American Pad and Textile Co.

National Labor Relations Board - Board Decisions

Jun 12, 1946

68 N.L.R.B. 572 (N.L.R.B. 1946)

In the Matter of AMERICAN PAD AND TEXTILE COMPANY and UPHOL-
STERERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 307,
AFL
Case Na. 9-R-2073 -Decided June 12, 1946
Waite, Schindel and Bayless, by Mr. Herbert Shaffer, of Cincinnati,
Ohio, and Mr Mel Shaw, of Greenfield, Ohio, for the Company.
Mr. J. W. Brown, of Cincinnati, Ohio, and Mr. Martin Garber, of
Chicago, Ill., for the Union.
Mr. Emil C. Farkas, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Upholsterers ' International Union of
North America, Local 307, AFL, herein called the Union, alleging
that a question affecting commerce had arisen concerning the representa-
tion of employees of American Pad and Textile Company , Greenfield,
Ohio, herein called the Company , the National Labor Relations Board
provided for an appropriate hearing upon due notice before Harold M.
Weston , Trial Examiner . The hearing was held at Cincinnati, Ohio,
on April 19 , 1946. The Company and the Union appeared and partici-
pated . All parties were afforded full opportunity to be heard , to examine
and cross-examine witnesses , and to introduce evidence bearing upon
the issues . The Trial Examiner 's rulings made at the hearing are free
from prejudicial error and are hereby affirmed . All parties were afforded
an 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 Pad and Textile Company is an Ohio corporation with its
principal office, place of business , and only plant located at Greenfield,
68 N. L . R. B, No. 80.
572
AMERICAN PAD AND TEXTILE COMPANY 573
Ohio . Prior to 1942 the Company was engaged in the manufacture of
collar pads , out-door sporting goods, and marine items . After 1942 and
during the war , it manufactured sleeping bags and life preservers for
the armed forces; presently it is engaged in the manufacture of horse
collar pads and is in the process of reconverting to peacetime produc-
tion . In the course of its business , the Company uses raw materials,
principally cotton textiles , kapok, gunning bagging , and reindeer hair,
valued annually at more than $ 1,000 ,000, approximately 99 percent of
which is shipped to its plant from points outside the State of Ohio.
Annually the Company manufactures finished products exceeding
$2,000,000 in value , 90 percent of which is shipped to points outside
the State of Ohio.
The Company admits, and we find , that it is engaged in commerce
within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Upholsterers' International Union of North America, Local 307, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 2, 1945, the Union filed a petition for an investigation
and certification of representatives of certain of the Company's em-
ployees.' On November 8, 1945, an agreement for consent election was
executed by the Company and the Union, and pursuant thereto an elec-
tion was held on November 30, 1945, under the auspices of the Board.
The results of the election showed 74 votes for the Union, 97 votes against
the Union, and 3 challenged ballots ; there were 177 eligible voters at the
time of the election.2
The Company contends that the prior consent election should consti-
tute a bar to this proceeding, or, in the alternative, that the petition
herein should be held in abeyance until November 30, 1946. We do not
agree.
More than 6 months has elapsed since that election. Moreover, we
have been informed by our Regional Office that it ascertained the follow-
ing facts as a result of the usual preliminary investigation of the peti-
tioning Union's prima facie showing of representation : there are now
I Case No. 9-R-1982.
2 On December 6, 1945, the Union filed objections to conduct affecting the results of the
election, claiming that the election should be set aside on the ground that the Company l'a'l
coerced and intimidated its employees so that they were unable to express a free choice On
January 9, 1945, the Company filed an answer in denial and a motion to strike the Union's
objections . The Company ' s motion to strike was denied by the Regional Director on January
18, 1946. On March 4 , 1946 , after the petition in this proceeding had been filed , the Union
withdrew its objections in that case,
574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
between 330 and 400 employees in the alleged appropriate unit ; and the
Union submitted 160 authorization cards, of which 2 were undated, and
the remainder bore dates subsequent to the consent election. Consider-
ing the lapse of time between the consent election and our decision herein,
the fact that the number of employees in the alleged appropriate unit
has approximately doubled and the further circumstance that the Union
has submitted as many as 160 authorization cards, virtually all of which
were obtained after the last election, we are persuaded that the policies
of the Act will best be effectuated by directing another election at this
time .3
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
The Union requests that all employees of the Company,4 excluding
cafeteria employees, office and clerical employees, foremen, foreladies, and
all 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
collective bargaining. The Company is in accord with the Union's posi-
tion, but contends that cafeteria employees should be included in the
appropriate unit.
The record discloses that cafeteria employees perform duties usual to
their classification. Since their functions, working conditions, and in-
terests are different from those of production and maintenance workers,
who constitute the unit agreed upon, we shall exclude cafeteria em-
ployees from the unit.5
We find that all employees of the Company, excluding cafeteria em-
ployees, office and clerical employees, foremen, foreladies, and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
5 See Matter of Vermont Copper Company, Inc., 59 N. L. R. B 853; Matter of Columbia
Aircraft Corporation, 60 N. L. R. B. 257; Matter of Edgewater Steel Company (Marine
Department), 63 N. L. R. B. 674.
' The original petition excluded from the unit, firemen, engineers and any other power plant
employees , and watchmen . At the hearing, both parties agreeing, the petition was amended to
include these classifications in the unit sought.
" Matter of Container Corporation of America , Ogden Plant, 62 N. L. R. B. 1101; Matter of
Sangamo Electric Company, 59 N. L. R. B . 364; Matter of Carrier Corporation, 46 N. L. R. B.
1319
AMERICAN PAD AND TEXTILE COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
575
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein, sub-
ject to the limitations and additions set forth in the Direction.
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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Pad and
Textile Company, Greenfield , Ohio, 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 Ninth 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 Regulations , among employees
in the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this Direc-
tion, 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 them-
selves in person at the polls, but excluding those employees 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 Upholsterers ' International Union of
North America, Local 307, AFL, for the purposes of collective bar-
gaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.