United Wood Heel Co.

National Labor Relations Board - Board Decisions

Mar 30, 1944

55 N.L.R.B. 869 (N.L.R.B. 1944)

In the Matter of UNITED WOOD HEEL COMPANY and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No. 14-R-865.-Decided March 30, 1944
Mr. N. W. Hartman, of St. Louis, Mo., for the Company.
Mr. George Williford, of Overland, Mo., and Mr. Palmer Crutchfield,
of St. Louis., Mo., for District 50.
Messrs. Leland H. Harlan and Thomas A. Gririvm, of St. Louis, Mo.,
for the C. I. O.
Mr. William Whitsett, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
Upon a petition duly filed by District 50, United Mine Workers
of America , herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
United Wood Heel Company, St. Louis , Missouri , herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Keith W. Blinn, Trial Ex-
aminer . Said hearing was held at St. Louis, Missouri , on February
24, 1944. At the commencement of the hearing , the Trial Examiner
granted a motion of United Shoe Workers of America , C. I. 0., herein
called the C. I. 0., to intervene . The Company , District 50, and the
C. I. O. appeared and participated in the hearing . All parties were
afforded full opportunity to be heard, to examine and cross -examine
witnesses , and to introduce evidence bearing on the issues . The Trial
examiner 's rulings made at the hearing are free from prejudicial error
and are hereby affirmed .' All parties were afforded an opportunity
to file briefs with the Board.
'The Trial Examiner reserved ruling on the Company ' s motions to dismiss the petition
for lack of jurisdiction and for want of a proper showing of a substantial interest on the
part of District 50. For the reasons hereinafter set forth, these motions are denied.
55 N. L. R. B., No. 153.
869
870 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company , a Delaware corporation , is engaged at its plant in
St. Louis , Missouri, in the manufacture of wood blocks and heels.
During 1943 it purchased raw materials, consisting of lumber and
celluloid products valued in excess of $50,000, which were shipped to
it from points outside the State of Missouri. All of the Company's
finished products were sold within the State. During 1943 the Com-
pany sold to the Samuels Shoe Company, engaged at St. Louis,
Missouri, in the manufacture of women's shoes, wood heels valued in
excess of $100,000, and to the Wolff -Tober Shoe Manufacturing Com-
pany of St. Louis, Missouri, wood heels valued at approximately
$55,000. These purchases represented approximately the total amount
of wood heels used by the two shoe companies in the manufacture of
women's shoes. During the same period the Samuels Shoe Company
sold and shipped 97 percent of its finished product, valued at more than
$3,000,000, to points outside the State of Missouri; the Wolff-Tober
Shoe Manufacturing Company sold and shipped over 82 percent of
its finished product, valued at more than $2,000,000, to points outside
the State. We find that the Company is engaged in commerce within
the meaning of the National Labor Relations Act.'
IT. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
United Shoe Workers of America, of ciliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Hr. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize District 50 or the C. I. 0.
as the exclusive bargaining representative of its employees until either
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that District 50 and the C. I. 0. each represents a
2 See, e g, N. L R. B. v. Newport News Shtipbuildting d Dry Dock Company, 308 U. S.
241, N L R B V. Cleveland -Cliffs Iron Company , 133 F. ( 2d) 295 (C C. A. 6) ; N. L.
R B v Bradford Dyeing Assn , 310 U. S 318; Consolidated Edison Company V . N. L. R. B.,
305 U S 197
UNITED WOOD HEEL COMPANY 871
substantial number of employees in the unit hereinafter found
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 Act.
IV. THE APPROPRIATE UNIT
District 50, the C. I. 0., and the Company have agreed that all pro-
duction and maintenance employees, including watchmen, shipping
clerks, truck drivers, and inspectors, but excluding office and clerical
employees, and supervisors having the authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute an appro-
priate unit. The only controversy with respect to unit concerns two
employees identified as floor girls or teachers in the heel-covering
department. The C. I. O. contends that they are supervisory em-
ployees and should be excluded from the bargaining unit. District 50
and the Company agree that they are not supervisors and should be
included. The record is clear that this classification of employees
does not have power to recommend hiring, discharging, disciplinary
action, or promotion. They spend the majority of their time working
along with production employees. Their sole distinction is that they
occasionally teach new employees. We shall include this classification
of employees in the bargaining unit.
We find that all production and maintenance employees, including
watchmen, shipping clerks, truck drivers, and inspectors, but ex-
cluding office and clerical employees, and all supervisory employees
ith 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.
a The Acting Regional Dnector reported that District 50 submitted 190 authorization
e.iids, 89 of winch bole apparently genuine original signatures ; that the names of 89 per-
son, appearing on the cards were listed on the Company' s pay roll of January 12, 1944.
which contained the names of 232 employees in the appiopriate unit ; that 69 cards wete
dated November 1 to December 1, 1943 ; that 15 were dated December 1, 1943, to January
31, 1914, and that 5 weie dated February 1 to February 24, 1944 The C I 0. submitted
SS cards, 65 of which bole apparently genuine original signatures . The names of 65 per-
sons appealing on the cards were contained in the aforesaid pay roll; 61 cards were dated
December 1. 194 ;, to January 31, 1944 ; 4 wei e dated February 1 to February 24, 1944
In v-t,!w of these facts there i s no merit in the Company's contention that there was no
showing of substantial inteicst on the part of District 50 or that the showing was im-
pioper In the Dlattet of II G. Bill Stores, Inc TVanehonse and Local 2-7, International
Longshoremen's and TVarehousenaen 's Union, C I 0 , 39 N L R. B 874 , In the Mattel of
Budd Wheel Company and Ainalgantated Plant Protection Local No . 114, UATV-CIO, 52
N L R. B GGG
872 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, 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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United Wood Heel
Company, St. Louis, Missouri, 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 Fourteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
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 employees who did not
work during the said pay-roll period because they were ill or on vaca-
tion 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 any 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 represented by District
50, United Mine Workers of America, or by United Shoe Workers of
America, C. I. 0., for the purposes of collective bargaining, or by
neither.