W. B. Coon Co.

National Labor Relations Board - Board Decisions

Oct 11, 1940

27 N.L.R.B. 786 (N.L.R.B. 1940)

In the Matter of W . B. COON COMPANY and UNITED SHOE WORKERS OF
AMERICA
Case No. B-2052.-Decided October 11, 1940
Jurisdiction : shoe manufacturing industry.
Investigation and Certification of Representatives : existence of question: re.
fusal to accord recognition to union ; election necessary.
Unit Appropriate for Collective Bargaining : all employees engaged in produc-
tion work, excluding maintenance employees or others not actually engaged in
production and supervisory employees.
Warner, Harris, and Tew, by Mr. Hugh J. O'Brien, of Rochester,
N. Y., for the Company.
Mr. George Hoffenberg, of Rochester, N. Y., for the United.
Mr. Ben Berk, of Rochester, N. Y., for the Shoe Workers.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 23 and August 12, 1940, respectively, United Shoe Workers
of America, herein`called the United, filed with,the Regional Director
for the Third Region (Buffalo, New York) a petition and an amended
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of W. B. Coon Company,
Rochester, New York, 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 August 29, 1940, 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 Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On September 3, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
27 N L. R B, No. 140.
786
W. 'B. COON COMPANY 787
United, and Boot and Shoe Workers Union, herein, called the Shoe
Workers, a labor organization claiming to represent employees directly
affected by the investigation. Pursuant to the notice, a hearing was
held on September 10, 1940, at Rochester, New York, before Edward D.
Flaherty, the Trial Examiner duly designated by the Board. The
Company and the United were represented by counsel, the Shoe
Workers by an international representative; all participated in the
hearing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was afforded
all parties. At the commencement of the hearing, the Company filed
an answer to the amended petition. During the course of and at the
close of the hearing, counsel for the Company moved to dismiss the
amended petition on the ground that the statements contained in
it and made under oath by the United were known by it to be untrue
at the time they were made and that the evidence showed that the
United represents only a small minority of the employees. The Trial
Examiner reserved ruling thereon. The motions are hereby denied
During the course of the hearing counsel for the United moved to
withdraw its petition at any time prior to a decision by the Board.
The Trial Examiner reserved ruling theron. The motion is hereby
denied. 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.
On September 13, 1940, the Company filed a brief which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
W. B. Coon Company is a New York corporation having its prin-
cipal office and place of business in Rochester, New York, where it
is engaged in the manufacture, sale, and distribution of women's and
children's shoes. From August 1, 1939, to August 1, 1940, the Com-
pany purchased raw materials valued at $625,000, approximately 40
per cent of which were shipped to it from points outside the State
of New York. During this same"period, the Company sold finished
products valued at approximately $1,500,000, approximately 60 per
cent of which were shipped by it to points outside the State of New
York. The Company employs approximately 423 employees.
II. THE ORGANIZATIONS INVOLVED
United Shoe Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, Ti. admits to mein-
788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bership all production workers of the Company, excluding mainte-
nance and supervisory employees; _
Boot and- Shoe Workers Union is a labor organization affiliated
with the American Federation of Labor. It admits to membership
the same classes of employees of the Company as the United.
III. THE QUESTION CONCERNING REPRESENTATION
On July 16, 1940, the United, claiming to represent a majority of
the employees of the Company, attempted to discuss with the Company
an election to be sponsored by the Board. The Company stated that
it did not believe that either of the organizations herein involved
represented a majority of its employees and that it would not recog-
nize either of them. A statement of the Regional Director introduced
at the hearing shows that the United and the Shoe Workers represent
a subsantial number of employees in the appropriate bargaining
unit."
We find 'that a question has arisen concerning the 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 flow of commerce.
V. THE APPROPRIATE UNIT
The United, the Shoe Workers, and the Company agreed at the
hearing that all employees of the Company engaged in production
work, excluding maintenance employees or others not actually engaged
in the production of shoes and supervisory employees, constitute an
appropriate bargaining unit. We see no reason'for departing from
such unit.
We find that all employees of the Company engaged in production
work, excluding maintenance employees or others not actually engaged
in the production of shoes and supervisory employees, constitute a
unit appropriate for the purposes of collective bargaining and that
1 The United presented 176 membership or authorization cards to the Regional Director.
