Holland Furniture Co.

National Labor Relations Board - Board Decisions

Sep 20, 1943

52 N.L.R.B. 764 (N.L.R.B. 1943)

In the Matter of HOLLAND FURNITURE COMPANY and UNITED FURNI-
TURE WORKERS OF AMERICA, LOCAL 426, C. I. O.
Case No. 7-R-1534.-Decided September 20, 1943
Mr. Stephen F. Dunn, of Grand Rapids, Mich., for the Company.
Mr. Russell Bogart, of Grand Rapids, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Furniture Workers of America,
Local 426, C. I. O.,' herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Holland Furniture Company, Holland, Michigan, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Harold A. Cranefield,
Trial Examiner. Said hearing was held at Grand Rapids, Michigan,
on September 3, 1943. The Company and the Union appeared at and
participated in the hearing.' All parties were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses, and to intro-
duce 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 opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Holland Furniture Company is a Michigan corporation with its
principal place of business at Holland, Michigan, where it is engaged
' Although Christian Labor Association of the United States was served with notice of
hearing, it did not appear.
52 N. L. R. B., No. 133.
764
HOLLAND FURNITURE COMPANY 765
in the manufacture of furniture. During 1942 the Company pur-
chased raw materials valued in excess of $250,000, approximately 78
percent of which was shipped to it from points outside the State of
Michigan. During the same period the Company sold products val-
ued in excess of $680,000, about 85 percent of which was shipped to
points outside the State of Michigan.
11. THE ORGANIZATION INVOLVED
United Furniture Workers of America , Local 426, is a labor or-
ganization affiliated 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 such time as
the Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.2
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 National Labor
Relations Act.
I4. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
of the Company, excluding office, clerical, and supervisory employees
and foremen, constitute an appropriate unit. The only controversy
with respect to the unit concerns firemen-watchmen.
The Company employs three persons classified by it as firemen-
watchmen. The Union urges that they be included in the unit and
the Company that they be excluded. The firemen-watchmen fire the
boilers of the power and heating plant. In addition they make
appointed rounds of the plant as watchmen. The firemen-watchmen
are not sworn as auxiliary United States military police. Under the
circumstances, we shall include the firemen-watchmen in the unit.
We find that all production and maintenance employees of the
Company, including firemen-watchmen, but excluding office and
clerical employees, foremen, and any other supervisory employees
'The Regional Director reported that the Union presented 68 membership application
cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of August 28, 1943. There are approximately 106 employees in the
appropriate unit.
766 DECISIONS OF NAffION!AL LABOR RELATIONS BOARD
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Holland Furniture
Company, Holland, Michigan, 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 Director for the Seventh Region, acting in this matter
as agent for the National Labor Relations Board, and subject 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 preced-
ing 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 who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United
Furniture Workers of America, Local 426, affiliated with the C. I. O.,
for the purposes of collective bargaining.