International Shoe Co.

National Labor Relations Board - Board DecisionsNov 21, 1941

36 N.L.R.B. 1173 (N.L.R.B. 1941)

In the Matter of INTERNATIONAL SHOE COMPANY and UNITED RUBBER WORKERS OF AMERIGA, Loc.1L $ 198, AFFILIATED WITH C. I. O. In the Matter Of INTERNATIONAL SHOE COMPANY and UNITED SHOE WORKERS OF A.IIERICA, LOCAL No. 100-A, In the Matter Of INTERNATIONAL SHOE COMPANY and WESTERN BROTHERHOOD OF SHOE AND RUBBER WORKERS Cases Nos . R-882, R4,883 and R-,3233, respectively .Decided November 21, 1941 Jurisdiction : shoe manufacturing industry Investigation and Certification of Representatives : existence of question: dis- pute as to appropriate unit; election necessary. Unit Appropriate for Collective Bargaining : elections necessary to determine whether all production and maintenance employees of the Company at each of, or at two or more of, three plants of the Company at Hannibal, Missouri, excluding clerical, office, and supervisory employees and bonded watchmen, at all plants and laboratory employees and the engineering staff at the Rubber Plant and cafeteria employees at the Seventh Street Plant, con- stitute separate units Mr. Richard 0. Ruiner, of St. Louis, Mo., and Mr. C. F. Nerlich, of Hannibal, Mo., for the Company. Mr. Floyd Robinson,, of Hannibal, Mo., and Mr. Stanley Denlinger, of Akron, Ohio, for the Rubber Workers. Mr. Harry E. Jones, of Hannibal, Mo., and Mr. Victor Harris, of St. Louis, Mo., for Locals Nos. 100-A and 104-A. Rendlen cC White, by Mr. Harrison White, of Hannibal, Mo., for the Brotherhood. Mr. J. W. Smith, of Hannibal, Mo., for the Boot and Shoe Workers. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June ' 24, 1941, United Rubber Workers of America, Local #198, affiliated with C. I. 0., herein called the Rubber Workers, 36 N. L. R. B, No. 239 1173 1174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD filed with the Regional Director for the Fourteenth Region (St. Louis, Missouri) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of International Shoe Company, Hannibal, Missouri, herein called the Company, and requesting an, investigation and certification of. representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49' Stat. 449, herein called the Act. On August 2, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Re- lations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 4, 1941, United Shoe Workers of America, Local No. 100-A, affiliated with the Congress of Industrial Organizations, herein called Local No. 100-A, also filed a petition for investigation and certifi-, cation. - On August 8, 1941, the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of said Rules and Regu- lations, ordered an investigation and, acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, further ordered that the two cases be consolidated. On August 8, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Rubber Workers, and Local No. 100-A and upon Western Brotherhood of Shoe and Rubber Workers, herein called the Brotherhood, and Boot and Shoe Workers Union, affiliated with the American Federation of Labor, herein called the Boot and Shoe Workers, labor organiza- tions claiming to represent employees directly affected by the inves- tigation. Pursuant to notice, a hearing was held on August 13 and 14, 1941, at Hannibal, Missouri, before L. N. D. Wells, Jr., the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany' and the Brotherhood were represented' by counsel, and the Rubber Workers, Local No. 100-A, and, the Boot and Shoe Workers, by their respective union representatives. All participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On or before September 2, 1941, Local No. 100-A, the Brotherhood, and the Company each filed a brief which the Board has considered. On October 16, 1941, the Brotherhood filed with the Regional Director a petition for investigation and certification concerning INTERNATIONAL SHOE COMPANY 1175 the" representation of employee's of the Company. On October 22, 1941, the Boot and Shoe Workers filed a motion to withdraw from the proceedings then pending and disclaimed any interest in pro- ceedings relative ,to'the petition filed by the Brotherhood. The mo- tion' is granted. On October 27, 1941, the Board ordered that-the record in the pending proceedings be reopened, and, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended', ordered an investigation and, acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations; further ordered that the three cases be consolidated. On October 28, 1941, the Regional Director issued a notice of fur- ther hearing, copies of which were duly served upon the Company, the Rubber Workers, the Brotherhood, aiid Local No. 100-A and upon Local No. 104-A,' United Shoe Workers of America, herein called Local No. 104-A, a labor organization claiming to represent' employees directly affected by the investigation. Pursuant to notice, a further hearing was held on October 31, 1941, at Hannibal, Missouri, before Jack G. Evans, the Trial Examiner duly designated by the Chief Trial Examiner. The Company was represented by an officer, the unions by counsel. All 'participated in the hearing. Full op- portunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial, errors were committed. The rulings are hereby affirmed. Upon 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 leather and canvas and rubber shoes and other types of foot- wear. It operates factories, tanneries, and other plants in several States of the United States. The Company operates three factories at Hannibal, Missouri, severally designated in the record as the Sev- enth Street Plant,' the Bluff City Plant, and the Rubber Plant, and herein collectively called the Hannibal plants, which are the only plants of the Company directly involved in this proceeding. For the year ending November 30, 1937, the Company used at the Hannibal plants raw materials consisting of sole leather, upper 1 The Seventh Street Plant, the Company 's first plant at Hannibal , is also referred to in the record as the Hannibal plant. 