Geo Evans Bedding Co.

National Labor Relations Board - Board DecisionsMay 21, 1946

68 N.L.R.B. 164 (N.L.R.B. 1946)

In the Matter of ROSETTA EVANS AND WARREN G. EVANS, A PARTNER- SHIP, D/B/A GEO EVANS BEDDING COMPANY and UPHOLSTERERS' IN- TERNATIONAL UNION, LOCAL UNION No. 25, AFL Case No. 14-R-1366.-Decided May 21, 1946 Mr. Hyman G Stein, of St. Louis, Mo., for the Company. Mr. Charles H. Muench, of St. Louis, Mo., for the Union. Mr. Arthur Christopher, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Upholsterers' International Union, Local Union No. 25, AFL, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Rosetta Evans and Warren G. Evans, a partnership, d/b/a Geo. Evans Bedding Company, St. Louis, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Keith W. Blinn , Trial Examiner. The hearing was held at St. Louis, Missouri, on March 25, 1946. The Company and the Union appeared and participated. All parties were afforded ful opportunity to be heard, to examine and cross- examine witnesses, an( to introduce evidence bearing on the issues. At the hearing, the Com- pany moved to dismiss the petition on the ground that the contemplated expansion of personnel in the alleged appropriate unit militates against a present determination of representatives. The Trial Examiner referred the motion to the Board. For reasons stated hereinafter, the motion is hereby denied. The Trial Examiner' s rulings made at the hearing are free from prejudicial error and are herby affirmed. All parties were afforded opportunity to file briefs with the Board. 68 N. L. R. B, No. 23. 164 ROSETTA EVANS AND WARREN G. EVANS 165 Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Rosetta Evans and Warren G. Evans, a partnership, d/b/a Geo. Evans Bedding Company, are engaged in the business of manufacturing sofa beds, mattresses, and box springs at their plant in St. Louis, Missouri. During 1945, the Company purchased raw materials, including cotton, ticking, and lumber, of a value in excess of $100,000, approximately 50 percent of which was shipped by the Company to points outside the State. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Upholsterers' International Union, Local Union No. 25, is a labor or- ganization, affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the rc >resentation of employees of the Company, within the meaning of Section 0 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT he parties are generally agreed that the appropriate unit should con- sist, of all production employees of the Company, excluding office and cle,ical employees and all supervisory employees. However, they are in di-tgreement as to the inclusion or exclusion of the plant foreman; the t' in would include him, whereas the Company would exclude him. The Field Examiner reported that the Union submitted seven cards and that, of these c. ds, six bore the names of employees listed on the Company's pay roll of January 18, 1946. 7 ere are approximately nine employees in the appropriate unit. 166 DECISIONS OF i\ i , IOAAL LABOR RELA'l IONS BOARD The Company employs one plant foreman who is under the general supervision of the Company's manager. The plant foreman, in turn, supervises all production employees. In addition, he spends about 45 percent of his time in manual work. He has the absolute power to hire or to discharge subordinate employees. Accordingly, we find that the plant foreman is a supervisor within the Board's customary definition. We shall, therefore, exclude him from the unit. We find that all production employees of the Company, excluding office and clerical employees, plant foreman, and all other supervisory employees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The Company contends that an election would be inappropriate at the present time because it does not have a full staff of employees. At the time of the hearing, the Company's pay roll listed nine employees in the unit found appropriate in Section IV, supra, or about 27 percent of the anticipated full complement. The record reveals that the Company hopes to expand its pay roll to include approximately 33 production employees as soon as additional materials are available. The record also reveals, however, that the Com- pany has no knowledge of, nor can it predict, when such materials may become available. It appears that the Company has been using its present number of employees in the production of finished products since 1941 and that this group of employees is representative of the total working force which may ultimately be employed. Therefore, in view of the uncertainty as to when the contemplated expansion of the Company's pay roll will occur and in consideration of the fact that the Company's present complement is producing finished products and is clearly a rep resentative group, we shall adhere to our usual -policy in such circum stances of directing an immediate election. We shall, however, entertain a new petition for an investigation any certification of representatives affecting the employees involved herei within less than a year, but not before the expiration of 6 months fro the date of any certification we may issue in the instant proceeding up(" proof (1) that the number of employees in the appropriate unit is mol than double the number eligible to vote in the election hereinafte directed; and (2) that the petitioner represents a substantial number o' employees in the expanded appropriate unit.2 2 See Matter of Adler Metal Products Corp., 67 N L. R B. 328, Matter of Tuttle Salver Company, Inc., 66 N. L R. B. 238; Matter of The General Tire and Rubber Company, 63 N. L R B 182. ROSETTA EVANS AND WARREN G. EVANS 167 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 im- mediately preceding the date of the Direction of Election herein, subject 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 Rosetta Evans and Warren G. Evans, a partnership, d/b/a Geo. Evans Bedding Company, St. Louis Missouri, 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 Direc- tor for the Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 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 Direction, includ- ing employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including em- ployees in the armed forces of the United States who present themselves 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 de- sire to be represented by Upholsterers' International Union, Local Union No. 25, AFL, for the purposes of collective bargaining. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election.