Paramount Shoe Company Aid United Shoe Workers Of America, C. I. O., 587 (1943)

In the Matter of PARAMOUNT SHOE COMPANY aId UNITED SHOE WORKERS OF AMERICA, C. I. O.

Case No. C-4547.-Decided December 31, 1942 Jurisdiction: shoe manufacturing industry.

Investigation and Certification of Representatives: existence of question: inability to agree on consent election; election necessary.

Unit Appropriate for Collective Bargaining: determination of appropriate units dependent upon elections to be conducted among (1) cutting department, and (2) all remaining employees excluding maintenance and shipping department employees, with specified exclusions.

Frey d& Korngold, by Mr. Karol A. Korngold, of St. Louis, Mo., for the Company.

Mr. Victor B. Harris, of St. Louis, Mo., for the C. I. O.

Mr. Al Schweitzer, of St. Louis, Mo., for the A. F. L.

Mr. A. Sumner Lawrence, of counsel to the Board.

DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petition duly filed by United Shoe Workers of America (C. I. O.), herein called the C. I. O., alleging that a question affecting commerce had arisen concerning the representation of employees of Paramount Shoe Company, St. Louis, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William W. Ward, Jr., Trial Examiner. Said hearing was held in St. Louis, Missouri, on November 12, 13, and 14, 1942. The Company, the C. I. 0., and Boot & Shoe Workers Union, A. F. L., herein called the A. F. L., appeared, participated, and 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. The Company, the C. I. 0., and the A. F. L., filed briefs which the Board has duly considered.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS'OF THE COMPANY Paramount Shoe Company, a Missouri corporation, has its principal office and place of business in St. Louis, Missouri, where it is engaged in the manufacture and sale of women's shoes. During the past 12 months, the Company purchased for use at its St. Louis, Missouri, plant, raw materials valued in excess of $700,000, of which approximately 75 percent was obtained from points outside the State of Missouri. During the same period, the Company manufactured and sold finished products valued in excess of $1,500,000 of which approximately 75 percent was shipped to points outside the State of Missouri.

The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act.

  1. THE ORGANIZATIONS INVOLVED United Shoe Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company.

    Boot & Shoe Workers Union is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company.

  2. THE QUESTIONS CONCERNING REPRESENTATION On or about June 8, 1942, all the parties to the present proceeding met at the Regional Office of the Board to discuss the possibility of a consent election. The parties were unable to reach an agreement and the matter was thereupon referred to the Board.

    A statement of the Regional Director, together with other evidence introduced in evidence at the hearing, indicate that the C. I. 0. and the A. F. L. each represents a substantial number of employees in the unit claimed by each to be appropriate.1 We find that questions affecting commerce have arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act.

    The Regional Director reported that the C. I. 0. had submitted 393 dues-payment registry cards, of which 374 appeared to bear the names of persons on the Company's pay roll of May 26, 1942, containing the names of 559 employees. The dues-payment cards indicated that the signers thereof had paid dues up to July of 1942. In addition, there was evidence at the hearing to the effect that the A. F. L. represented approximately 68 cutters from a total of 121 employees in the...

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