1176 DECISIONS OF -NATIONAL LABOR, RELATIONS BOARD leather, pigments, cloth, and rubber, valued at about $4,146,666. More than 90 per cent "of such materials originated in foreign coun- tries and in States other than Missouri. During the same period, the Company manufactured at the Hannibal plants, finished products valued at about $10,767,142. Rubber soles and' heels manufactured at the Rubber Plant, which constituted about 21 per cent of the prod- ucts, were distributed to various shoe factories of the Company in Missouri for use in further manufacturing processes. About 4 per cent of the products were shipped to warehouses in States other than Missouri . About 57 per cent of the products were -shipped-to the, Company's warehouse at, St. Louis, Missouri, where they were com- mingled with products from other factories of the Company. The Company's six sales agencies filled their orders from the Company's common stock and distributed shoes made at the Company's Hannibal plants. For the year ending November 30, 1937, such sales agencies sold products manufactured at the company's several factories valued at $71,320,702.76, over 94 per cent of which were sold to purchasers outside Missouri 2 The extent of the Company's business in interstate commerce at the Hannibal plants is substantially the same at the present time as in 1937. The Company admits that it is engaged in commerce at the Hannibal plants within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED United Rubber Workers of America, Local #198, is a labor organi- zation affiliated with the Congress of Industrial Organizations. Local No. 100-A and Local No. 104-A, United Shoe Workers of America, are labor organizations= aflliated'"with the'-Congress' "of Industrial Organizations. Western Brotherhood of Shoe and Rubber Workers is an unaffil- iated labor organization. Boot and Shoe Workers Union is a labor organization affiliated with the American Federation of Labor. These labor organizations admit to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In 1937 the Brotherhood and the Boot and Shoe Workers organ- ized the employees of the Company. The Brotherhood chartered a local at each of the three Hannibal plants. The Boot and Shoe Workers chartered two locals, Local 709 for employees at the Rubber 2 See Matter of International Shoe Company and Local Unions Nos 248 and 709, Boot and Shoe Workers International Union, affiliated with the A F of L, 12 N . L R B 728 INTERNATIONAL SHOE COMPANY 1177 Plant and Local 248 for employees at the Seventh Street and Bluff City Plants. The Brotherhood and the Boot and Shoe Workers each entered into a contract with the Company for its members at the Hannibal -plants. Both contracts terminated in September 1938: At that time the Company notified both organizations that it would require proof of majority representation before entering into any new contract. The Company continued to hold weekly grievance meetings with each organization from that time to the- date of the hearing. - - In February 1941, at a special meeting, employees at the Rubber Plant who were members of Local 709 of the Boot and Shoe Workers voted to join the C. I. 0. Some such employees joined the Rubber Workers. The Rubber Workers established its local at the Rubber Plant and Local 709 thereafter became inactive. During February 1941, the Rubber Workers requested the Company to bargain con- cerning the employees at the Rubber Plant. The Company denied that such employees constituted an appropriate unit. About March 15, 1941, United Shoe Workers of America began or- ganizing the employees of the Company at the Bluff City and the Sev- enth Street Plants, chartering on May 18, 1941, Local No. 100-A for employees at the Bluff City Plant and before June 16, 1941, Local No. 104-A for employees at the Seventh Street Plant. Local No. 100-A requested the Company to bargain concerning the employees at the Bluff City Plant. The Company denied that such employees constituted an appropriate unit. Thereafter the Rubber Works and Local No. 100-A each filed its petition in these proceedings. A statement prepared by the Regional Director and introduced into evidence discloses that the Rubber Workers, Local No. 100-A, and the Brotherhood each represents a substantial number of employees in the unit proposed by it to be appropriates 3 The Rubber workers submitted 371 application cards, dated between March 1 and July 18, 1941, of which 356 bear names of employees on a current pay roll There are about 740 employees in its proposed Rubber Plant unit Local No 100-A submitted 310 application cards, dated between May 12 and August 1, 1941, 301 of which bear names of employees on a current pay roll There are about 725 employees in its proposed Bluff City Plant unit. Local No 104-A submitted no cards in support of its claim to represent employees at the Seventh Stieet Plant At the hearing a representative of United Shoe Workers of