Lenox Shoe Co., Inc.

National Labor Relations Board - Board Decisions

Feb 5, 1938

5 N.L.R.B. 124 (N.L.R.B. 1938)

In the Matter of LENOX SHOE COMPANY, INC. and UNITED SHOE WORK-
ERS OF AMERICA, AFFILIATED WITH THE COMMITTEE FOR INDUSTRIAL
ORGANIZATION
Cases Nos. C-255 and R-009
SUPPLEMENTAL DIRECTION OF ELECTION
February 5, 1938
On December 3, 1937, the National Labor Relations Board, herein
called the Board, issued its Decision, Direction of Election, and Order 1
in the above-entitled proceedings. The Direction of Election pro-
vided that an election be held at such time as the Board- would there-
after direct. In its Decision the Board stated that the election would
be "delayed until such time as the Board is satisfied that there has
been sufficient compliance with its order to dissipate the effects of the
unfair labor practices of the respondent and to permit an election
uninfluenced by the respondent's conduct."
The Board, having been informed by the Regional Director for the
First Region that Lenox Shoe Company, Inc., herein called the re-
spondent, has substantially complied with its Decision and Order and
that both the United Shoe Workers of America and the Boot and Shoe
Workers' Union have requested that such election be held, hereby
directs that the election provided for in its Decision, Direction of
Election, and Order of December 3, 1937, be held within twenty (20)
days of the date of this Supplemental Direction of Election.
[SAME TITLE] 1
AMENDMENT TO DIRECTION OF ELECTION
February 10, 1938
The National Labor Relations Board hereby amends its Direction
of Election in the above-entitled proceedings issued on December
3, 1937, by striking therefrom the words, "on the pay roll of said
Company next preceding June 29, 1936," and substituting therefor
the Words, "on the pay roll of said Company next preceding June
29, 1937."
1 4 N. L R . B. 372.
124
DECISIONS AND ORDERS 125
[SAME TITLE
CERTIFICATION OF REPRESENTATIVES
March 9, 1938
On June 16, 1937, United Shoe Workers of America, herein called
the U. S. W., filed with the Regional Director for the First Region
(Boston, Massachusetts) a petition 'alleging that a question affecting
commerce had arisen concerning the representation of employees of
Lenox Shoe Company, Inc., Freeport, Maine, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. Thereafter, the National Labor
Relations Board, herein called the Board, acting pursuant to Article
II, Section 37 (b), of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered that the case be consoli-
dated with another case which had been commenced on July 12,
1937, by a charge filed by the U. S. W. with the Regional Director
alleging certain unfair labor practices on the part of the Company:,
Pursuant to notice duly served upon the Company a joint hearing
in the two proceedings was held in Freeport, Maine, on July 26, 27,
and 28, 1937, before Irving G. McCann, the Trial Examiner duly
designated by the Board. At the beginning of the hearing, the Trial
Examiner granted the petition of Boot and Shoe Workers' Union, a
labor organization claiming to represent employees of the Company,
herein, called the B. & S. W. U., to intervene. The Board, the Com-
pany, the U. S. W., and the B. & S. W. U. were represented by coun-
sel. On December 3, 1937, the Board issued a Decision and Direction
of Election in the two cases. The Direction of Election provided
that an election by secret ballot be conducted among the production
employees of the Company at its Freeport, Maine, plant, whose names
appeared on the pay roll next preceding June 29, 1936, exclusive of
foremen and supervisory employees and those who had obtained
regular and substantially equivalent employment elsewhere, to de-
termine whether they desired to be represented by the U. S. W. or by
the B. & S. W. U. for the purposes of collective bargaining, or by
neither. The Direction of Election further provided that the elec-
tion should be held at such time as the Board should thereafter direct.
On February 5, 1938, the Board issued a Supplemental Direction of
Election directing an election within 20 days. On February 10,
1938, the Board issued an Amendment to Direction of Election cor-
recting the pay-roll eligibility date specified from June 29, 1936 to
June 29, 1937.
1 Case No. C-255.
126 NATIONAL LABOR RELATIONS BOARD
Pursuant to the Direction of Election, as supplemented and
amended, an election by secret ballot was conducted on February 17,
1938. Full opportunity was accorded to all the parties to this investi-
gation to participate in the conduct of the election and to make chal-
lenges. On February 18, 1938, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, issued and duly served
upon the parties to the proceeding his Intermediate Report on the
ballot. No exceptions to that Intermediate Report have been filed by
any of the parties.
As to the balloting and the results, the Regional Director reported
as follows :
Number of employees on voting list ----------------------------- 830
Total number of ballots cast___________________________________ 415
Total number of ballots cast for B. & S W. U____________________ 246.
Total number of ballots cast for U. S. W_________________________ 153
Total number of ballots cast for neither organization_____________ 14
Total number of blank ballots__________________________________ 0
Total number of void ballots____________________________________ 2
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 1, as amended,
IT IS HEREBY CERTIFIED that Boot and Shoe Workers' Union has been
designated and selected by a majority of the production employees of
Lenox Shoe Company, Inc., at its Freeport, Maine, plant, exclusive
of foremen and supervisory employees, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the National Labor Relations Act, Boot and Shoe Workers' Union
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
2 The list included the names of an undetermined number of persons who had obtained
regular and substantially equivalent employment elsewhere and who were therefore ruled
ineligible to vote as employees The exact number of eligible voters was not determined.