American Furniture Novelty Co.

National Labor Relations Board - Board DecisionsJun 7, 1940

24 N.L.R.B. 487 (N.L.R.B. 1940)

In the Matter of AMERICAN FURNITURE NOVELTY COMPANY, A COR- PORATION and UNITED FURNITURE WORKERS OF AMERICA, LOCAL 18-B, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, and FURNITURE, WOODWORKERS & FINISHERS UNION, LOCAL 18-B OF THE UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1844.-Decided June 7, 1940 Furniture Manufacturing Industry-Investigation of Representatives: con- troversy concerning representation of employees: rival organizations; employer refuses to recognize either union until question of majority is decided; em- ployer's statement of policy no bar to-Unit Appropriate for Collective Bar- gaining: all employees in the lumber yard, machine workers, machine helpers, cabinet department, cabinet helpers, hand-sand machine operators in the cabinet department, machine sand operators in the cabinet department, hand carvers, spindle carvers, stockman in the cabinet department, finishers , finish- ers' helpers, hand sanders and finishers, patchers, wrappers, rubbers, trim- mers, trimmers' helpers, packers, and craters, but excluding artists, porters, engineers , watchmen, elevator men, clerical and supervisory employees ; stipu- lation as to-Election Ordered Mr. Stephen M. Reynolds, for the Board. Wolf & Love, by Mr. Stephen Love, of Chicago, Ill., for the Company. Meyers d Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the United. Mr. Joseph M. Jacobs, of Chicago, Ill., for the Upholsterers. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 8, 1940, United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations," herein called the United, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affect- I The name of the petitioning union was amended at the hearing. The petition was filed under the name of Furniture and Bedding Workers, Local 18-B, of the United Furniture Workers of America, C. I. O. 24 N. L. R. B., No. 44. 487 488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing commerce had arisen concerning the representation of employees of American Furniture Novelty Company, Chicago, Illinois, herein called the Company, and requesting an investigation and certifica- tion of representatives pursuant to Section 9 (c) of: the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 27, 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 May 6, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the United, and Furniture, Woodworkers & Finishers Union, Local 18-B of the Up-: holsterers International Union of North America, affiliated with the American Federation of Labor, herein called the Upholsterers, a'- labor organization claiming to represent employees directly affected' by the investigation. Pursuant to the notice, a hearing was had on May 20 and 21, 1940,, at Chicago, Illinois, before Josef Hektoen, the Trial Examiner duly designated by the Board. All parties were represented by counsel and participated in the hearing. During the course of the hearing the Company moved to dismiss the petition on the ground that the Company had not refused to bargain collectively and that a valid and binding collective bargaining agreement was in existence. The Trial Examiner did not rule upon this motion. The motion is hereby denied since we find in Section III below that no collective agreement exists. 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 the admissibility 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company; American Furniture Novelty Company, 'is a Dela- ware corporation. It maintains a plant at Chicago, Illinois, where it is engaged in the manufacture of tables of various types and living-: room furniture. During the period between March '1', 1939, and' March 1, 1940, raw materials, consisting of lumber, finishing material, veneers, 'hardware, carving, and miscellaneous materials, were pur- AMERICAN. FURNITURE. NOVELTY COMPANY 489 chased for use in the Chicago plant to the value of $275,000, more than 50 per cent of the value of which was for materials brought to the Company's plant in Chicago from points outside Illinois. Dur- ing the same period the sales of products manufactured at the plant amounted to about $615,000, of which 90 per cent represented sales and shipments of finished products to points outside Illinois. II. THE ORGANIZATIONS INVOLVED United Furniture Workers of America, Local 18-B, is a labor or- ganization affiliated with the Congress of Industrial Organizations. It admits to membership production and maintenance employees of the Company. Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, is a labor organi- zation affiliated with the American Federation of Labor. It admits to membership production and maintenance employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION In the past the Company had had some dealings with the Uphol- sterers, including a statement of policy, but had not entered into any collective agreement with it. During February 1940, a representative of the United called on the Company and requested recognition of the United as sole bargaining agent of its production and maintenance employees. The Company refused to recognize the United, or the Upholsterers, until it had been determined which union represented a majority of employees concerned. We find that a question has arisen concerning 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties stipulated , and we find, that all employees of the Company at its Chicago plant who are in the lumber yard, machine workers, machine helpers, cabinet department , cabinet helpers, hand- 490 DECISIONS -OF NATIONAL' LABOR RELATIONS. BOARD sand machine operators in the cabinet department, machine-sand op- erators in the cabinet department, hand carvers, spindle carvers, stockman in the cabinet department, finishers, finishers' helpers, hand sanders and finishers, patchers, wrappers, rubbers, trimmers, trimmers' helpers, packers, and craters, but excluding artists, porters, engineers, watchmen, elevator men, and clerical and supervisory em- ployees, constitute a unit appropriate for collective bargaining. We find that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The parties stipulated, and we find, that both the United and the Upholsterers have a substantial membership among the employees in the unit we have found appropriate in Section V above. We find that an election will best resolve the question concerning repre- sentation. Those eligible to vote in this election shall be the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of this Direction of Election, includ- ing 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 employees who have since quit or been discharged for cause. The United shall be desig- nated on the ballot as Local 18-B, C. I. 0., and the Upholsterers, as Local 18-B, A. F. of L. Upon the basis of the above findings of fact and upon the entire record in this case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of American Furniture Novelty Company, Chicago, Illinois, at its Chicago, Illinois, plant, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Re- lations Act. 2. All employees in the lumber yard, machine workers, machine helpers, cabinet department, cabinet helpers, hand-sand machine operators in the cabinet department, machine-sand operators in the cabinet department, hand carvers, spindle carvers, stockman in the cabinet department, finishers, finishers' helpers, hand sanders and finishers, patchers, wrappers, rubbers, trimmers, trimmers' helpers, packers, and craters, excluding artists, porters, engineers, watchmen, elevator men, and clerical and supervisory employees, constitute a AMERICAN FURNITURE NOVELTY COMPANY 491 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 Rela- tions 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 ordered by the Board to ascertain representatives for the purposes. of collective bargaining with American Furniture Novelty Company, Chicago, Illinois, 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 Thir- teenth 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 at its Chicago, Illinois, plant who are in the lumber yard, machine workers, machine helpers, cabinet department, cabinet helpers, hand-sand machine operators in the cabinet department, machine-sand operators in the cabinet department, hand carvers, spindle carvers, stockman in the cabinet department, finishers, finishers' helpers, hand sanders and finishers, patchers, wrappers, rubbers, trimmers, trimmers' helpers, packers, and craters, who were 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 tem- porarily laid off, but excluding artists, porters, engineers, watchmen, elevator men, and supervisory and clerical employees, and employees who have since quit or been discharged for cause , to determine whether they desire to be represented by United Furniture Workers of Amer- ica, Local 18-B, affiliated with the Congress of Industrial Organ- izations , or by Furniture, Woodworkers & Finishers Union, Local 1&-B of the Upholsterers International Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.