America testified that Local No 104-A represented employees at the Seventh Street Plant, but (lid not then claim to represent a majority of such employees The Brotherhood submitted 1983 cards, all dated between June 1, 1937, and February 20, 1938, except 22 which are dated between April 1, 1938, and June 1, 1941' Of these cards 1,170 bear names of employees on current pay rolls-626 on the Seventh Street Plant roll, 290 on the Bluff City Plant roll, and 254 on the Rubber Plant loll, At the hearing it representative of the Brotherhood testified that over 1,000 employees weie active members at that time There are about 2,600 employees in the three-plant unit proposed by the Brotherhood On August 30, 1941, Local No 100-A moved that the Brotherhood be denied further participation in these proceedings , alleging that the Brotherhood did not then represent a substantial number of employees of the Company. The motion is denied 1178 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD ,,We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. ` V. THE APPROPRIATE UNIT The parties make the following contentions with respect to units appropriate for bargaining :4 (1) The Rubber Workers, that - pro- duction and maintenance employees at the Rubber' Plant, including the canvas-footwear department,- constitute an appropriate unit; (2) Local No. 100-A, that production and maintenance employees at the Bluff City Plant constitute an appropriate unit; and (3) and (4) the Brotherhood and the Company, that production and mainte- nance employees at the three Hannibal plants constitute a single ap- propriate unit. The Company suggests two alternative units: (1) that production and maintenance employees in the several footwear departments at the three Hannibal plants, including employees in the wood-heel and carton department at the Seventh Street Plant, constitute one unit and that -all other production and maintenance employees at the Hannibal plants constitute a second unit; and (2) that' production and maintenance employees at the Rubber Plant, including those in the canvas-footwear department, constitute one unit and such employees at both the Seventh Street Plant and the Bluff City Plant constitute a second unit.' As noted in Section I above, the Hannibal plants include the Seventh Street Plant, the Bluff City Plant, and the Rubber Plant. At the time of the first hearing, there were about 1206, 725, and 740 employees, respectively, on the plant pay rolls. The Rubber Plant Since the Boot and Shoe workers has withdrawn from these proceedings , we find it unnecessary to rule upon objections filed by Local No 100-A to a supplemental statement prepared by the Regional Director respecting the claims of authorization made by the Boot and Shoe workers to represent employees of the Company , 4 The parties desire to exclude from such proposed units clerical, office, and supervisory employees and bonded watchmen Supervisory employees include superintendents, assistant superintendents or quality men, foremen , assistant foremen , and instructors or foreladies The parties further desire that such employees and laboratory employees and the engineer- ing staff at the Rubber Plant be excluded from any unit or units found by the Board to be appropriate s Local No 104-A made no formal contention respecting an appropriate bargaining unit. It has, however, restricted its membership to employees at the Seventh Street Plant INTERNATIONAL' SHOE COMPANY 1179 is three blocks: distant from the Seventh Street Plant and across the street' fromthe Bluff City Plant: - At the Seventh Street Plant the Company manufactures medium priced women's shoes., In one department the Company manufac- tures wood heels' for use in the several plants of the Company. The lasting and pattern departments at the Seventh Street Plant-:serve all three Hannibal, plants.' Six or seven men in the pattern depart- ment regularly spend one-third of their time at the other two plants: In the ,casing department employees process leather heels for use at the two plants. In the carton department the Companyt manu- factures cartons.and containers for all footwear manufactured at Hannibal. In another department steam is generated for heating and processing at the three Hannibal plants. The 'Seventh- Street Plant also includes a cafeteria department which serves all employees of the Company at Hannibal. Food from the department-is carried by truck to the other two plants. Such food, placed on'steam tables set at various places in the plants; is served by employees sent for this purpose from. the cafeteria department at the Seventh Street Plant. At the time of the first hearing the Company was making' a cheaper grade of women's leather shoes and novelty shoes at the Bluff, `City Plant. All outside leather pieces for uppers and heel covering used at 'the plant were cut at the Seventh Street Plant. The Bluff City Plant received rubber heels and fabric parts from the Rubber Plant and leather soles from a St. Louis plant of the Company. Shoe linings were cut, wood heels 'covered, and shoes sewed at the Bluff City Plant. On October 10, 1941, the Company announced' an im- pending change in operations. Such changes involved the cessation of manufacture of women's shoes at the Bluff City Plant and its temporary closing, the reconditioning of 'the plant and the installation of new machinery, and the proposed reopening of the plant for the manufacture of men's shoes on or about December 1, 1941.1 When the plant reopens, it will include a cutting department for outside leather pieces for men's shoes, thus rendering the 'plant independent of,the cutting department at the Seventh Street Plant. At the Rubber Plant the Company makes rubber heels, rubber soles, and composition tops for use in its several factories and main- tains a department where rubber-soled canvas footwear is made. At the Rubber Plant crude rubber is mixed, processed, and pressed into molds for soles and heels. This rubber-processing department is not similar to any department at the Bluff City Plant or at the Seventh Street Plant. Canvas footwear is novelty wear and seasonal. 