L.v.Marks & Sons Co.

National Labor Relations Board - Board Decisions

Oct 1, 1942

44 N.L.R.B. 719 (N.L.R.B. 1942)

In the Matter of L. V: MARKS & SONS COMPANY and UNITED SHOE
WORKERS OF AMERICA
Case No. R-.428/..Decided October 1, 1942
Jurisdiction : shoe manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to `accord petitioner recognition ; election necessary
Unit Appropriate for Collective Bargaining :, all emlloyees engaged in produc-
tion at one of Company's plants, including maintenance employees, but exclud-
ing of&ce' help, foremen, assistant foremen, and others supervisory employees ;
maintenance employees, who Company contended were supervisory employees,
included in the absence of evidence showing wliat supervisory powers, if any,
were vested in them. '
Mr. Philip A. Cohen and Mr. Emanuel S. Marks, of Cincinnati,
Ohio, for the Company.
Mr. Julius Holzberg, of Cincinnati; Ohio, for the Uii on.
Mr. Louis Cokin, of coiin"sel to,the Board. ` ' • ' _
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE' CASE .
Upon petition and amended petition duly filed by United Shoe
Workers of America,'herein called the Union, alleging'that a question
affecting commerce had arisen concerning the representation 'of em-
ployees of L. V. Marks & Sons Company, 'Vanceburg, Kentucky,
herein' called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before James A.
Shaw, Trial Examiner. Said hearing was held at Vanceburg, Ken-
tucky, on September 16, 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 bear-
ing on the issues. The Trial Examiner's' rulings made at the hearing
are free'from prejudicl"a1 error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
44 N. L. R. B , No. 133.
719
720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
L. V. Marks & Sons Company is an Ohio corporation with its prin-
cipal office at Cincinnati, Ohio. We are here concerned with the Com-
pany's plant at Vanceburg, Kentucky, where it is engaged in the
manufacture, of women's shoes. The Company uses raw materials
valued in excess of $500,000 annually at its Vanceburg plant, over 80,
percent of which is shipped to it from outside Kentucky: During
the same period the Company manufactures finished products at its
Vanceburg plant valued in excess of $1,000,000, over 80 percent of
which is shipped out of Kentucky.
II. THE ORGANIZATION INVOLVED
United Shoe Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During August 1942, the Union requested the Company to recognize
it as the exclusive' representative of the employees at the Company's
Vanceburg plant. The Company denied this request stating that it
doubted the Union's claim to ,a majority.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Union represents a substantial
number of the employees in the ,unit hereinafter found to be appro-
priate.'
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
The Union urges , that all employees at the Vanceburg plant of the
Company' engaged in production, excluding office help, foremen, assist-
ant foremen, and other supervisory employees, constitute an appro-
priate unit.- The only controversy with respect to the unit concerns
four maintenance employees. The Union urges that all such persons
be included in the unit and the Company that they be excluded:
The four employees in dispute are classified by the Company as a
mechanic, carpenter, night watchman, and maintenance engineer, re-
I The Regional Director reported that the Union presented 145 membership application
cards bearing apparently genuine signatures of persons whose names appear on the August
1942 pay roll of the Company. There are approximately 259 employees in the unit herein-
after found to be appropriate.
L. V. MARKS & SONS COMPANY 721
spectively. The Company contends that these person's are supervisory
employees and should be excluded from the unit. The record does not
indicate what supervisory powers, if any, are vested in these persons.
Under'the circumstances, we shall include such employees in'the'unit.
We find that all employees at the Vanceburg plant of the Company
engaged in production, including maintenance employees, but exclud-
ing office help, foremen, assistant foremen, and other supervisory em-
ployees, constitute a unit appropriate for the -purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OV REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. In accord-
ance with a stipulation of the parties, we shall direct that the employees
eligible to vote in the election shall be those 'in the appropriate unit
whose names appear on the August 22; 1942, or on the September 4,
1942, pay roll of the Company, subject to the limitations and additions
set forth in the Direction of Election herein.
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 Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain'representa-
tives for the purpose of collective bargaining with L. V. Mark s & Sons
Company, Vanceburg, Kentucky, 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 Ninth 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 the employees in
the unit found appropriate in Section IV, above, whose names appear
on the August 22, 1942, or the September 4, 1942, payroll of the Com-
pany, including employees who did not work during said pay-roll
periods 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 United Shoe
Workers of America, affiliated with the Congress of Industrial Organ-
izations, for the purposes of collective bargaining.
MR. WM. M. LEISERSON took no part in the consideration of the above
Decision and Direction of Election.
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