Dreamland Bedding & Upholstery Co.

National Labor Relations Board - Board Decisions

Jul 3, 1940

25 N.L.R.B. 26 (N.L.R.B. 1940)

III the Matter of DREAMLAND BEDDING & UPHOLSTERY CO., JOHN HOEY
COMPANY, PACIFIC FELT COMPANY , ROME CO., INC., RUTHERFORD &
HOOD, SAN FRANCISCO BEDDING COMPANY , SUNSET FEATHER COM-
PANY, WILSON & JANSEN and UNITED FURNITURE WORKERS OF
AMERICA, C . I. 0., #262 , FURNITURE WORKERS UNION #1541, A. F.
OF L.
Cases Nos. RE-7 to RE-13, Inclusive
SECOND SUPPLEMENTAL DECISION
AND
ORDER
July 3, 1940
On April 19, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding.' Pursuant to the Direction of Elections,
an election by secret ballot was conducted' on April 26 among em-
ployees of Pacific Felt Company, San Francisco, California, a cor-
poration, herein called the Company, under the direction and super-
vision of the Regional Director for the Twentieth Region (San Fran-
cisco, California). On May 3, the Regional Director, acting pursu-
ant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties an Election Report upon the secret ballot, in which
she reported that 18 votes had been cast in the, election and 17
counted ; that 8 of those counted were for the Furniture Workers
Union, Local #1541, United Brotherhood of Carpenters and Join-
ers of America, A. F. of L., herein called the Furniture Workers,
and 9 were for United Furniture Workers of America, Local #262,'
C. I. 0., herein called the United; and that the remaining 1 of the
ballots cast, by one Ocken, had not been counted because of a chal-
lenge thereto by the United on the ground that such person was not
an employee of the Company at the time of the election. The Re-
gional Director, further ruled and recommended that the Board find
that Ocken was an employee and that his ballot should be counted.
On May 6 the United filed with the Regional Director its objections
122N.L R B 1120
25 N. L. R. B., No 9.
26
DREAMLAND BEDDING & UPHOLSTERY COMPANY 27
to this report, and on May 10 the Regional Director issued a Report
on Objections.' On June 3 the Board issued a Supplemental Decision
and Supplemental Direction,' copies of which were duly served on
the parties, among other things, sustaining the rulings, findings,
and recommendations of the Regional Director in her election report,
and directing the Regional Director to. count the ballot and make a
Supplemental Election Report thereon and serve copies thereof upon
the parties.
On June 7 the Regional Director, acting pursuant to the Supple=
mental Decision and Supplemental Direction, issued and duly served
upon the parties a Supplemental Election Report setting forth that
on June 3 the Regional Director had opened the challenged ballot,
that said ballot was cast for the Furniture Workers, and that upon a
count of said ballot the results of the election among employees of
the company were as follows :
'total number eligible to vote ------------------------------- 19
Number of votes for Furniture Workers Union, Local #141,
A. F. of L------------------------------------------------ 9
Number of votes for United Furniture Workers of America,
No. 262, C. I. 0------------------------------------------- 9
Total number of votes counted----------------------------- 18
Number of blank ballots ----------------------------------- 0
Number of void ballots ------------------------------------- 0
No objections to the counting of the ballot or to the Supplemental
Election Report have been filed by any of the parties.
The results of the election show that no collective bargaining
representative has been selected by a majority of the employees of the
Company in the unit heretofore found to be appropriate for collec-
tive.bargaining. The petition for investigation and certification of
representatives of employees of the Company will therefore, be dis-
nussed.
ORDER
By virtue of Section 9 (c) of the Act, 49 Stat. 449, and pursuant to
Article III, Sections 8 and 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of the Pacific Felt Com-
pany, San Francisco, California, filed herein by said Company be
and it hereby is, dismissed.
2 24 N L ii B 306
28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
SAME TITLE]
THIRD SUPPLEMENTAL DECISION
ORDER
AND
SUPPLEMENTAL DIRECTION OF ELECTION
July 09, 1940
On April 19, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled cases,' wherein the Board, among other things, directed
that an election by secret ballot be held among certain employees of
Premier Bed and Spring Company, a corporation doing business
under the trade name of Rome Co., Inc., San Francisco, California,
herein called the Company, to determine whether such employees
desired to be represented by United Furniture Workers of America,
Local #262, C. I. 0., herein called the United, or by Furniture
Workers Union, Local #1541, United Brotherhood of Carpenters and
Joiners of America, A. F. of L., herein called the Furniture Workers,
for purposes of collective bargaining, or by neither.
