Wind Innersole & Counter Co., Inc.

National Labor Relations Board - Board Decisions

Jun 26, 1951

94 N.L.R.B. 1553 (N.L.R.B. 1951)

WIND INNERSOLE & COUNTER "CO., INC. 1553
anomalous result. Thus, if the UAW-CIO and its Local 190 were the
petitioners in this case and sought to add the stationary operating en
gineers to their currently represented unit, the Board, in accordance
with the Great Lakes Pipe decision,9 would hold a Globe election for
these employees before permitting the UAW-CIO and its Local 190
to represent them. However, by dismissing the petition in the instant
case the UAW-CIO and its Local 190 are allowed as intervenors to
achieve the same result which they could have reached as petitioners
only by going to an election. Thus, if the UAW-CIO and its Local
190 so desire, they can represent the stationary operating engineers
despite the fact that these employees have not been given an oppor-
tunity to express their wishes.1°
In view of the foregoing, we cannot subscribe to the majority's reso-
lution of the issues involved herein. Accordingly, we would direct
a self-determination election for the stationary operating engineers.
and the union representing the other employees in the unit in which the residual group
would normally belong has specifically indicated an unwillingness to represent the group.
In our opinion, the Board, when directing elections in these cases, has emphasized
primarily the fact that the employees in the residual group were unrepresented and
should be given an opportunity to express their desires rather than the interest or
disinterest of the bargaining representative of the other employees.
B Great Lakes Pipe Line Company, 92 NLRB 583.
10 The UAW-CIO and its Local 190 are also gratuitously presented with a further
potential advantage. If for any reason they again desire not to represent the stationary
operating engineers, they can prevent any other union from doing so, unless the latter
union can win an election in the over-all unit, merely by the bare contention that they
represent or are willing to represent these employees.
WIND INNERSOLE & COUNTER CO., INC., and INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS,
AFL, LOCAL No. 653, PETITIONER. Case No. 1-RC-2f01. June 26,
1951
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Nathan Saks, hearing officer.
The hearing officers' rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its power in connection with this case to a three-member
panel [Chairman Herzog and Members Reynolds and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the'
Act.
1 Cut Sole Local No. 3, Brotherhood of Shoe and Allied Craftsmen, herein called the
Intervenor, was permitted to intervene upon its adequate showing of interest in this
proceeding.
94 NLRB No. 231.
953841-52-vol. 94-99
4
1554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The labor organizations involved claims to represent employees of
the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following rea-
sons:
The Petitioner requests a unit of truck drivers, helpers, and ware-
housemen. The Employer and the Intervenor contend that such a
unit is inappropriate, on the ground that these employees are essen-
tially production employees who have been included in an over-all
production unit for at least 10 years.
The Employer is engaged at Brockton-, Massachusetts, in the manu-
facture of inner soles and welting for shoes. The Employer has ap-
proximately 200 employees on its payroll. The 6 employees in the
unit sought comprise the shipping and receiving department. These
employees load and unload freight cars. In this connection, 2 of
these employees drive trucks to and from the railroad station and, at
times also make deliveries to local customers. However, it is undis-
puted that these 2 employees as well as the others here sought spend
the greater part of their time working throughout the plant with
production employees in the welting room, the bailing room, the tan-
nery, and the cutting room. From these facts, and upon the entire
record in this case, we believe that the Petitioner seeks to represent an
artificial grouping of employees which lacks the homogeneity and
cohensiveness requisite for the purposes of collective bargaining.2
Under these circumstances, we find that the requested unit is inappro-
priate and we shall therefore dismiss the petition.
Order
IT IS HEREBY ORDERED, that the petition herein be, and it hereby is,
dismissed.
See Chicago Pneumatic Tool Company , Inc., 89 NLRB 799; Capitol Records, Inc.,
89 NLRB 1545; W. F. Schraf t & Sons Corporation, 86 NLRB 77.
COOPER'S INC. and SEWING MACHINE MECHANICS ASSOCIATION OF
AMERICA, NEC , PETITIONER . Case No. 13-RC-1474. June 06,
1951
Supplemental Decision and Order
Pursuant to a Decision and Direction of Election issued by the Board
on February 5, 1951, in the above-entitled matter, an election by secret
ballot was held under the direction and supervision of the Regional
Director for the Thirteenth Region, among the employees of the
94 NLRB No. 223.