Endicott Johnson Corp.

National Labor Relations Board - Board Decisions

Dec 16, 1946

71 N.L.R.B. 1100 (N.L.R.B. 1946)

In the Matter Of ENDICOTT JOHNSON CORPORATION , EMPLOYER and
UNITED SHOE WORKERS OF AMERICA, C. I. 0., PETITIONER
Case No. 3-R-1100.-Decided December 16, 1946
Sullivan & Cromwell, by Mr. Charles S. Hamilton, of New York
City, and Mr. Howard Swartwood, of Endicott, N. Y., for the Em-
ployer.
Mr. Harry Sacher, of New York City, Mr. Benjamin C. Sigal, of
Washington, D. C., Mr. Charles Barranco, Jr., of Endicott, N. Y., and
Mr. William DeCelle, of Johnson City, N. Y., for the Petitioner.
Mr. Samuel M. Kaynard, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon a separate petition duly filed, a hearing was held at' Bing-
hamton, New York, on January 22,1946,1 before James R. Hemingway,
hearing officer, and a further hearing was held at Binghamton, New
York, on August 27, 1946, before Francis X. Helgesen, hearing officer.
The hearing officers' rulings made at the hearings are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF, FACT
1. THE BUSINESS OF THE EMPLOYER
Endicott Johnson Corporation, a New York Corporation, has its
principal office and place of business in Endicott, New York. It is
engaged in the business of production, manufacture, sale, and distribu-
tion of leather, canvas, and rubber footwear at its numerous shoe
factories and tanneries in Binghamton, Johnson City, Endicott, West
Endicott, and Owego, New York. During the fiscal year ending
1 The first healing was held on the petition involved herein and another petition involving
the Employer's Security and Security Annex Shoe Factory (Case No 3-1t-1113), which
had been consolidated for the purpose of hearing by a Board Order dated March 22, 1946.
For the purpose of decision, the Board ordered a severance of the case on March 22, 1946
Thereafter, further hearing was held in the case involved herein, on an amended petition.
71 N. L. R. B., No. 179.
1100
ENDICOTT JOHNSON CORPORATION 1101
November 30, 1945, the Employer used raw materials valued at
$39,000,000. Approximately 60 percent, by value, of the raw materials
so used was shipped to its plants in the State of New York from points
outside that State. During the same period, the Employer sold fin-
ished products valued at approximately $82,000,000. Approximately
89 percent, by value, of the finished products was shipped from the
afore-mentioned plants to points outside the State of New York.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Petitioner claimed representation of a majority of the employees
in the Employer's die shop, machine shop, and foundry, and requested
ecognition as the collective bargaining agent of those employees. The
Employer denied the requested recognition, asserting that the proposed
unit was inappropriate for the purpose of collective bargaining.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The Petitioner seeks a unit consisting of the production and main-
tenance employees of the Employer's die shop, machine shop, and
foundry, located at Johnson City, New York, with certain exclusions
and inclusions, hereinafter discussed. In the event the Board finds
such a unit inappropriate, the Petitioner, in the alternative, seeks three
separate units consisting of the production and maintenance employees
of each of the afore-mentioned departments. The Employer contends
that the unit or units requested by the Petitioner are inappropriate and
asserts that the only appropriate unit is one employer-wide consisting
of all its production and maintenance employees in its various plants
and factories.
