46 N.L.R.B. 688 (N.L.R.B. 1943)

Vinecour Shoe Co., Inc.

National Labor Relations Board - Board DecisionsJan 4, 1943

46 N.L.R.B. 688 (N.L.R.B. 1943)

In the Matter of VINEcouR SHOE COMPANY, INC. and UNITED SHOE WORKERS OF AMERICA, C. I. O. Case No. B-4670.-Decided January 4, 194 Jurisdiction : shoe manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal to accord recognition because of doubts as to whether former contract was operative; contract renewable from year to year in absence of 3 months' notice held no bar to, when petitioner gave Company notice of its claim to representa- tion prior to automatic renewal date ; election necessary. Unit'Appropriate for Collective Bargaining : all production employees of Com- pany, excluding executive, supervisory, office, and clerical employees ; stipula- tion as to. Miss M. Theresa Moran, of Haverhill, Mass., for the, Company. Grant & Angoff by Mr. Sidney Grant, of Boston, Mass., for the United. Mr. Louis Cokin, of counsel to the Board. 'DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon 'petition duly filed by United Shoe Workers of America, C.'I. 0., herein called the United, alleging that a question affecting commerce had arisen concerning the representation of employees of Vinecour Shoe Company, Inc., Haverhill, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Samuel G. Zack, Trial Ex- aminer. Said hearing was held at Haverhill, Massachusetts, on De- cember 15, 1942. The Company and the United appeared and partici- pated in the hearing.' Both parties were afforded full opportunity to be heard, to examine and cross:examine witnesses, and to introduce 1 Although Boot & Shoe Workers Union, A. F. of L., herein called the A. F. of L., was served with notice it did not appear at the hearing However, the president of the A. F. of L. notified the Regional Director that the A. F. of L was not interested in the instant proceeding and did not wish to participate in any election that might be directed as a result thereof. 4G N. L R. B., No. 81. 688 VINECOUR SHOE COMPANY, INC. i 689 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 THE COMPANY Vinecour Shoe Company, Inc. operates a plan at Haverhill, Massa- chusetts, where it is engaged in the manufacture of ladies' novelty shoes. A majority of all raw materials used by the Company is shipped to it from points outside the State of Massachusetts. The Company manufactures approximately 4,500 pairs of shoes daily, all of which is shipped to points outside the State of Massachusetts. H. THE ORGANIZATION INVOLVED United Shoe Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 15, 1942, the United requested the Company to recog- nize it as the exclusive representative of the Company's employees. The Company refused this request stating that it did not know whether or not it was operating under a contract with the A. F. of L. On January 3, 1941, the Company and the A. F. of L. entered into an exclusive bargaining contract. The contract provided that it should continue in effect until December 31,1941; and ,from year to year there- after unless 3 months' notice was given by either party thereto prior to any expiration date. On December 31, 1941, the contract apparently automatically renewed itself for a period of another year. As stated above, on, September 15, 1942, the United requested exclusive recogni- tion. Inasmuch as the United made its claim upon the Company prior to October 1, 1942, the date upon which the contract alluded to above would have renewed itself, we find that the contract does not constitute a bar to a determination of representatives at this time. A statement of the Regional Director, introduced into evidence at, the hearing, indicates that the United represents a substantial number of employees in the unit hereinafter-found to be appropriate.2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of 2 The Regional Director reported that the United presented 14 membership application cards bearing apparently genuine signatures of peisons whose names appeal on the Com- pany 's pay roll of October 9, 1942 . There are 40 employees on that pay roll who are in the appropriate unit. 504086-43-vol 46--44 690 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD Section 9 (c) and Section 2 ( 6) and (7) of the National Labor Rela- tions Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties , that all production employees of the Company, excluding executive , super- visory, office , and clerical 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 9, of National Labor Relations. Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Vinecour Shoe Company, Inc., Haverhill , Massachusetts , an election by secret bal- lot 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 First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 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 per- son at the polls, but excluding any who, have since quit or been dis- charged for cause, to determine whether or not they desire to be rep- resented by United Shoe Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.