Bunting Glider Co.

National Labor Relations Board - Board Decisions

Apr 20, 1940

22 N.L.R.B. 1138 (N.L.R.B. 1940)

In the Matter of BUNTING GLIDER COMPANY and UNITED FURNITURE
WORKERS ' QF AMERICA
Case No. R-1776.-Decided April 20, 1940
Furniture Manufacturing Industry-Investigation of Representatives: con-
troversy concerning representation of employees . rival organizations ; refusal
by employer to recognize petitioning union in view of conflicting claims of
majority designation-Unit Appropriate for Collective Bargaining : production
employees , except supervisory and clerical employees , and truck drivers ;
agreement as to-Representatives : proof of choice : results of consent election-
Certification of Representatives : upon proof of majority representation through
consent election.
Mr. Jerome I. Macht, for the Board.
Wolf, Block , Schorr cC Solis-Cohen , by Mr. Samuel A. Goldberg,
of Philadelphia , Pa., for the Company.
Mr. Philip Dorfman, of Philadelphia , Pa., for the United Furni-
ture Workers.
Syme c6 Simons , by Mr. Benjamin R. Simons of Philadelphia, Pa:,
for Bedding and Glider Workers' Union.
Mr. Wendell P. Kay, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On February 21, 1940, Local 65, United Furniture Workers of
America, affiliated with the C. I. 0., herein called Local 65, filed
with the, Regional ^ Director for'the"Fourth Region (Philadelphia',
Pennsylvania), a petition alleging that a question affecting coln-
inerce had arisen concerning the representation of employees of
Bunting Glider Company, Philadelphia, Pennsylvania, herein called
the Company, and requesting an investigation and certification` of
representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On March 1, 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
22 N. L. R. B, No. 98.
1138
BUNTING GLIDER COMPANY 1139
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On March 6 , 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company , upon Local 65,
and,upon Local-404, Bedding and Glider-Workers' Union, affiliated
with Upholsterers' International Union, American Federation of
Labor, herein called Local 404, a labor organization claiming to repre-
sent employees directly affected by the investigation. Pursuant to
notice a hearing was held on March 21, 1940 , before Henry J. Kent
the Trial Examiner duly designated by the Board. The Board, the
Company, Local 65, and Local 404 were represented by counsel and
participated in the hearing . At the hearing all the parties entered
into a stipulation and agreement providing for a consent election
to be held on April 4, 1940, under the direction and supervision of
the Regional Director , among all the production workers employed
by the Company , exclusive of supervisory and clerical employees, and
.truck : drivers, to determine whether said employees desired to be
represented by Local 65 , or by Local 404, for the purposes of collec-
tive bargaining , or by neither ; for certification by the Board on the
basis of the election; and waiving further hearing and a direction of
election by the Board . Thereafter the record was transmitted to the
Board at Washington, D. C.
Pursuant to the stipulation and agreement an election by secret
ballot was conducted on April 4, 1940, under the direction and super-
vision ofihe'Regional ' Director among all the production workers
employed by the Company, exclusive of supervisory and clerical em-
ployees, and truck drivers , to determine whether said employees
desired to be represented by Local 65, or by Local 404, for the pur-
poses of collective bargaining , or by neither . On April 6, 1940, the
Regional Director , acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, filed with the Board at Washington , D. C., his Election
Report on the ballot and issued and duly served upon the parties
copies thereof . No objections or exceptions to the Election Report
have been filed by any of the parties.
Upon the record of the case , the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bunting Glider Company is a Pennsylvania corporation operating
a plant at Philadelphia , Pennsylvania, and engaged in the manufac-
ture, sale, and distribution of gliders , metal chairs , and bed springs.
The principal raw materials used at the plant in the process of manu-
1140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
facture are steel, cotton fabrics, paint, and cartons. The gross
volume of the Company's purchases of raw materials approximates
$1,000,000 per year, 60 per cent of which are regularly shipped to its
Philadelphia plant from points outside the State of Pennsylvania.
The gross volume of the Company's sales of finished products ap-
proximates $2,500,000 per year. About 75 per cent of its finished
products are shipped from the Philadelphia plant to points outside
the State of Pennsylvania.
H. THE ORGANIZATIONS INVOLVED
Local 65, United Furniture Workers of America, affiliated with the
C. I. 0., a local of United Furniture Workers of America, is a labor
organization affiliated with Congress of Industrial Organizations, a
labor organization. Local 65 admits to membership all production
workers employed by the Company, except supervisory and clerical