The Board has, on numerous occasions, considered the Employer's
contention that an employer-wide unit is the only appropriate unit
and has held that such contention is not presently tenable.2 In a recent
decision, involving the same parties, the Board, in establishing a unit
1 Matter of Endicott Johnson Corporation, 45 N. L. R. B. 1092 ; Matter of Endicott John-
son Corporation , 57 N. L. R. B . 1473 ; Matter of Endicott Johnson Corporation, 67
N. L. R. B. 1342.
1102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
consisting of the production and maintenance employees of the Em-
ployer's Security and Security Annex Shoe Factory, stated that "the
benefits of collective bargaining will not be denied a smaller group of
employees merely because other employees who might be combined with
them into a theoretically more appropriate unit have not been organ-
ized or have shown no inclination to be represented or organized, pro-
vided the unit sought is sufficiently homogeneous , identifiable and
distinct.3
The Employer 's die shop, machine shop, and foundry , for the past
5 years , have been located in the same building , referred to as the
"Foundry and Die Shop." The die shop is located on the first floor;
the foundry , in au. adjoining wing on the first floor ; and the machine
shop, on the second floor . The die shop 's 57 employees are engaged in
the manufacture of dies used by the Employer 's factories in cutting
out all shoe parts , such as linings, box toes , counters and soles. The
foundry, consisting of 9 employees , is engaged in the making of cast-
ings used in tanneries and factories for any replacements or new
machines that are being built. The machine shop employees , of which
there are 15, repair factory machines , mostly United Shoe Machinery
equipment , and also build mullers or steamers .4 Since January 1946,
the 3 departments have been under the supervision of superintendent
Exley. The die shop is under the supervision of a foreman and 2 as-
sistant foremen . Another foreman supervises the machine shop and
foundry, with an assistant foreman in charge of the foundry. The
employees of all 3 departments are paid at an hourly rate and receive
substantially the same wage scale.
Although housed in the same building, each department occupies
its own particular area and there is no interchange of employees
among the three departments . Each department has its own washing
facilities and lockers ; the employees of the machine shop and foundry
use one time clock, whereas the die shop employees use another; and
the die shop employees work until 4 p. m., whereas the other two
departments work until 3: 30 p. in., the difference being due to the
length of the lunch period chosen by the individual departments.
While the three departments are geared to. the production of the
final product , there is little interdependence of operations. These
employees perform specialized , and often skilled functions and com-
prise clearly homogeneous units in the Employer 's plant.
The record thus reveals that there are factors which indicate the
propriety of a unit of all three departments . On the other hand,
their separability , their sharply distinguishable skills, and lack of in-
terdependence , as set forth above, coupled with the failure of the
8 Matter of Endicott Johnson Corporation, 67 N. L. R. B. 1342.
4 The Employer also operates two other machine shops in Johnson City and Endicott
which do general repair work or building of machinery for the shoe factories and
departments.
ENDICOTT JOHNSON CORPORATION 1103
Petitioner to organize among the employees of the machine shop,
more persuasively support the appropriateness of separate depart-
mental units at the present time.
The inclusion and exclusion of certain employees within the units
hereinafter found appropriate is also in dispute. The parties agree
that the foreman of the die shop and the foreman of the machine shop
and foundry should be excluded from the unit. However, the Peti-
tioner would also exclude the 3 assistant foremen in the die shop and
foundry. These employees, in part, engage in manual labor and also
perform supervisory duties. In the die shop, Knickerbocker, one of
the assistant foremen, supervises the work of 45 men in the clicker
or Walker die section and Mahoney, the other assistant foreman, super-
vises 12 employees in the perforating section. Knickerbocker and
Mahoney receive a higher rate of pay than the other employees. The
record reveals that about once a month the assistant foremen engage
in conferences with the superintendent on matters of operation and
production in the shop. Patchen, assistant foreman in the foundry,
has authority similar to Knickerbocker and Mahoney. He supervises
the work of the employees in the foundry which is located on the
first floor, while the foreman of the machine shop and foundry usually
is on the second floor. We are of the opinion that these employees
come within the Board's customary definition of supervisory em-
ployees. Accordingly, we shall exclude them from the units herein-
after found appropriate.
