International Shoe Co.

National Labor Relations Board - Board Decisions

Mar 6, 1944

55 N.L.R.B. 267 (N.L.R.B. 1944)

In the Matter of INTERNATIONAL SHOE COMPANY ( RUBBER PLANT)
and UNITED RUBBER WORKERS , LOCAL 198, CIO
Case No. 14-R-880.-Decided March 6, 1944.
Mr. C. F. Nerlich, of St. Louis, Mo., Mr. G. B. Britton and Mr. P. 11.
Raukohl, of Hannibal , Mo., for the Company.
Mr. Floyd Robinson, of Rock Island, Ill., for the CIO'
Mr. H. B. Furlow and Mr. Dan Winin,ger, of Hannibal , Mo., for
District 50.
Mr. Wil7i'am Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Rubber Workers, Local 198,
CIO, herein called the CIO, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Inter-
national Shoe Company (Rubber Plant), Hannibal, Missouri, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Harry G. Carlson,
Trial Examiner.' Said hearing was held, at Hannibal, Missouri, on
February 11, 1944. The Company, the CIO, and District 50, United
Mine Workers of America, herein called District 50, appeared and
participated. All parties were afforded fall 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 hear-
ing are free from prejudicial error and are hereby affirmed. All par-
ties were afforded an opportunity to file briefs with the Board.
Upoii the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
International Shoe' Company is engaged in the, manufacture and
sale of footwear. It operates factories, tanneries, and other plants
55 N L R B, No. 46.
267
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in numerous States, including several plants at Hannibal, Missouri'
We are here concerned with the Company's Rubber Plant at Hannibal,
at which rubber articles are produced. More than 90 percent of the
raw materials used at the Hannibal plant and more than 90 percent
of the%finished products of ,that plant move in interstate commerce.
In 1943 the products of the Rubbelr,Plant were valued in excess of
$5,000,000.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Rubber Workers, Local 198, affiliated with the Congress of
Industrial Organizations, and District 50, United Mine' Workers of
America, are labor organizations admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company -has refused to grant recognition to the CIO as the
exclusive bargaining representative of certain of the Company's em-
ployees, in effect until the CIO has been certified by the Board in an
appropriate unit.
The CIO was certified by the Board in January 1942, and has been
recognized by the Company as the exclusive collective bargaining repre-
sentative of the employees ii1 the appropriate unit in a written contract,
containing a maintenance of membership clause, which expired on
February 15, 1944. Upon these facts we find that the CIO has demon-
strated a sufficient interest among employees in the unit hereinafter
found to be appropriate to raise a question concerning representation 2
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 UNIi'
We find, in substantial agreement with a stipulation of the parties,
that all employees of the Company's Rubber Plant at Hannibal, Mis-
souri, but excluding clerical and office employees, bonded watchmen,
laboratory employees, the engineering staff, and all supervisory, em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
These findings are based upon the Board's findings in a prior case involving this Com-
pany, Matter of International,Shoe Company, 36 N. L R B. 1173
2 There are about 837 employees in the appropriate unit. District 50 submitted 148
authorization cards bearing apparently genuine signatures.
INTERNATIONAL SHOE COMPANY 269`
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.3
I
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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction .4
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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with International Shoe
Company (Rubber Plant), Hannibal, Missouri, 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
supervision of the Regional Director for the Fourteenth Region, act-
ing 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 im-
mediately 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 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 they desire to be
represented by United Rubber Workers of America, CIO, or by Shoe
Workers, District 50, United Mine Workers of America, for the pur-
poses of collective bargaining, or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election.
IThis unit was in effect found by the Board to be appropriate in Matter of-Inteinational
Shoe Company, 36 N. L R B. 1173, 38 N L R. B 216 Although in that decision the
canvas footwear department was included in the unit, canvas footwear is no longer being
manufactured. • • i
"The unions request that they be designated on the ballot as "United Rubber Workers
of America, CIO," and "Shoe Workers, District 50, United Mine Workers of America " The
request is hereby granted. •