Baker Furniture, Inc.

National Labor Relations Board - Board Decisions

Sep 29, 1943

52 N.L.R.B. 969 (N.L.R.B. 1943)

In the Matter of BAKER FURNITURE, INC. and UNITED FURNITURE
WORKERS OF AMERICA, LOCAL 426, C. 1. 0.
Case No. 7-R-1497.-Decided September 29, 1943
Mr. Stephen F. Dunn, of Grand Rapids , Mich ., for the Company.
Mr. Russell Bogart, of Grand Rapids, Mich ., 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,
Local 426, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Baker Furniture, Inc., Holland, Michigan, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Harold A. Cranefield; Trial
Examiner. Said hearing was held at Holland, Michigan, on Septem-
ber 3, 1943. The Company and the Union 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 preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity 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
Baker Furniture, Inc., is a Delaware corporation with its principal
place of business at Holland, Michigan, where it is engaged in the
manufacture of furniture and aircraft parts. During the first 6 months
of 1943 the Company purchased raw materials for furniture manufac-
ture valued at about $250,000, approximately 90 percent of which was
shipped to it from points outside the State of Michigan. During the
52 N. L. R. B., No. 167.
969
970 DECISIONS OF NM IONNAL LABOR RELATIONS BOARD
same period the Company produced furniture valued at about $490,000,
approximately 95 percent of which was shipped to points outside the
State of Michigan.
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America, Local 426, is a labor organ-
ization affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial 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 National Labor Rela-
tions Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with the parties, that all production and
maintenance employees of the Company, excluding office and clerical
employees, plant guards, inspectors, and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
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 Company contends that no election should be held at this time
because many of its present employees are housewives and girls who
'The Regional Director reported that the Union presented 111 membership application
cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of July 10 , 1943. There are approximately 301 employees in the
appropriate unit.
BAKER FURNITURE, INC. 971
will not remain in its employ when the regular employees who are now
in the armed forces of the United States are reemployed. The record
indicates that the Company intends to employ the housewives and girls
for the duration of the present war. We conclude that an election in
the immediate future is appropriate.
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Baker Furniture,
Inc., Holland, Michigan, 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 Seventh Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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, to determine whether or not
they desire to be represented by United Furniture Workers of America,
Local 426, affiliated with the C. I. 0., for the purposes of collective
bargaining.
CanuIMAN Muirs took no part in the consideration of the above
Decision and Direction of Election.