High Point Bending & Chair Co.

National Labor Relations Board - Board Decisions

Jan 5, 1946

65 N.L.R.B. 204 (N.L.R.B. 1946)

In the Matter Of HIGH POINT BENDING & CHAIR COMPANY and UNITED
FURNITURE WORKERS OF AMERICA, C. I. O.
Case No. 5-R-2019.-Decided January 5, 1946
Mr. Kenneth M. Brim, of Greensboro, N. C., for the Company.
Mr. Bernard Hiatt, of Martinsville, Va., for the Union.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Furniture Workers of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
High Point Bending & Chair Company, Siler City, North Carolina,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before George L.
Weasler, Trial Examiner. The hearing was held at High Point, North
Carolina, on September 20, 1945. The Company and the Union ap-
peared, 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 prejudicial error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
High Point Bending & Chair Company, a North Carolina corpora-
tion, is engaged in the manufacture of office and school chairs at Siler
City, North Carolina. During 1944 the Company purchased raw ma-
terials valued in excess of $100,000, of which approximately 50 percent
was shipped from points outside the State of North Carolina. Dur-
ing the same period, the Company manufactured products valued in
65 N. L R. B., No. 42.
204
HIGH POINT BENDING & CHAIR COMPANY 205
excess of $150,000, of which approximately 80 percent was shipped to
points outside the State of North Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TI-IE ORGANIZATION INVOLVED
United Furniture Workers of America is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until the Union is
certified by the Board in an appropriate unit.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial 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 Act.
IV. TIIE APPROPRIATE UNIT
The Union seeks a unit of all the Company's production and main-
tenance employees, including watchmen, but excluding clerical em
ployees, the superintendent, assistant superintendent-timekeeper, and
foremen. Although the Company agrees with the Union that such a
unit is appropriate, it would exclude watchmen.
The Company employs three watchmen who are neither militarized,
uniformed, nor armed. Their primary functions are to keep under
surveillance the Company's property and to do janitorial work in the
plant. They have no monitorial duties with respect to the other em-
ployees. Inasmuch as they perform the usual duties of watchmen as
contradistinguished from the monitorial functions of guards, we shall
include them.
We find that all the Company's production and maintenance em-
ployees, including watchmen, but excluding clerical employees, the
superintendent, assistant superintendent-timekeeper, foremen, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
I The Field Examiner reported that the Union submitted 120 authorization cards. There
are approximately 189 employees in the appropriate unit.
206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section,9 (b) of the Act.
V. TILE l) rERI\TINATION OF REPRESENTATIVES
The Company urges that its employees presently in the armed forces
should be permitted to vote by mail. The record indicates that at
the time of the bearing there were 60 employees on military leave.
As indicated in footnote 1, supra, there are about 189 employees in the
unit herein found appropriate. We are of the opinion that the facts
in this case do not differ substantially from those in Matter of South
West Pennsylvania Pipe Lines.2 Accordingly, we shall grant the
Company's request, subject to the provisions hereinafter mentioned.
We shall direct that the question concerning representation be re-
solved by an election by secret ballot among employees in the appro-
priate unit who were employed during the pay-roll period immediately
preceding the date of the election herein, subject to the limitations and
additions set forth in the Direction. In this case, the Regional Di-
rector is authorized to mail ballots to employees within the appro-
priate unit on military leave, provided one or more of the parties
hereto, within seven (7) days from the issuance of the Direction of
Election, files with the Regional Director a list containing the names,
most recent addresses, and work classifications of such employees.
The Regional Director shall open and count the ballots cast by mail
by employees on military leave, provided that such ballots must be
returned to and received at the Regional Office within thirty (30)
days from the date they are mailed to the employees by the Regional
Director .3
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 Rela-
tions 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 High Point Bend-
2 64 N. L R B. 1384
e A free interchange between the interested pasties of information on the addresses and
work categories of the employees to be voted by mail will he necessary in order to avoid
challenges and post -election objections Accordingly , the Board will make available to all
interested parties any information of this nature furnished it by any other party. In the
event that the parties should send the absentee voters any information or literature bearing
,directly or indirectly on the pending election, copies of all such documents should he simul-
taneously filed with the Regional Office for inspection by or transmittal to the other parties
.Hog*ever. acceptance or transmittal of such literature by the Board 's office is not to be con-
strued as conferring immunity on the filing party in the event that objections are later
Interposed concerning its content The usual principles will apply
HIGH POINT BENDING & CHAIR COMPANY 207
ing & Chair Company, Siler City, North Carolina, an election by.secret
ballot shall be conducted as early as possible , but not later than sixty
(60) days from the date of this Direction , under the direction and
supervision of the Regional Director for the Fifth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately pre-
ceding 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, but excluding any who have since quit of been
discharged for cause and have not been rehired or reinstated prior to
the date of the election , to determine whether or not they desire to be
represented by United Furniture Workers of America, C . I. 0., for
the 'purposes of collective bargaining.
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