J. W. Carter Co.

National Labor Relations Board - Board DecisionsOct 1, 1942

44 N.L.R.B. 716 (N.L.R.B. 1942)

In the Matter of J. W. CARTER COMPANY and CARTER LOCAL #78, UNITED SHOE WORKERS OF AMERICA, C.-I. O. Case No. R-4290.-Decided October 1, 1942 Jurisdiction : shoe manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition ; eligibility determined by pay-roll period immediately preceding suspension of operations in one of Company's plants ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees in Company's two plants and warehouse in Nashville, Tennessee, exclud- ing supervisory and clerical employees; stipulation as to. M11r. Cecil Sims, of Nashville, Tenn., for the Company. Dlr. Michael Essin, of Nashville, Tenn., for the Union. Miss Viola James, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Carter Local # 78, affiliated with United Shoe Workers of America and Congress of Industrial Organizations, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of J. W. Carter Company, Nashville, Tennessee, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Dan M. Byrd, Jr., Trial Examiner. Said hear- ing was held at Nashville, Tennessee, on September 18, 1942. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Exam- iner'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 I. THE BUSINESS OF THE COMPANY J. W. Carter Company, with plants and offices located at Nashville, Tennessee, is engaged in the manufacture and sale of men's shoes. Semiannually the Company sends out catalogs to 15,000 shoe dealers in 44 N. L. R. B., No. 132. 716 J. W. CARTER COMPANY 717 the 48 States. The 1941 sales of the Company exceed $3,000,000, more than half of which represents sales made outside the State of Ten- nessee. During the same year the Company bought more than $1,700,; 000 worth of raw materials, over 90 percent of which was purchased- outside the State of Tennessee. II. THE ORGANIZATION INVOLVED Carter Local #78, affiliated with United Shoe Workers of Amer` ica and Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION The Company has refused to bargain with the Union. A, statement, of â€¢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 National Labor Rela- tions Act. IV. THE APPROPRIATE UNIT 'We find, in accordance with a stipulation of the parties, that all pro- duction and maintenance employees in the Company's two plants and warehouse in- Nashville, Tennessee, excluding supervisory 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 find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. Inasmuch as operations in one plant were suspended shortly after July 14, 1942, and the fact that the Company hopes, when operations are resumed, to employ as many persons as it had prior to such date, the parties agreed that eligibility to vote should be determined as of the pay-roll period of July 14, 1942.2 Under these circumstances, we shall direct that the employees of the Company eligible to vote in the election shall 1 The Field Examiner reported that the Union claims to represent 260 employees in the alleged appropriate unit, that it submitted, as proof of this claim, 247 applications for mem- bership dated from June 8 through August 18, 1942, with 1 being undated, and 13 authori- zation cards dated August 8 through 17, 1942; that all 260 cards bore apparently genuine original signatures; and that 257 signatures are the names of persons on the pay roll of July 14, 1942, said pay roll listing 652 persons in the alleged appropriate unit 2 The parties agreed on this date with certain restrictions as to the eligibility of those voting. These restrictions are covered in the provisions of the Direction. 718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD be those in the appropriate unit wlio were employed during the pay- roll period of July 14, 1942, 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 8, of National Labor Rela- tions Board Rules and Regulations-Series 2, , as amended , it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with J. W. Carter Company, Nashville, Tennessee , 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 of Election , under the di- rection and supervision of the Regional Director for the Tenth Re- gion, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regu- 1'ations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period of July 14, 1942, including any such employees who did not work during said pay- roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but ,excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Carter Local #78, affiliated with United Shoe Workers of America and Congress of Industrial Organizations , for the purposes of collective. bargaining. . MR. WM. M . LEISERSON took no part in the consideration of the above Decision and Direction of Election.