Pursuant to the Direction of Elections an election by secret ballot
was conducted among the aforesaid employees of the Company on
April 26, 1940, under the direction and supervision of the Regional
Director for the Twentieth Region (San Francisco, California). On
May 3, 1940, the Regional Director issued and duly served on the
parties herein an Election Report. On May 7, 1940, the United filed
herein its Objections to the conduct of the election and to the Election
Report. Thereafter the Regional Director issued and duly served on
the parties herein a Report on Objections.
On July 13, 1940, the Company, the United, the Furniture Work-
ers, and counsel for the Board entered into a stipulation and
agreement, which provided as follows :
This Stipulation and Agreement by and between Premier Bed
and Spring Company, a corporation doing business under the
trade name of Rome Co., Inc., one of the petitioners in the above
entitled matter, hereinafter called the Company, United Furni-
ture Workers of America, C. I. 0., #262, party to the above
entitled matter, hereinafter called the C. I. O. Union, Furniture
Workers Union #1541, A. F. of L., party to the above entitled
matter, hereinafter called the A. F. of L. Union, and Leslie
'22N L R.B 1120
DREAMLAND BEDDING & UPHOLSTERY COMPANY 29
Lubliner, Attorney for the National Labor Relations Board in
the above entitled matter; witnesseth:
Whereas, on April 19, 1940, the _ National Labor Relations
Board 'issued its Decision and Direction of Elections in the
above entitled matter ; and
Whereas, on April 26, 1940, pursuant to said Decision and
Direction of Elections, an election was conducted among the
employees of Rome Co., Inc. ; and
Whereas, on May 6, 1940,2 certain objections were filed pur-
suant to Article III, Section 9, of the National Labor Relations
Board Rules and Regulations, Series 2, as amended, by the
C. I. 0. Union; and
Whereas, the parties hereto have agreed that the results of
said election shall be set aside and a new election conducted;
Now, therefore, the parties hereto do hereby agree as follows :
(1) The Company shall post immediately, in conspicuous
places at its San Francisco plant, and keep posted for a period
of thirty (30) days, notices in the form attached hereto as
Appendix "A";
(2) Said election above referred to and the results thereof
shall be set aside and an election by secret ballot shall be con-
ducted as follows :
Said election shall be held as soon as possible after the ex-
piration of thirty (30) days from the date of the posting of the
notices hereinabove referred to among all of the employees of
Premier Bed and Spring Company, a corporation doing business
under the trade name of Rome Co., Inc., San Francisco, Califor-
Illa, engaged in the fabricating, repairing, renovating, assem-
bling, or handling of furniture and bedding or parts thereof,
including foremen engaged generally as working foremen, help,-
ers, apprentices, maintenance men, and all other workers, but
excluding executives, salesmen, truck drivers, general office em-
ployees, shipping clerks, non-working foremen engaged generally
in supervisory non-working duties, and foremen who take no
part in the fabricating, repairing, renovating, assembling or
handling of furniture, bedding, or parts thereof.
All of the employees whose names appeared on the list of
eligible voters used in the election above referred to, and no
others, shall be eligible to vote in this election, with the ex-
ception that employees who have been discharged for cause or
who have quit subsequent to March 15, 1940, shall not be eligible
to vote in this election.
2 These objections were filed, as above stated, on May 7, 1940
30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
NOTICE TO EMPLOYEES Or PREMIER BED AND SPRING COMPANY,
DOING BusINESS AS ROME Co., INC.
The following is a copy of Section 7 of the National Labor
Relations Act, which is posted here for your nlformation :
Section 7. Employees shall have the right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing,
and to engage in concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection.
You are hereby notified :
1. Rome Co., Inc., recognizes the right of its employees to
self-organization, to form, join or assist labor organizations, to
bargain collectively through representatives of their own choos-
ing, and to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
2. Rome Co., Inc., and its officers and agents, will not in any
manner interfere with, restrain, or coerce its employees in the
exercise of the above rights.
3. Rome Co., Inc., and its officers and agents, will not dis-
courage membership in any bona fide labor organization of its
employees, by discharging, threatening to discharge, or by re-
fusing to reinstate any of its employees, or by refusing to hire
any applicants for employment, or by discriminating in any
other manner against them in regard to hire or tenure of em-
ployment, or any term or condition of employment, because
they have joined or assisted any such labor organization.