6 Curtailment of employment began immediately. The Bluff City Plant was expected to close on October 31, 1941, the day of the further hearing when the plant reopens, the Company expects to recall employees laid off during the alterations and provide employment for about 100 additional employees. 1180 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD The.several cutting, fitting,' lasting, bottoming, making, and pack- ing departments at the Seventh Street Plant, at the Bluff City Plant, and at, the canvas-footwear department of the Rubber Plant, respec- tively, have been similar in' the past. The Company anticipates that the work on men's shoes at the Bluff City Plant will require the same skill' as that required at the Seventh Street Plant and that work in-the several departments at the Bluff City Plant will remain com-, parable to, work. in the similar departments at the Seventh Street Plant.? 1 The Hannibal plants are under one general management and one supervisor of industrial relations. ' The Company maintains one em- ployment office for the three plants. Each-plant has its plant super- intendent and its plant pay roll. Plant superintendents and some foremen have power to discharge employees. Consultation with the supervisor of industrial relations is usual before discharge, but is not required. The Hannibal plants operate on an 8-hour day except the processing department at the Rubber Plant, which is operated on three 8-hour shifts. Although the minimum wage set for the rubber and shoe industry is 40 cents per hour at rubber plants and 35 cents per hour at leather-shoe plants, the Company has paid equal wages for equal work at the Hannibal plants and the wages paid at such plants have been comparable. Most work is piece work. The job rating is determined at the Company's St. Louis plant. The Company's practice is to transfer employees daily from one plant to another to give assistance during rush periods and absences due to illness. The Company also transfers employees permanently from one plant to another. Employees laid off at one plant are as- signed to work at either of the other plants when there is work avail- able. About 75 employees laid off since October 10, 1941, at the Bluff City Plant had, at the time of the further hearing, been placed at the 'Seventh Street Plant or at the Rubber Plant. The Company's contracts with the Brotherhood and the Boot and Shoe Workers, which terminated in September 1938, covered members of these organizations •at the three Hannibal plants. Locals of the same parent labor organization have joined in meetings with the Company's representatives for the consideration of grievances. On at least one occasion, however, Local No. 100-A negotiated with the Company an agreement terminating a dispute restricted to the Bluff City Plant. ' The record discloses that the Brotherhood is the only organization involved that has extended its membership among employees at the three Hannibal plants. The Rubber Workers has restricted its mem- 7 work on the cheaper grade of women's shoes formerly made at the Bluff City Plant and work on canvas shoes at the Rubber Plant require less skilled operators than similar work on better-grade leather shoes. INTERNATIONAL SHOE COMPANY 1181 -bership'to the Rubber Plant, and United Shoe Workers of America its membership to the Bluff City and Seventh Street Plants. Under -these circumstances, and upon the basis of the entire record in these proceedings, we find that either a single unit comprising employees at the three Hannibal plants or separate units comprising employees at one or more such plants would be appropriate for bargaining. We shall, accordingly, direct that an election be held at each of the, three, plants of the Company at Hannibal. Upon the results of such elec- tions will depend, in part, the unit or units which we shall find appropriate for bargaining. The same labor organizations have members among employees at the Seventh Street and Bluff City Plants. We shall provide that the Brotherhood and the appropriate local of United Shoe Workers of America participate in the separate elections among employees at these plants. The Bluff City Plant will not be operating before December 1, 1941. It seems desirable, under all the circumstances, to defer elections at these two plants until manufacturing operations at the Bluff City Plant have been resumed and the plant-is.function- i ng normally. The're seems to be no ' reason to defer"the' 'election among employees at the Rubber Plant. We shall .provide .that the Rubber Workers and the Brotherhood participate in the election among such employees. If a majority of such employees select the Rubber Workers as their bargaining agent, we shall find that such employees constitute an appropriate bargaining unit and shall certify the Rubber Workers as their bargaining agent. If