employees, and truck drivers.
Local 404, Bedding and Glider Workers' Union, affiliated with the
Upholsterers' International Union, American Federation of Labor,
is a local of Upholsterers' International Union, a labor organization
affiliated with American Federation of Labor. Local 404 also admits
all production workers of the Company to membership, excluding
supervisory and clerical employees, and truck drivers.
III. THE QUESTION CONCERNING REPRESENTATION
In the stipulation and agreement mentioned above, the parties
thereto agreed, and we find, as follows: the Company has a closed-
shop contract with Local 404 expiring April 22, 1940. At the time
of the filing of the petition and at the time of the hearing, Local 65
claimed to represent a majority of the Company's employees within
the unit in which the consent election was held and herein found to
be appropriate. The Company then and theretofore refused to recog-
nize Local 65 because of a similar claim to representation by Local 404,
and because of the contract. The Company took the position that it
would recognize Local 65 as the statutory representative of employees
in the unit only if that organization were certified by the Board.
We find that a question existed concerning representation of em-
ployees of the Company at the time the petition was filed and at the
time of the hearing.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which arose,
occurring in connection with the operations of the Company described
in Section I above, had, and has, a close, intimate, and substantial
BUNTING GLIDER COMPANY 1141
relation to trade, traffic, and commerce among the several States, and
tended to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
f
In the stipulation, and agreement the parties thereto agreed that all
production workers employed by the Company, excluding supervisory
and clerical employees, and truck drivers, constitute an appropriate
unit for the purposes of collective bargaining. We see no reason to
depart from the stipulation and agreement in this regard. We there-
fore find that all production workers employed by the Company ex-
cluding supervisory and clerical employees, and truck drivers, consti-
tute a unit appropriate for the purposes of collective bargaining, and
that said unit will insure to the employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
In his Election Report of April 6, 1940, the Regional Director re-
ported as follows concerning the balloting of April 4, 1940, and its
results :
Total eligible to vote---------------------------------------- 425
Total number of ballots cast--------------------------------- 403
Total number of votes cast for Local 65, United Furniture Work-
ers of America, affiliated with the C. I. 0------------------- 93
Total number of votes cast for Local 404, Bedding and Glider
Workers' Union, affiliated with the Upholsterers' International
Union, A F. L-------------------------------------------- 306
Total number of ballots for neither-------------------------- 4
Total number of blank and void ballots----------------------- 6
Total number of challenged ballots--------------------------- 7
As already stated, no objections or exceptions to the Election Re-
port have been filed by any of the parties. Accordingly, we find that
Local 404 has been designated and selected by a majority of the em-
ployees in the appropriate unit as their representative for the pur-
poses of collective bargaining. It is, therefore, the exclusive repre-
sentative of all the employees in such unit for the purposes of collec-
tive bargaining, and we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Bunting Glider Company, Philadelphia,
28363:3-41-v.1 22-73
1142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pennsylvania , within the meaning of Section 9 ( c) and Section 2 (6)
and (7 ) of the National Labor Relations Act.
2. All production workers employed by the Company excluding
supervisory and clerical employees , and truck drivers, constitute a
unit appropriate for the purposes of collective bargaining ,, within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. Local 404, Bedding and Glider Workers' Union, affiliated with
Upholsterers' International Union, American Federation of Labor,
is the exclusive representative of all the employees in such unit for
the purposes of collective bargaining , within the meaning of Section
9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 CERTIFIED that Local 404, Bedding and Glider
Workers' Union, affiliated with Upholsterers' International Union,
American Federation of Labor, has been designated and selected by
a majority of the production workers employed by Bunting Glider
Company, Philadelphia , Pennsylvana , excluding supervisory and
clerical employees , and truck drivers, as their representative for the
purposes of collective bargaining , and that pursuant to the provisions
of Section 9 (a) of the Act, Local 404, Bedding and Glider Workers'
Union, affiliated with Upholsterers ' International Union, American
Federation of Labor, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages , hours of employment , and other conditions of
employment.
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