Russell Heel Co.

National Labor Relations Board - Board Decisions

Feb 18, 1947

72 N.L.R.B. 844 (N.L.R.B. 1947)

In the Matter of ROBERT H . GOLDBAUII , MITCHELL M. SEAGAL, SIDNEY
SEAGAL AND JAMES H. EDELSTEIN , D/B/A RUSSELL HEEL Co., El'I-
PLOYER and UNITED SHOE WORKERS OF AMERICA, C. I. 0., PETITIONER
Case No. 1-R-3457.-Decided Feb uary 18, 1947
Mr. Dean Nicholson , of Haverhill , Mass., for the Employer.
Mr. William E. Thornton , of Boston . Mass ., and Mr . Leonard Ques-
ted, of Haverhill , Mass ., for the Petitioner.
Mr. Edward A. Raleigh, of Boston , Mass ., for the Intervenor.
Mr. John J. Gallione , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed,' hearing in this case was held at Law-
rence, Massachusetts, on January 3, 1947, before Sam G. Zack, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case; the National Labor Relations
Board makes the following :
FINDINGS OF FACT
0 1. TILE BUSINESS OF TILE F1II'LOYER
Robert H. Goldbaum, Mitchell M. Seagal, Sidney Seagal and James
H. Edelstein, doing business under the name of Russell Heel Co., are
engaged in the manufacture of wooden wedge heels for ladies' and
men's shoes at Lawrence, Massachusetts.2 During the past year, for
its Lawrence plant, the Employer purchased raw materials in excess
of $50,000, of which over 50 percent came from points outside the State
of Massachusetts. During the same period, its sales exceeded $50,000,
1 The petition and other formal papers were amended at the hearing to show the correct ,
name of the Employer.
2 The Employer operates another plant at Plaistow, New Hampshire ; employees at this
plant are not concerned in this proceeding.
72 N. L. R. B., No. 137.
. 844
RUSSEL HEEL CO. 845
of which over 50 percent was shipped to points outside the State of
Massachusetts.
The Employer admits and we find that it is engaged in commerce-
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress-
of Industrial Organizations, claiming to represent employees of the"
%
Employer.
Heel Makers' Federal Labor Union, #22714, herein called the Inter-
venor, is a labor organization affiliated with the American Federation
of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the-
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning-
the representation of employees of the Employer, within the meaning:
of Section 9 (c) and Section 2 (6) and (7 ) of the Act.
IV. THE APPROPRIATE UNIT
We find that in accordance with the agreement of the parties, all_'
production employees at the Employer's plant at Lawrence, Massachu-
setts, excluding executives, office and clerical employees, and all super-
visory employees with authority to hire, promote, discharge, discipline,.
or otherwise effect changes in the status of employees, or effectively
recommend such action, 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
The Petitioner requests that the Board find eligible to vote in the
election some 30 people whose employment with the Employer termi-
nated on or about October 15 , 1946, and who have not been rehired. The-
Employer and the Intervenor oppose this request , -stating that the
laid-off employees have no reasonable expectancy of reemployment
with the Employer.
The Employer 's business has substantially decreased due to recon-
version to a peacetime basis , which necessitated the Employer 's laying
off many employees on or about October 15 , 1946. The Employer's
experience in peacetime operations indicates that it will not be neces-
S46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sary to employ more workers than are presently employed.3 The
Employer does not anticipate any increase in business to warrant the
rehiring of the laid-off employees.
Therefore, since there is no reasonable probability or expectancy of
reemployment of these laid-off employees by the Employer, their
termination must be deemed permanent, and not merely temporary.'
Under these circumstances, we find them ineligible to participate in
the election hereinafter directed.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot, subject to the
limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
Purposes of collective bargaining with Robert H. Goldbaum, Mitchell
M. Seagal, Sidney Seagal and James H. Edelstein, d/b/a Russell Heel
Co., Lawrence, Massachusetts, 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 First Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
,tions-Series 4, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employ-
ees who did not work during said pay-roll period because they were
ill or on vacation or temporarily laid off, and including employees in
,the armed forces of the United States who present themselves in person
at the polls, but excluding those employees who have since quit or been
.discharged for cause and have not been rehired or reinstated prior to
,the date of the election, to determine whether. they desire to be repre-
sented by United Shoe Workers of America, C. I. 0., or by Heel
Makers' Federal Labor Union #22714, A. F. L., for the purposes of
collective bargaining, or by neither.
3 During peacetime operations prior to the war, the Employer employed approximately 25
.employees which is the appioxunate numbei now eml)loyed
Matter of bfiehle Printing Press and Manufacturing Company, 58 N. L R. B 1134;
Matter of Rockford iVdtal Prodacts, 66 N L R B 5538, Matter of Jenkins Coat Mining
Company, 70 N. L. R. B. 894.