The Regional Director 's statement shows that 87 employees of the 376 employees on the
August 16 , 1940 , pay roll of the Company have paid dues in the Shoe Workers and that 35
employees on this pay roll have signed membership or authorization cards in the United.
W. B. COON COMPANY 789
such unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that-the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. We shall direct that the employees of the
Company eligible to vote in the election shall be those in the appro-
priate unit who were on the Company's pay roll immediately preceding
the date of our Direction of Election herein, including employees who
did not work during such pay-roll period because they were ill.or on
vacation and employees who were then- or have since been temporarily
laid off, but excluding those who have since quit or been discharged
for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following : I ,
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of W. B. Coon Company, Rochester, New York,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All employees of the Company engaged in production work, ex-
cluding maintenance employees or others not actually engaged in the
production of shoes and supervisory employees, constitute a unit appro-
priate 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 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with W. B. Coon Company, Rochester, New York, 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 Third 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 employees of the Company engaged in production work who were
790 DECISIONS OF NATIONAL , LABOR RELATIONS BOARD
employed during the pay-roll period immediately preceding the date
of this Direction , including employees who did not work during such
pay-roll period because they were ill or on vacation and employees
who were then or have since been temporarily laid off, but excluding
maintenance employees or others not actually engaged in the produc-
tion of shoes , supervisory employees , and employees who have since
quit or been discharged for cause , to determine whether they desire
to be represented by United Shoe Workers of America, affiliated with
the Congress of Industrial Organizations , or by Boot and Shoe
Workers Union, affiliated with the American Federation of Labor, for
the purposes of collective bargaining , or by neither.
[SAME TITLE
SUPPLEMENTAL DECISION
,AND
ORDER
November 14, 1940
On October 11, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding. The Direction of Election provided that
an•election by secret ballot be conducted as early as possible , but not
later than thirty (30) days from the date of the Direction of Election,
under the direction and supervision of the Regional Director for the
Third Region ( Buffalo, New York), among all employees of W. B.
Coon Company , Rochester , New York, engaged in production work
who were employed by it during the pay-roll period immediately pre-
ceding the date of the Direction of Election , including employees who
did not work during such pay-roll period because they were ill or on
vacation and employees who were then or had since been laid off, but
excluding maintenance , employees or others not actually engaged in
the, production of shoes, supervisory employees , and employees who
have since quit or been discharged for cause , to determine whether
they desired to be represented by United Shoe Workers of America,
affiliated with the Congress of Industrial Organizations , or by Boot
and Shoe Workers Union , affiliated with the American Federation of
Labor, for the purposes of collective bargaining , or by neither.
Pursuant to the Direction of Election , the election by secret ballot
was conducted on October 29, 1940, under the direction and super-
vision of the Regional Director . On October 30, 1940, the Regional
Director , acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended ,.issued
W., B. COON COMPANY 791
and duly served upon the parties an Election Report on the ballot.
No objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as -follows :.
- -Total.-on eligibility list ---_-__^ _______________s_______--_- 374
---------------------------------------Total ballots cast 367----
-
Total ballots challenged___________________________________ 2
Total blank ballots ---------------- ------------------------- 0
Total void ballots_________________________________________ 1
Total valid votes cast_____________________________________ 304.
Total votes cast for United Shoe Workers of America, affil-
iated with the Congress of Industrial- Organizations--____ 25
Total votes cast for Loot and Shoe Workers Union; affiliated
with the American Federation of Labor__________________ 107
Total votes cast for neither___________________232•-
The results of the, election show that no representative, has been
selected by a majority of the employees in the appropriate unit. The
petition, as amended, of United-Shoe Workers of America for inves-
tigation and certification of -representatives of employees of W. B.
Coon Company, Rochester, New York, will therefore be dismissed:
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY ORDERED that the petition, as amended, for investigation
and certification of representatives of employees of W. B. Coon Com-
pany, Rochester, New York, filed by United Shoe Workers of America
be, and it hereby is, dismissed.
27 14.L. R. B, No. 140a. -