are confined to the
particular department in which they are employed; that .the Wood-
Heel Turning Department is the only department in which organ-
The Regional Director reported that the Union had submitted 20 signed authorization
cards,, all undated and all bearing apparently genuine original signatures of persons
whose names are on a list of the Company's employees in the Wood Heel Turning Depart-
ment for the period ending May 15, 1042, containing a total of 20 names. The, Regional
Director further reported that the Company.had refused a request for a pay roll in order
to` check the Union's authorization cards, that at the request of the Regional Director
an, employee who had worked, for the Company for a long period of,time submitted to
,the, Regional Office a li st of employees in the Wood Heel Turning Department,, and that
it-was from,this list that the check indicated above was made.
GREENWAY- WOOD ' HEEL CO., INC. - 755
ization has been attempted by the Union; and that- the Union, which
is made up exclusively, of wood heel turners , has entered into con-
tracts covering only such employees in other plants.
We find, , in view of the difference in •interests _ of the employees
of the Wood Heel Turning Department and those of the Finishing,
Department and the fact that union organization is at present con-
fined to the Wood Heel Turning Department, that the Company's
employees in the Wood Heel Turning Department , excluding super-
visory employees , constitute a unit' appropriate for the purposes of
collective 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 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 Rela
tions Act, and pursuant to Article III, Section 8, of the National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIECTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Silver J.
Lalumiere, Mary Al. Lyons and Henry J. Lalumiere, doing business
under the name and style of S. & L. Wood Heel Company, Methuen,
Massachusetts, 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 Di-
rector for the First 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 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 any such employees who did. not work during the pay-roll
period because they were ill or on vacation or in the active military
service or training of the United States, or, temporarily 'laid off, but
excluding any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Heel
Makers Federal Labor Union No. 22714 , affiliated with the American
Federation of Labor, for the purposes of collective bargaining.
756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
IT IS HEREBY ORDERED that the petition be, and it hereby is, dis-
missed, insofar as it alleges that a question affecting commerce has
arisen, concerning the representation of employees of Greenway
Wood Heel Co., Inc.
CHAIRMAN MILLIS took no part in' the consideration of the above
Decision, Direction of Election, and Order.