Princely Products, Inc.

National Labor Relations Board - Board Decisions

Sep 16, 1939

15 N.L.R.B. 438 (N.L.R.B. 1939)

In the-Matter of PRINCELY PRODUCTS, INC. and UNITED SHOE WORKERS
OF AMERICA, C. I. O.
Case No. R-1455.-Decided September 16, 1939
Shoe Manufacturing Industry-Investigation of Representatives : question
concerning representation : company refused to recognize one of two competing
unions as exclusive representative-Contracts : no bar to investigation because
no proof of majority when contract was entered into, and contract is ambiguous
as to duration-Unit Appropriate for Collective Bargaining : production em-
ployees excluding supervisors , foremen, porters , office and clerical workers,
shipping and receiving clerks, salesmen and executives , and machinists ; stipu-
lation as to-Election Ordered
Mr. Richard J. Hickey and Mr. Arthur C. O'Comior, for the Board.
Illr. Julius Crane, of Binghamton , N. Y., and Mr. Anthony Seimeca,
of New York City, for the United.
Mr. Sidney S. Goldstein, of New York City, for the Company.
Mr. James P. Corbett, of Cohoes , N. Y., for Local No. 21514.,
Mr. Edward Scheunaemann , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 29, 1939, United Shoe Workers of America, C. I. 0., herein
called the United, filed with the Regional Director for the Second
Region (New York City) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Princely Products, Inc., Cohoes, New York, 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. On August 4, 1939, 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, ordered an inves-
tigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
On August 7, 1939, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the United,
15 N. L. R. B., No. 44.
438
PRINCELY PRODUCTS, INC. 439
and upon Boot and Shoe Workers Union, A. F. of L., a labor organi-
zation claiming to represent employees directly affected by the inves-
tigation. Pursuant to the notice, a hearing was held on August .21,
1939, at Cohoes, New York, before Whitley P.. McCoy, the Trial
Examiner duly designated by the Board. American Federation of
Labor, Local No. 21514, herein called Local No. 21514, another labor
organization claiming to represent employees affected by the investi-
gation, intervened at the hearing. Boot and Shoe Workers Union,
A. F. of L., appeared at the hearing on behalf of Local No. 21514,'but
not on its own behalf. The Board and the Company were represented
by counsel, and the United and Local No. 21514, by their representa-
tives; and 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. 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. During the hearing the Company and the A. F. of L.
moved to dismiss the petition. That motion is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FAOT
I. THE BUSINESS OF THE COMPANY
Princely. Products,, Inc., is a New York corporation having its
office and factory in Cohoes, New York. The Company is engaged
in the manufacture and sale of house slippers and sandals, and has
approximately 130 employees.
During the first 6 months of 1939, the Company purchased raw
materials of the value of $24,000, constituting 60 per cent of the raw
materials used, outside of the State of New York. During the same
period, about $50,000 of finished products, or 80 per cent, were sold
outside the State of New York. The Company concedes that it is
engaged in interstate commerce and is subject to the jurisdiction of
the Board.
II. THE ORGANIZATIONS INVOLVED
United Shoe Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to its
membership all of the production employees of the Company, ex-
cluding supervisors, foremen, porters, office and clerical help, shipping
and receiving clerks, salesmen and executives, and machinists.
440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
American Federation of Labor, Local No. 21514, is a labor organi-
zation admitting to membership all of the production employees of
the Company, excluding supervisors, foremen, porters, office and
clerical help, shipping and receiving clerks, salesmen and executives,
and machinists.
III. THE QUESTION CONCERNING REPRESENTATION
Both the United and Local No. 21514 began organizing campaigns
among the employees of the Company about June 3, 1939. Both
unions claimed to represent a majority prior to June 9, at which time
a group of employees asked the vice president of the Company to
refrain from signing a contract with either union until they had
decided which one' they wanted. On June 10, the Company entered
into a written sole bargaining contract' with Local No. 21514. The
record presents no convincing proof that Local No. 21514 represented
a majority of the employees at that time. It was given an oppor-
tunity to introduce membership cards in evidence but declined to do
so. Furthermore, the terms of the contract are capable of the con-
struction that the contract was to expire August 10, 1939, and is no
longer in effect. On June 12, 1939, the United requested that the
Company bargain with it, and the Company refused because of the
contract with Local No. 21514. A -strike was called June 12 and
later settled by an agreement pursuant to which the Company bar-
gained with a representative committee of employees until such time
as an election would be held by the Board.
We find that a question has arisen concerning representation of
employees of the Company.'
I1'. 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 Company, the United, and Local No. 21514 agreed by stipu-
lation that all the production employees of the Company, excluding
'All parties entered into a stipulation that a question had arisen concerning repre-
sentation and requested an election.
PRINCELY PRODUCTS, INC. 441
supervisors, foremen, porters, office and clerical workers, shipping and
receiving clerks, salesmen and executives, and machinists, constitute
,an appropriate unit. We see no reason for deviating from this
agreement.
We accordingly find that all production employees of the Com-
pany, excluding supervisors, foremen, porters, office and clerical
workers, shipping and receiving clerks, salesmen, and executives, and
machinists, constitute a unit appropriate for the purposes of collec-
tive bargaining and that said unit will insure to employees of the
Company the full benefits of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.2
VI. THE DETERMINATION OF REPRESENTATIVES
Although the United and Local No. 21514 each claims to represent
a majority of the employees in the appropriate unit, neither union
at the hearing presented convincing evidence that it had been desig-
nated by a majority of such employees. Under the circumstances,
the question concerning representation which has arisen will best be
resolved in an, election by secret ballot. The parties stipulated their
preference that th * e Company's pay roll for June 10, 1939, the pay
roll preceding the strike, should be used in determining eligibility
to vote in an election. Inasmuch as the strike has been settled and
the strikers have returned to work, we are of the opinion that. a later
eligibility date will better reflect the wishes of the Company's em-
ployees at the time of the election. We shall accordingly direct that
those employees of the Company in the appropriate unit who were
employed during the pay-roll period last preceding the date of this
Direction, excluding any who have since quit or been discharged for
cause, shall be eligible to vote.
It was agreed by stipulation that the United should appear on the
ballot as United Shoe Workers of America, Joint Council No. 13,
affiliated with the Congress of Industrial Organizations; and Local
No. 21514 as American Federation of Labor, Local No. 21514.. We
find no reason for denying effect to that stipulation.
Upon 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 represen-
tation of employees of Princely Products, Inc., Cohoes, New York,
z A question was raised at the hearing concerning the status of George Shahan.
We find that he became a foreman on July 31, and is therefore excluded from the unit.
442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. The production employees of the Company, excluding super-,
visors, foremen, porters, office and clerical help, shipping and receiv-
ing clerks, salesmen and executives, and machinists, 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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collec-
tive bargaining with Princely Products, Inc., of Cohoes, New York,
an election by secret ballot shall be conducted within fifteen (15)
days from the date of this Direction, under the direction and super-
vision 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 production employees of the Company who were employed during
the pay-roll period last preceding the date of this Direction, includ-
ing any who did not work during that period because they were ill
or on vacation and any who were then or have since been temporarily
laid off, but excluding supervisors, foremen, porters, office and cler-
ical help, shipping and receiving clerks, salesmen and executives, and
machinists, and any employees who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by United Shoe Workers of America, Joint Council No. 13, affili-
ated with the Congress of Industrial Organizations, or by American
Federation of Labor, Local No. 21514, or neither, for the purposes' of
collective bargaining.