Leighton Heel and Counter Corp.

National Labor Relations Board - Board Decisions

Jan 25, 1945

60 N.L.R.B. 224 (N.L.R.B. 1945)

In the Matter of LEIGHTON HEEL AND COUNTER CORPORATION and
UNITED SHOE WORKERS OF AMERICA, CIO
Case No. 5-R 1779.Decided January 925, 1945
Messrs. Leon Leighton , Jr., and H. L.- Stetson , of Lynchburg, Va.,
for the Company.
Mr. Frank McGrath, of Washington , D. C., and Messrs . Raymond
H. Goff, Rubert Thrasher , and Cecil Nash, of Lynchburg , Va., for the
Union. -
Mr. Harold M . Humphreys , 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,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Leigh-
ton Heel and Counter Corporation, Lynchburg, Virginia, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before George L. Weasler, Trial
Examiner. Said hearing was held at Lynchburg, Virginia, on January
5, 1945. The Company and the Union appeared and participated.
All parties were afforded 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. 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
Leighton Heel and Counter Corporation, a Virginia corporation,
is engaged at Lynchburg, Virginia, in the manufacture of shoe heels
and counters. During the fiscal year ending August 31, 1944, the
v 60 N . L. R. B., No. 47.
224 -
LEIGHTON HEEL AND COUNTER CORPORATION 225
Company purchased raw materials, consisting of leather, leather
board and fibre board, valued at $112,000, of which approximately
90 percent was shipped to it from points outside the State of Virginia.
For the same period, the Company's total sales of finished products
amounted in value to approximately $200,000, of which approximately
27 percent was shipped to points outside the State of Virginia.
The Company admits that it is engaged in commerce with the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED .
United Shoe Workers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its employees
until the Union has been certified by the Board in an appropriate
unit.
A statement of,aj3oard agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.l
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 parties are agreed that all production and maintenance em-
ployees of the Company at its Lynchburg, Virginia, plant, excluding
clerical and supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining. However, the Company urges
that the foreman of the heel department, W. H. Ramsey, be included
in the unit, whereas the Union requests his exclusion on the ground
that he is a supervisory employee.
The Company's operations, consisting of the manufacturing of
heels and shoe counters, are supervised by a manager. Immediately
below the manager in the plant hierarchy is a superintendent having
authority to hire and discharge employees. The foreman of the heel
department 2 works under the superintendent, gives the machine oper-
' The Field Examiner reported that the Union submitted 28 application for membership
cards and that there are approximately 35 employees in the alleged appropriate unit. The
Union submitted 3 additional cards at the hearing.
2 Apparently the only foreman engaged by the Company.
P
628563-45-vol 60-16
226 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
'-ators "working tabs," checks and corrects' the quality of their work-
and ascertains their working time for pay-roll purposes 3
It appears that his hourly rate is higher than that of the employees
whose work he supervises and that he has authority to effectively
,recommend their transfer from one position to another. We are of
the opinion that the foreman of the heel department possesses suffi-
cient indicia of supervisory authority to warrant his exclusion from
the unit.
According, we find that all production and maintenance employees
of the Company at its Lynchburg, Virginia, plant, excluding clerical
employees, the manager, the superintendent, the foreman of the heel
department, 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 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 foj 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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part "of the investigation to ascertain representa-
tives for the purposes of collective bargaining within Leighton Heel
and Counter Corporation, Lynchburg, Virginia, 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 su-
pervision of the Regional Director for the Fifth 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 said pay-roll period because they were ill or on-vacation or
temporarily laid off, and including employees in the armed forces of
3 When necessary he also operates machines.
LEIGHTON HEEL -AND COUNTER CORPORATION 227
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, CIO, for the purposes of collective
bargaining.
CHAIRMAN Mi Lis took no part in the consideration of the above
Decision and Direction of Election. - - -