4. This notice will remain posted for at least thirty (30) days
from the date hereof.
Dated this ------ day of ------ -------- 1940.
PREMIER BED AND SPRING COMPANY,
DOING BUSINESS AS ROME CO., INC.
By ---------------------------------
ExHIBIT "A"
The Board hereby approves said stipulation and agreement and
the same is hereby ordered filed instanter as a part of the record in
these proceedings. In view of this stipulation and agreement we
shall set aside as of no force the afore-mentioned election and the
results thereof, and shall direct a new election as agreed upon. The
unit in which such new election is to be held has heretofore been
found herein to be appropriate for collective bargaining purposes.
DREAMLAND BEDDING & UPHOLSTERY COMPANY 31
ORDER
Upon the basis of the above stipulation and agreement and the
entire record in these proceedings and pursuant to Section 9 (c) of
the National Labor Relations Act, the National Labor Relations
Board hereby orders that the election heretofore conducted herein
on April 26, 1940, among employees of the Premier Bed and Spring
Company, a corporation doing business under the trade name of
Rome Co., Inc., San Francisco; California, and the results of said
election be, and the same hereby are, set aside, and determined to be
of no force or effect whatsoever.
SUPPLEMENTAL 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 Re-
lations Act, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for purposes of collective bargaining with
Premier Bed and Spring Company, a corporation doing business
under the trade name of Rome Co., Inc., San Francisco, California,
an election by secret ballot shall be conducted as soon as possible,
after the expiration of thirty (30) days from the date of posting by
said Company of notices in the form set forth in Appendix A at-
tached--hereto and made a -part hereof, in conspicuous places at the
San Franciso plant of said Company, said election to be conducted
under the direction and supervision of the Regional Director for the
Twentieth 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 Premier Bed and
Spring Company, a corporation doing business under the trade name
of Rome Co., Inc., San Francisco, California, engaged in the fabri-
cating, repairing, renovating, assembling, or handling of furniture
and bedding or parts thereof, including foremen engaged generally
as working foremen, helpers, apprentices, maintenance men, and
all other workers, but excluding executives, salesmen, truck drivers,
general office employees, shipping clerks, non-working foremen en-
gaged generally in supervisory non-working duties, and foremen who
take no part in the fabricating, repairing, renovating, assembling or
handling of furniture, bedding, or parts thereof whose names ap-
peared on the list of eligible voters.used in the election heretofore
conducted herein among such employees on April 26, 1940, but exclud-
ing all employees who since March 15, 1940, have quit or been dis-
32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
charged for cause, to determine whether or not such employees desire
to be represented by United Furniture Workers of America, Local
#262, C. I. O. or by Furnitiire Workers Union, Local #1541, United
Brotherhood of Carpenters and Joiners of America, A. F. of L., for
purposes of collective bargaining, or by neither.
Mn. WILLIAM M. LEISERSON took no part in the consideration of the
above Third Supplemental Decision, Order, and Supplemental Direc-
tion of Election.
APPENDIX A
NOTICE TO EMPLOYEES OF, PREMIER BED AND SPRING COMPANY, DOING
BUSINESS AS RODIE CO., INC.
The following is a copy of Section 7 of the National Labor Rela-
tions Act, which is posted here for your information:
Section 7. Employees shall have the right to self-organiza-
tion, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing,
and to engage in concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection.
You are hereby notified :
1. Rome Co., Inc., recognizes the right of its employees to self-
organization, to form, join or assist labor organizations, to bargain
collectively through representatives of their own choosing, and to
,engage in concerted activities for the purpose of collective bargaining
,or other mutual aid or protection.
2. Rome Co., Inc., and its officers and agents, will not in any
manner interfere with, restrain, or coerce its employees in the exer-
cise of the above rights.
3. Rome Co., Inc., and its officers and agents, will not discourage
membership in any bona fide labor organization of its employees, by
discharging, threatening to discharge, or by refusing to reinstate
any of its employees, or by refusing to hire any applicants for em-
ployment, or by discriminating in any other manner against them
in regard to hire or tenure of employment, or any term or condition
of employment, because they have joined or assisted any such labor
organization. ,
4. This notice will remain posted for at least thirty (30) days
from the date hereof.
Dated this -------- day of ------------, 1940.
PREMIER BED AND SPRING COMPANY,
DOING BUSINESS As ROME Co., INC.
By ---------------------------------
25 N. L. R. B., No 9a.