Huntingburg Furniture Co.

National Labor Relations Board - Board Decisions

Sep 14, 1943

52 N.L.R.B. 602 (N.L.R.B. 1943)

In the Matter of HUNTINGBURG FURNITURE COMPANY and UNITED
FURNITURE WORKERS OF AMERICA, LOCAL #331, CIO
Case No. R--5871.-Decided September 14, 19/3
Mr. Isidor Kahn, of Evansville, Ind., for the Company.
Mr. Fred Ful f ord, of Jasper, Ind., Mr. Jack Hochstadt, of Chicago,
Ill., and Mr. John D. Quimby, of Chattanooga, Tenn., for the Union.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition filed by United Furniture Workers of
America, Local #331, affiliated with the Congress of Industrial Or-
ganizations, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Huntingburg Furniture Company, Huntingburg, Indiana, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Jack G. Evans,
Trial Examiner. Said hearing was held at Jasper, Indiana,, on
August 16, 1943. The Company and the Union appeared, 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
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
Huntingburg Furniture Company, an Indiana corporation, is en-
gaged in the manufacture of wooden furniture. For this purpose it
owns and operates three plants at Huntingburg, Indiana, and one,
52 N. L. R. B., No. 102.
602
HUNTINGBURG FURNITURE COMPANY 603
plant at Ferdinand, Indiana. Raw materials for these plants, more
than 75 percent of which is purchased from points outside the State
of Indiana, have an annual value of more than $100,000. The annual
sale of finished products exceeds $150,000. Approximately 75 percent
of the finished products is shipped to points outside the State of Indi-
ana. We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America, Local #331, affiliated with
the Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to the hearing, the Union sought recognition as the ex-
clusive representative of the employees of Plants Nos. 1 and 4. At
the hearing, the Union enlarged its request to include Plants Nos. 2
and 3. The Company refused the request with respect to all four
plants.
The record reveals that the- Union represents a substantial number,
of the 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. THE APPROPRIATE UNIT
The Union and,the Company agree that the production and main-
tenance employees of its four plants are an appropriate unit. They
I The Regional Director reported that the Union submitted 143 designations, 57 of
which bore the apparently genuine original signatures of persons in the claimed unit
and on the pay roll of July 23, 1943, which lists 98 employees in the claimed unit at Plant
No 1; the remaining 64 designations bore the apparently genuine original signatures of
persons in the claimed unit and on the pay roll of July 16, 1943, which lists 73 employees
in the claimed unit at Plant No. 4. All but 3 designations , which were undated, were
dated in June and July 1943.
The Trial Examiner reported that the Union submitted : ( 1) 3 designations bearing the
apparently genuine original signatures of persons on the July 23, 1943 , pay roll for Plant
No. 1; (2) 40 designations , 39 of which, dated in July and August 1943 , bore the apparently
genuine original signatures of persons on the Company ' s current pay roll which lists 61
persons at Plant No 2 , and (3 ) 39 designations , dated in July and August 1943, with 2
undated, bearing the apparently genuine original signatures of persons on the Company's
current pay roll which lists 93 persons at Plant No. 3.
The Company objected to the introduction of the Regional Director 's statement and the
statement of the Trial Examiner concerning claims of authorization on the grounds that
the Company has had no opportunity for examination and cross -examination with respect
thereto. We find no merit in the objection . See Matter of Amos-Thompson Corporation,
49 N. L It. B, No. 55, and cases cited therein
604 DEICIIStIONS OF NATIONAL LABOR RIEELATIONS BOARD
further agree to include firemen-watchmen, whom we shall include, and
to exclude supervisory, clerical, and temporary employees,2 whom
we shall exclude. They disagree with respect to truck drivers and
certain employees alleged by the Union to be supervisory employees.
The Union would exclude the truck drivers on the basis of an oral
agreement with the Teamsters' Union (A. F. of L.) not to represent
truck drivers engaged in hauling merchandise to and from points out-
side the county in which the Company's plants are located. The record
reveals, however, that all of the plants are within the same county and
that the five truck drivers on the Company's payroll are engaged ex-
clusively in inter-plant hauling.' We shall therefore include the truck
drivers in the unit.
The .Union and the Company agree to exclude as supervisory the
following employees : Homer Stilwell, Alton Steinkamp, Edgar De-
bruler, Herbert Schmaker, Leo Schipp, Roman Gerber, and Raymond
Pfaff. The Company would additionally exclude Orin Seibe, super-
intendent of Plant No. 1. The evidence indicates that all these men
are supervisory employees, and we shall exclude them.
The Union would also exclude, and the Company would include, the
following : Plant No. 1, Kress, assistant machine room foreman, and
Freson, cabinet room foreman; Plant No. 2, Blemker, assistant general
foreman; Plant ,No. 3, Moore, machine room foreman, and Verkemp,,
cabinet maker foreman; and' Plant No: 4, Kemp, assistant general
foreman. Inasmuch as all these men exercise supervisory control over
the employees in their departments, we shall exclude them. The re-
maining employees, whom the Union would exclude as supervisory, do
not exercise such supervisory duties as to warrant their exclusion from
the unit.'
We find that all production and maintenance employees of the
Company at Plants Nos. 1, 2, 3, and 4, including firemen-watchmen
and truck drivers engaged exclusively in inter-plant hauling, but ex-
eluding temporary employees, clerical employees, and supervisory
employees with authority to hire, promote, discharge, discipline or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of. Section 9 (c) and Sec-
tion 2 (6) and (7) of the Act.
f Temporary employees were identified as high school students who ordinarily leave the
employment of the Company at the beginning of the school year.
8 There is a sixth truck driver, not employed by the Company, who hauls materials for
the Company to and from points outside the county . He is presently a member of the
Teamsters' Union
A These employees are Bennie Underwood , William Tanner , Frank Seibe, Nelson Schockley,
Arthur Albert, Raymond Bartlett , and "Red" Metzger.
a
HUNTINGiBURG FURNITURE COMPANY 605
V. THE DETERMINATION OF REPRESENTATIVES
The Union desires that employees in the appropriate unit who were
employed at the date of the hearing shall be eligible to vote in the elec-
tion herein directed. We see no reason for departing from.our cus-
tomary practice and shall accordingly direct that the question concern-
ing representation which has arisen be resolved by 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 addi-
tions 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 Huntingburg
Furniture Company, Huntingburg, Indiana, an election by secret bal-
lot shall be conducted as early as possible, but not later than thirty (30}
days from the date of this Direction, under the directionnand supervi-
sion of the Regional Director for the Fourteenth 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 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 who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause, to de-
termine whether or not they desire to be represented by United Furni-
ture Workers of America, Local #331, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.
CHAIRMAN Mn.LIS took no part in the consideration of the above De-
cision and Direction of Election.