California Furniture Shops, Ltd.

National Labor Relations Board - Board Decisions

May 22, 1956

115 N.L.R.B. 1399 (N.L.R.B. 1956)

CALIFORNIA FURNITURE SHOPS, LTD. - 1399
general clerk A. The principal duty of this employee is to keep books
consisting of the warehouse record of materials , at which he spends 95
percent of his time. The remaining 5 percent of his time is spent help-
ing to put such materials away. The Employer contends he should be
excluded because "he is doing clerical work," and the Petitioner con-
tends he should be included because "he is doing a substantial portion
of the work in the warehouse as such." It appears from the reasons
given by the parties for their contentions regarding the unit place-
ment of this employee, and from the record as a whole, that the parties
intended by their stipulation to describe a unit of physical workers
common in the utility industry,' and therefore to exclude plant cler-
ical employees. Accordingly, as the general clerk A spends 95 per-
cent of his time performing plant clerical duties, and in view of the
apparent intention of the parties to exclude plant clerical employees,
we shall exclude him and all plant clerical employees from the unit.
We find that the following employees constitute a unit appropriate
for purposes of collective bargaining within the meaning of Section 9
(b) of the Act: All distribution, installation, and maintenance em-
ployees in the Employer's Billings division, including plant operators
No. 1, and the plant operator and welder, but excluding the general
clerk A, all other plant clerical employees, office clerical employees,
professional employees, guards and/or watchmen, and supervisors
as defined in the Act.
[Text of Direction of Election 8 omitted from publication.]
supervision and that he makes their job assignments , and directs the work of 1 of them.
The record , also reflects that the working foremen have under their supervision crews of
from 2 to 3, to as many as 8 to 10, construction and maintenance employees, the number
fluctuating from day to day , and that they work along with their crews , direct their work,
and make job assignments . It is not clear , however , whether the authority of the plant
operator ( head ) and that of working foremen is merely routine , or requires the exercise of
independent judgment . Accordingly , we shall make no unit disposition as to them, but
shall permit the plant operator ( head ) and the working foremen to vote subject to chal-
lenge.
T See Iowa Public Service Company, 102 NLRB 701.
8 As we have directed an election in a larger unit than was alternatively requested by
the Petitioner, we shall permit the Petitioner to withdraw from the election upon notice
given to the Regional Director , in writing, within 10 days from the date of this Deci-
sion and Direction of Election , if it does not desire to participate in an election in the
larger unit.
California Furniture Shops, Ltd. and Upholsterers, Wood, Bed-
ding, Metal & Chrome Furniture Workers Union, Local No. 1,
Petitioner. Case No. 21-RC-4134. May 22, 1956
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Norman H. Greer, hearing
115 NLRB No. 225.
1400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
officer. The hearing officer 's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Murdock, Rodgers, and
Bean].'
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organization named below claims to represent certain
employees of the Employer.
3. A question affecting commerce, exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act: 2
All production, maintenance, and shipping employees and leadmen
at the Employer's Los Angeles, California, plant, excluding truck-
drivers, office clerical employees, guards, watchmen, professional em-
ployees, foremen, and other supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
'The Petitioner objected to the Intervention of Local No 1010, alleging that: (a)
Local No. 1010 withdrew a petition for the same unit less than 6 months before the bear-
ing; (b ) It is not a labor organization ; ( c) it does not have a proper showing of interest;
and (d ) it Is not in compliance with the filing requirements of Section 9 (h) of the Act.
The Intervenor moved to dismiss the petition on like grounds ( omitting only Petitioner's
argument ( a) ), and urged further that the Petitioner is fronting for another organiza-
tion, Local 576, Furniture Workers, Upholsterers & Woodworkers Union, Independent.
The Employer would bar Local No. 1010 from intervening and would dismiss the petition
for substantially the same reasons advanced by the competing unions.
(a) A Board order permitting the withdrawal of a petition with prejudice to the filing
of another petition for 6 months is a time limitation applicable only to a petitioner. It
does not serve as a bar to intervention.
(b) The Petitioner and the Intervenor exist for the purpose of representing employees
with respect to wages , hours , grievances , and other terms and conditions of employment.
We find that they are labor organizations under Section 2 (5) of the Act.
(c) Showing of Interest is a matter for the Board 's administrative determination. We
find that each labor organization has a sufficient showing of Interest.
(d) The compliance questions raised here do not involve an Interpretation of the statu-
tory language ; they are therefore matters for administrative determination by collateral
proceedings only. Desaulniers and Company , 115 NLRB 1025 . The Board is admin-
istratively satisfied that the Petitioner and the Intervenor are in compliance with the
filing requirements of Section 9 (h). We are also satisfied that Local 576 Is In compli-
ance. There is no proper Issue of "fronting" as that term is used by the Board.
Member Rodgers believes that the Petitioner has the right to litigate the fact of compli-
ance In the representation proceeding itself . Accordingly , he would reopen the record
herein to permit the Petitioner to do so . See his dissent in Desaulniers and Company,
supra , footnote 3. See also N. L. R. B . v. Puerto Rico Food Products Corp ., 232 F. 2d 515
C. A. 1).
$ The unit description is In accord with a stipulation of the parties.