a majority of such employees select the Brotherhood as their bargaining agent, we shall defer further action based on the election results until the separate elections among employees at the Bluff City .and. Seventh Street Plants have disclosed the desires of such employees respecting a bargaining agent. If the results of the elections disclose that a majority of employees at any one plant, but not more than one plant, select the Brotherhood or United Shoe Workers of America as their bargaining agent, we shall find that employees at such plant constitute a single appro- priate unit and shall certify the representative selected by a majority of such employees as bargaining agent thereof. If the Brotherhood or the United Shoe Workers of America be selected, by a majority of employees at each of two or more plants, we shall find, that; such employees constitute a single appropriate unit and sliall __ certify as . ,bargaining agent thereof the representative so selected." ' 8'Cf'^Ilatter of'B,rdsbo)'o"Steel'Fohindiy fR Machine Co and Steel Workers Orpani"eng Committee, U 1 0 , 32 N. L" R B ,' No 20:' Matte, of 'The Quaker Oats Company and United Cereal Worke, s Local Industi rat Union, No 1105, 32 N L R B , No 124; Matter of 111e.ttinghouse Electric and ,Manufactur i ng Company and Local Union B-1161 , Inter- national Brotherhood o/ Electrical IVo, hers, 33 N L . R B , No 21. 1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Inaccordance with the desires of the parties -that the Board-excludb from any bargaining unit or units clerical, office, and supervisory employees and bonded watchmen at all the Hannibal plants and-lab- oratory employees and'the engineering staff at the,Rubber Plant, we shall exclude such employees from participation in the elections and from such unit or units as may be determined,'in part, by such elec- tions. On the basis of the whole record, we shall •excliule cafeteria employees from participation in •the,election among employees;,ac the Seventh Street Plant and from any unit composed in whole or in part of such employees. . . VI. THE DETERMINATION OF REPRESENTATIVES We have found that the question concerning the representation of employees of the Company can best be resolved by electrons by secret ballot. As noted in Section V above, we shall 'direct at this time an election among employees' at the Rubber Plant,'deferrinr;' elections at the Seventh Street and Bluff City Plants until normal working con- ditions obtain at both plants.' We shall direct the Regional Director 'to inform the Board when such condition,, are established. ,Employees laid off are placed on a pir•eferential hiring list for 1 year from the time'of such lay-off." We shall provide that employ- ees or-the preferential hiring list shall be eligible to rote In the elec- tion to, be held among'employees at the plant -Nw here they 'list worlied prior to their lay-off. Each employee at the Hannibal plants shall, however, be eligible to vote in only one election. Any employee vot- ing at the election among 'employees at the Rubber Plant 'shall be deemed ineligible to vote in the forthcoming elections among employ- ees at the Bluff City and Seventh Street Plants, even though his name may appear on the pay-roll lists determining eligibility for such elections., Those eligible to vote in the election which we now direct shall be all' production and maintenance employees at the Rubber Plant who wer'e_employed during the pay-roll period inunedi:ltely preceding the date, of our Direction of Election, including employees'on the prefer- ential hiring list who, last worked at the Rubber Plant, subject to the 'limitations and additions set forth in the Dissection. Upon the basis'of the above findings of fact and upon the entire record in the case, the Board makes the following: U During this time they are entitled to placement at' any one of the Hannibal plants on the basis of their seniority with the Company . During the first 6 months of this period, they retain a superior claim to be placed at the plant from which they were last laid off if a vacancy- occurs at such plant during that, time. INTERNATIONAL SHOE COMPANY 1183 CONCLUSION OF LAW A question affecting commerce has arisen concerning the represen- tation of employees of International Shoe Company, Hannibal, Mis- souri, at its Hannibal plants,, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with International Shoe' Company, 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 of Election, under the direction and supervision - of the Regional Director for the Fourteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance em- ployees of the Company at the Rubber Plant, Hannibal , Missouri, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees- in the canvas - footwear department , employees who did not work during such pay-roll period because they were ill or on 'vacation or in the active military service or training of the United States, or tempo- rarily laid off, and employees on the preferential hiring list who last worked at the Rubber Plant, but excluding clerical, office, and super- visory employees, bonded watchmen, laboratory employees, the engi- neering staff, and employees who have since quit or been discharged for cause , to`'deterniine whether they desire to be represented by United Rubber Workers of - Anierica, Local #198, affiliated with C. I. 0., or by Western Brotherhood of Shoe and Rubber Workers; for the purposes„of collective bargaining , or by neither.