Novelty Slipper Co.

National Labor Relations Board - Board Decisions

Feb 12, 1938

5 N.L.R.B. 264 (N.L.R.B. 1938)

In the Matter of NOVELTY SLIPPER Co. and EMPLOYEES OF NOVELTY
SLIPPER Co., INC., and BOOT & SHOE WORKERS' UNION, A. F. OF L.
Case No. R-496.-Decided February 10, 1938
Shoe Manufacturing Industry-Investigation of Representatives: controversy
concerning representation of employees : rival organizations ; refusal by em-
ployer to recognize petitioning union as exclusive representative of its em-
ployees; substantial doubt as to majority status; strike-Unit Appropriate for
Collective Bargaining : all employees except office and supervisory employees ;
no controversy as to-Election Ordered: employees on pay r611 for period imme-
diately preceding filing of petition eligible to vote.
Mr. Christopher Hoey, for the Board.
Tachna f Pinkussohn, by Mr. Lewis A. Pinkussohn of New York
City, for the Company.
Mr. Charlton Ogburn, by Mr. Arthur E. Reyinan of New York City,
for the Boot & Shoe Workers' Union.
Mr. ,Samuel Sacher and Mr. Sidney L. Cohn of New York City,
for the United Shoe Workers of America.
Mr. Bliss Daffan, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 19, 1937, Boot & Shoe WYorkers' Union, A. F. of L.,
hereinafter called the Boot & Shoe Workers, and Employees of Nov-
elty Slipper Co., Inc., filed with the Regional Director for the Sec-
ond Region (New York City) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Novelty Slipper Co., Inc., New York City, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On November
26, 1937, 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 Relations Board Rules and Regula-
tions-Series 1, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
I Incorrectly designated in the order directing investigation as Novelty Slipper Co
264
DECISIONS AND ORDERS 265
On December 3, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the Boot & Shoe Workers, and upon the United Shoe Workers of
America, herein called the United, a labor organization claiming to
represent employees directly affected by the investigation. On De-
cember 4, 1937, the Regional Director issued a supplemental notice
of hearing, copies of which were also duly served on the Company,
the Boot & Shoe Workers and the United. Pursuant to the notice,
as supplemented, a hearing was held on December 11, 1937, at New
York City, before H. R. Korey, the Trial Examiner duly designated
by the Board. The Board, the Company, the Boot & Shoe Workers
and the United were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and to 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
H. THE ORGANIZATIONS INVOLVED
The Company , a New York corporation , with its plant in New
L'ork City, is engaged in the manufacture and distribution of slip-
pers, sandals, and shoes . It employs salesmen who travel through-
-out the United States and in Europe , and also maintains a sales
office in Los Angeles , California.
The Company uses in connection with its manufacturing opera-
tions leather , fabrics, wood , hair padding and threads . Fifty per
cent of all these materials are obtained outside of the State of New.
York.
The total sales of the Company each year amount to about
$1,000,000, approximately fifty per cent of the finished products
being shipped outside the State of New York.
H. THE ORGANIZATIONS INVOLVED
Boot & Shoe Workers' Union is a labor organization affiliated with
the American Federation of Labor, admitting to its membership all
production employees of the Company, excluding supervisory and
office employees.
United Shoe Workers of America is a labor organization affiliated
with the Committee for Industrial Organization. It admits to its
membership all production employees of the company, excluding
supervisory and office employees.
266 NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On or about March 5, 1937, the Boot & Shoe Workers entered into a
contract with the Company which provided that the Company should
employ only members of the Boot & Shoe Workers except in case the
union was unable to supply sufficient workers to the Company. The
term of this contract was from March 1, 1937 to February 15, 1938.
Thereafter, the Boot & Shoe Workers and the United stipulated 2 to
the holding of a consent election under the supervision of the Regional
Director of the Second Region for the purpose of determining the
collective bargaining agency desired by the employees of the Com-
pany, exclusive of office and supervisory employees. The Boot &
Shoe Workers and the United also exchanged letters relative to the
effect of such election on existing and future contracts. The letter
of the Boot & Shoe Workers stated that "This will constitute the as-
surance of the Boot and Shoe Workers Union, A. F. of L. that our
organization will not interfere in the carrying out of existing and
future contracts made, or to be made, between employers and the
United Shoe Workers of America of the C. I. 0., where the C. I. O.
represents a majority of the votes cast at consent elections to be
scheduled by the Board." The letter of the United was as follows :
"This will constitute the assurance of the United Shoe Workers of
America of the C. I. O. that our organization will not interfere in the
carrying out of existing contracts between employers and the Boot
and Shoe Workers Union, A. F. of L., where the A. F. of L. repre-