We find that all production and maintenance employees of the Em-
ployer's die shop and foundry, respectively; located on Baldwin Street,
Johnson City, New York, but excluding office and clerical employees,
foremen, assistant foremen, 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 separate units appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.,'
V. THE DETERMINATION OF REPRESENTATIVES
At the hearing on January 22, 1946, the Employer requested that
its employees presently in the armed forces should be permitted to
vote by mail and the Employer indicated that it would cooperate
with the Board in furnishing any pay-roll data necessary. We are of
the opinion that the facts in this case do not differ substantially from
those in Matters of South West Pennsylvania Pipe Lines ° and suc-
Since we are administratively advised that the Petitioner has made no showing of
interest among the employees in the machine shop, we shall not direct an election among
them nor, do we deem it necessaI v, at this time, to make any finding ww ith i espect to the
appropriateness of a unit comprised of those employees
6 Matte of South West Pennsiflstuua Pipe Lines, 64 N L R n l''S4
7 1 7 7 34-4 7-vol 71-71
1104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ceeding cases. Accordingly, we shall grant the Employer's request
for mail balloting, subject to the provisions hereinafter mentioned.
We will direct that the question concerning representation be re-
solved by an election by secret ballot among employees in the appro-
priate units who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Elections herein, subject
to the limitations and additions set forth in the Direction. In this
case, the Regional Director shall mail ballots to employees within the
appropriate units on military leave, provided one or more of the par-
ties hereto, within seven (7) days from the receipt of the Direction of
Elections, files with the Regional Director a list containing the names,
most recent addresses, and work classifications of such employees. The
Regional Director shall open and count the ballots cast by mail by
employees on military leave, provided that such ballots must be re-
turned to and received at the Regional Office within thirty (30) days
from the date they are mailed to the employees by the Regional
Director.7
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Endicott Johnson Corporation,
Johnson City, New York, elections by secret ballot shall be conducted
as early as possible, but not later than forty-five (45) days from the
date of this Direction, under the direction and supervision of the Re-
gional Director for the Third Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, among the employees in the units 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, 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 tinted Shoe Workers
of America, C. I. 0., for the purposes of collective bargaining.
1 A fiee interchange between the interested parties of information on the addresses and
work categories of the employees to be voted by mail will be necessary in order to avoid
challenges and post-election objections Accordnigiv, the Board will make available to all
interested parties any information of this nature furnished it by any other party. In the
event that the parties should send the absentee voters any information of literature bearing
directly or indirectly on the pending election, copies of all such documents should be
simultaneously filed wilh the Regional Office for inspection by or transmittal to the other
p'eities However acceptance of tiaosmittal of such literature by the Board's office is
not to be construed as conferring immunity on the filing party in the event that objections
are later inter posed concet ning its content The usual pi inciples will apply
ENDICOTT JOHNSON CORPORATION 1105
Mr. JAMES J. REYNOLDS, JR., concurring specially :
I concur with the results reached by the Decision and Direction of
Elections herein. However. inasmuch as the Decision does not clearly
indicate the basis for the finding that the employees in the die shop and
the foundry comprise separate appropriate bargaining units, I am
constrained to express my own views on this matter.
The die shop employees manufacture dies used by the Employer's
shoe factories. The foundry employees are engaged in making metal
castings. The record indicates that there are no other employees of the
Employer engaged in either of these occupations. As noted by the
Board in numerous decisionss each of these groups of employees has
interests relating to the nature of their work and their skills which are
sufficiently different from those of other production and maintenance
employees to warrant their inclusion in separate collective bargaining
units. It appears to me that this rationale affords a sound basis in
support of the unit findings herein, and; therefore, I find it unnecessary
to consider further the Petitioner's contention that such units are
appropriate because its organizational activities have not extended to
other employees not included in the unit for which it petitioned or the
Employer's contention that only an employer-wide unit consisting of
all its employees in its various plants and factories is appropriate.
Stamping & Mfg. Co., 56 N . L. R. B. 1291 ; Matter of Bendtix Aviation Corporation, Bendix
Products Division, 56 N. L. R. B . 602; Matter of American Crucible Products Co., 54
N. L. R B 47; Matter of American Valve Mfg Go , 58 N. L R. B , 1175.