A. E. Nettleton Co.

National Labor Relations Board - Board Decisions

Dec 7, 1945

64 N.L.R.B. 1249 (N.L.R.B. 1945)

In the Matter of A: E. NETT ETON COMPANY and UN ITED S I I oEwORKEI{s
o b' AMERICA, CIO
Case No. 3 R-1028.-Decided December';, 1945
Bond, Schoeneck cf King, of Syracuse, N. Y., for the Company.
Harry 8acher, by Vr. Samuel M. Sacher, of New York, N. Y., and
Mr. John J. Maurillo, of Syracuse, N. Y., for the Union.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STAThMENT or THE CASE
Upon petition duly filed by United Shoeworkers of America, CIO,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of A. E. Net-
tleton Company, Syracuse, New York, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Eugene von Wellsheim, Trial Exam-
iner. The hearing was held in Syracuse, New York, on October 4,
1945. The Conlpany and the Union appeared at and participated in
the hearing, and all parties were afforded full opportunity to be heard,
to examine and to cross-examine witnesses, and to introduce evidence
bearing on the issues. During the hearing, the Company moved to
dismiss the proceeding on the ground that the petition for certifica-
tion of representatives was dated and docketed with the Board prior
to the existence of a question concerning representation. For the
reasons set forth in Section III, in f i a, the motion is denied. The
Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board slakes the following:
FINI)INGS OF FACT
J. 'FILE IiUSINESS OP''rI(E COIII'AN)-
A. E. Nettleton Company, a New York corporation, has its prin-
cipal office and plant at Syracuse, New York, where it is engaged in
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1250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the manufacture of men's and women's shoes. During the period from
September 1, 1944, to September 1, 1945, the Company used at its plant
raw materials of a value exceeding $250,000, of which approximately
90 percent was obtained from points outside the State of New York.
During the same period, the Company manufactured at its plant fin-
ished products of a value exceeding $250,000, of which approximately
70 percent was shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act, and we so find.
II. TIIE ORGANIZATION INVOLVED
United Shoeworkers 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 refuses to recognize the Union as the exclusive collec-
tive bargaining representative of the employees involved herein until
such time as it is certified by the Board.'
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be 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
We find, in substantial accordance with the agreement of the parties,
that all production and maintenance employees of the Company, in-
cluding floor ladies and employees in the shipping department, but
excluding office and clerical employees, foremen (including the clerk
in charge of the shipping department), the superintendent, and all
other supervisory employees with authority to hire, promote, dis-
' At the bearing , the Company pointed out that the petition for certification of repre-
sentatives is dated August 25, 1945, and was docketed with the Board August 27, 1945.
The letter requesting recognition introduced as Petitioner ' s Exhibit No. 1-A is dated
August 25 , 1945, attached to which is a post office return receipt indicating that the letter
had not been delivered until August 28, 1945. The Company contended that there had
been no refusal to bargain on August 25 or 27, 1945 , the dates that the petition was sworn
to and docketed with the Board and that , therefore , the allegation in the body of the peti-
tion setting forth a refusal to bargain was untrue at that time . Nevertheless , the Coirpany
at the hearing stated that it did refuse to recognize petitioner until such time as the peti-
tioner was certified by the Board . Any defect in the petition was therefore corrected. See,
Matter of Houston Blow Pipe and Sheet Metal Works , 53 N. L . It. B. 184.'
2 The Field Examiner reported that the Union presented 271 authorization cards and that
there are approximately 477 employees in the appropriate unit.
A. E. NETTLETON COMPANY 1251
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 means of an election by secret ballot among
the employees 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 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 with A. E. Nettleton
Company, Syracuse, New York, an election by secret ballot shall be
conducted as early as possible, but not later than sixty (60) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Third 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 em-
ployees 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 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 or not they desire to be represented by United Shoeworkers
of America, CIO, for the purposes of collective bargaining.
MR. JOHN M . HOUSTON took no part in the consideration of the above
Decision and Direction of Election.