sents a majority of the votes cast at consent elections to be scheduled
by the Board."
Pursuant to the agreement, an election was held July 28, 1937, at
which the United received a majority of the votes cast. The Report
upon the secret ballot 3 by the Regional Director of the Second Region
showed that 216 persons were eligible to vote, 185 ballots were cast,
121 votes were cast for the United, and 63 votes were cast for the
Boot & Shoe Workers.
In accordance with the agreement, the United assumed the position
of the Boot & Shoe Workers under the contract and the employees of
the Company became members of the United.
Thereafter, in October 1937, John J. Sorce, an employee of the
Company and general shop chairman of the United, obtained mem-
bership pledge cards of the Boot & Shoe Workers from Anthony
Formichelli, who was originally business agent for the Boot & Shoe
Workers for the employees of the Company, and who had acted as
such for the United until defeated at an election held by the United
on or about October 14, 1937. Sorce and a shop committee, of seven,
2 United Shoe Exhibits No 2-A and 2-B.
3 Boot & Shoe Exhibit No. 10-C.
DECISIONS AND ORDERS 267
obtained approximately 172 signatures among the employees of the
Company to such pledge cards.
On November 15, 1937, the Boot & Shoe Workers, claiming to repre-
sent a majority of the employees of the Company, exclusive of office
and supervisory employees, sought to bargain with the Company for
a contract to take effect February 15, 1938. The Company refused to
enter into such negotiations, stating as the reason for such refusal the
,contract which had been taken over by the United. Upon such refusal,
all the employees of the Company except about 40 immediately went
•on strike.
On November 17, 1937, a petition, signed by 151 employees of the
Company, and stating such employees desired representation by the
Boot & Shoe Workers, was presented to the Regional Director. On
November 19, the Boot & Shoe Workers filed its petition for investi-
gation and certification of representatives. The strike terminated on
November 22, upon advice of the Regional Director that the settlement
of the matter of representation must await decision by the Board.
We find that a question has arisen concerning 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 flo* of commerce.
V. THE APPROPRIATE UNIT
In its petition the Boot & Shoe Workers alleged that all employees
of the Company, excluding supervisory and office employees, con-
tituted an appropriate unit. Neither the Company nor the United
raised any objection as to this unit.
We find that all the employees of the Company, excluding super-
visory and office employees, constitute a unit appropriate for the
Purposes of collective bargaining and that said unit will insure to
employees of the Company the full benefit of their right to self-organi-
zation and to collective bargaining and otherwise effectuate the
;policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
J
The pay roll of the Company as of November 24, 1937, introduced
in evidence at 'the hearing, showed approximately 213 employees
within the appropriate unit. The Boot & Shoe Workers submitted in
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268 NATIONAL LABOR RELATIONS BOARD
evidence 171 application cards signed by employees between Novem-
ber 9 and November 17, 193 7. It also submitted in evidence petitions
dated December 9, 1937, in which said employees reaffirmed their
membership in the Boot & Shoe Workers . The United claims that
the application cards and the petitions do not reflect the true desires
of the employees , but that the signatures were obtained due to the
fear of employees that they would lose their jobs.
We find that the question which has arisen concerning representa-
tion can best be resolved by the holding of an election by secret
ballot.
On the basis of the above findings of fact and upon the entire record
in the case , the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Novelty Slipper Co ., Inc., New York City,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. The employees of the Company , excluding supervisory and office
employees, constitute a unit appropriate for the purposes of collective
bargaining , within the meaning of Section 9 ( b) of the National Labor
Relations 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 Relations Act,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 1, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Novelty
Slipper Co., Inc., New York City, an election by secret ballot shall be
conducted within fifteen (15) days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Second 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 the employees of the Novelty Slipper Co.,
Inc., who were employed by the Company during the pay-roll period
next preceding the filing of the petition in this case , excluding office
and supervisory employees, and employees who quit or were dis-
charged for cause between such date and the date of election, to de-
termine whether they desire to be represented by Boot & Shoe
Workers' Union, affiliated with the American Federation of Labor
or the United Shoe Workers of America, affiliated with the Committee
for Industrial Organization , for the purposes of collective bargaining,
or by neither.
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