American Furniture Co., Inc.

National Labor Relations Board - Board Decisions

Jul 18, 1944

57 N.L.R.B. 408 (N.L.R.B. 1944)

In the Matter of AMERICAN FURNITURE COMPANY, INCORPORATED and
UNITED FURNITURE WORKERS OF AMERICA, C. I. O.
Case No. 5-R-1-593.-Decided July 18, 1944
Mr. Kennon C. Whittle, of Martinsville, Va., for the Company.
Mr. Bernard Hiatt, of High Point, N. C., for the Union.
.Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Furniture Workers of America,
C. I. 0., herein called the Union, aleging that a question affecting
commerce had- arisen concerning the representation of employees of
American Furniture Company, Incorporated, Martinsville, Virginia,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Herman
Goldberg, Trial Examiner. Said hearing was held at Martinsville,
Virginia, oii June 24, 1944. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the -following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American. Furniture Company, Incorporated, is a Virginia corpora-
tion operating a plant at Martinsville, Virginia, where it is engaged
in the manufacture of wooden furniture. During 1943 the Company
purchased raw materials valued at about $1,500,000, approximately 86
percent of which was shipped to it from points outside the State of
Virginia. During the same period the Company manufactured prod-
57 N. L R. B., No 77
408
AMERICAN FURNITURE COMPANY, INCORPORATED 409
ucts valued at about $3,000,000, approximately 95 percent of which
was shipped to points outside the State of Virginia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America is a labor organization 'affil-
iated with the. Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees.
A statement of the Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
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
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees at the Martinsville
plant of the Company, excluding watchmen, clerical employees, general
superintendent, foremen, assistant foremen, the truck boss, and any
other supervisory employees with authority to hire, promote, dis-
charge, 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 REPRESENTATVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees 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.
' The Field Examiner reported that the -Union presented 423 membership application
cards. , There are approximately 480 employees in the appropriate unit.
410 DECISIONS OF_ NATIONAL LABOR RELATIONS- BOARD
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 Relations
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 American Furni-
ture Company, Incorporated, Martinsville, Virginia, 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 Fifth 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 Regula-
tions, 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 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 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 or not they desire to be represented by United
Furniture Workers of America, C. I. O., for the purposes of collective
bargaining.