Ideal Chair Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 12, 1941

36 N.L.R.B. 844 (N.L.R.B. 1941)

In the Matter Of PHILIP J. BYER, DOING BUSINESS UNDER THE FIRM NAME
AND STYLE OF IDEAL CHAIR MANUFACTURING CO. and UPHOLSTERERS
INTERNATIONAL UNION OF NORTH AMERICA (AFL)
Case No. R-3064.-Decided November 12, 1941
Jurisdiction : furniture manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition; contract granting rival union exclusive
recognition executed after notice of claim to majority by petitioning union, held
no bar to ; election necessary.
Unit Appropriate for Collective Bargaining : all production employees, excluding
executives, superintendents, foremen, and clerical workers, and , salesmen ;
agreement as to.
Mr. William Kopans, of Boston, Mass ., for the Company.
Roewer and Reel, by Mr. George R. Roewer of Boston , Mass., for
the Upholsterers.
Grant and Angoff, by Mr. Sidney S. Grant, of Boston, Mass., for the
U. F. W. A.
Mr. Stanley L. Drexler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 6, 1941, Upholsterers International Union of North
America (AFL), herein called the Upholsterers, filed with the Regional
Director for the First Region (Boston, Massachusetts) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Philip J. Byer, doing'business under
the firm name and style of Ideal Chair Manufacturing Co., Boston,
Massachusetts, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On September 12, 1941, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act,
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
36 N. L. R. B., No. 175.
844
'IDEAL" CHAIR MANUFACTURING CO: 845
authorized the -Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On September 15, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Upholsterers , and United Furniture Workers of America, Local
No. 136, affiliated with the Congress of Industrial Organizations,
herein called the U. F. W. A., a labor organization claiming to rep-
resent employees directly affected by the investigation . Pursuant
to notice , a hearing was held on September 29, 1941, at Boston,
Massachusetts , before Thomas H. Ramsey, the Trial Examiner duly
designated by the Chief Trial Examiner . The Company , the Up-
holsterers , and the U. F . W. A., were represented by counsel and
participated in the hearing . Full opportunity to be heard, to ex-
amine and cross-examine witnesses , and to introduce evidence bearing .
on the issues was afforded all, parties . During the course of the
hearing, the Trial Exainiiier made several rulings on motions and
on objections to the admission of evidence . The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial
errors were ' committed . The rulings are Hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Philip J. Byer, doing business under the firm name and style
of Ideal Chair Manufacturing Co., is engaged at Boston, Massa-
chusetts, in the manufacture, sale, and distribution of upholstered
leather furniture. The Company annually purchases approximately
$25,000 worth of raw materials and annually sells approximately,
$50,000 worth of finished products. Approximately 90 per cent of
its raw materials are obtained from outside the Commonwealth of
Massachusetts and appi'oxiinately 40 per cent of its finished products
are shipped to places outside the Commonwealth of Massachusetts.
The Company admits that it Js engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Upholsterers International Union of North America is a labor
organization affiliated with the American Federation of Labor, which
admits to membership employees of the Company.
United Furniture Workers of America, Local 136-B, is a labor
organization affiliated with the Congress of Industrial Organizations,
which likewise admits to membership employees of the Company.
846 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On September 24, 1938, the Company executed a contract with the
U. F. W. A. granting this union exclusive recognition. The parties
entered into similar contracts in 1938, 1939, and 1940. The 1940
contract, which expired on September 1, 1941, provided that it should
be automatically renewed unless the parties should give notice of
their intention not to renew. On July 29, 1941, the U. F. W. A.
notified the Company of its intention not to renew this contract and
on August 21, 1941, submitted a draft of a proposed successor
contract.
On August 29, 1941, the Upholsterers notified the Company of
its intention to file a petition for an investigation and certification
of representatives with the Board and advised the Company against
negotiating any contract except with the Upholsterers until the Board
had disposed of the petition. The Upholsterers filed, its petition on
September 6, 1941.
On August 29, 1941, the U. F. W. A. met with the Company to
negotiate a new contract . - At this meeting the Company informed
the U. F. W. A. that the Upholsterers claimed to represent its
employees and had advised that it intended to file a petition with
the Board. Under the circumstances, the Company was unwilling
to negotiate an agreement with the U. F. W. A. On September 2,
1941, the U. F. W. A. called a strike and all employees in the unit
herein found to be appropriate responded. They remained on strike
until September 15, 1941. On September 16, 1941, the Company
signed a new contract with the U. F. W. A. granting exclusive rec-
ognition and other terms sought by the U. F. W. A.
A statement of the Regional Director, introduced in evidence at
,the hearing, shows that the Upholsterers and the U. F. W. A. each
has been designated as representative for the purposes of collective
bargaining by a substantial number of employees in the unit herein
found to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
' The report of the Regional Director shows that the Upholsterers submitted nine au-
thorization cards, all containing apparently genuine signatures of persons listed on the
Company' s pay roll of September 1, 1941. This pay-.roll contains the names of nine
persons in the unit herein found to be appropriate . The report of the Regional Director
also shows that the U. F. W. A. submitted two petitions, one dated September 2, 1941,
containing six signatures , and the other dated September 3, 1941, containing one signature,
of persons who had signed Upholsterers' authorization cards . The petitions purport to
repudiate the designation of the Upholsterers and to reaffirm the petitioners ' membership
in the U. F. W. A. At the hearing, the U. F. W. A. introduced into evidence a third peti-
tion signed on September 19, 1941, by eight of the nine employees who had signed the
Upholsterers' authorization cards . This petition reiterated the employees ' repudiation of
their designation of the Upholsterers and their reaffirmation of affiliation with the U. F.
W. A., and petitioned the Board not to direct an election since "an election at the present
time would serve no useful purpose."
IDEAL CHAIR MANUFACTURING CO. 847
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
relation to trade, traffic, and' commerce among the several States and
tends to lead, to labor disputes - burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated and we find that all production employees
of the Company at its Boston, Massachusetts, plant, excluding execu-
tives, superintendents, foremen, and clerical workers and salesmen,
constitute a unit appropriate for the purposes of collective bargain-
ing. We also find that said unit will insure to employees of the
Company the full benefit of their right to self-organization and to
collective bargaining and otherwise will effectuate the policies of
this Act.
VI. THE DETERMINATION' OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
We shall direct that those eligible to vote in the election shall be
the employees in the appropriate unit who were employed by, the
Company during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to such limitations and
additions as are set forth in the Direction.
Upon the basis of Abe above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Philip J. Byer, doing business under
the firm name and style of Ideal Chair Manufacturing Co., Boston,
Massachusetts, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All production employees of the Company at its Boston, Massa-
chusetts, plant, excluding executives, superintendents, foremen, and
clerical workers and salesmen, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 8, 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 the purposes of collective bargain-
ing with Philip J. Byer, doing business under the firm name and
style of Ideal Chair Manufacturing Co., Boston , Massachusetts, an
election by secret ballot shall be conducted as early as possible, but
not later than 30 days from the date of this Direction, under the
direction and supervision of the Regional Director for the First
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III , Section 9 , of said Rules and
Regulations, among all production employees of Philip J. Byer, doing
business under the firm name and style of Ideal Chair Manufacturing
Co., Boston Massachusetts, who were employed by the Company dur-
ing the pay -roll period immediately preceding the date of this
Direction, including employees who did not work during such pay-
roll period because they were ill, or on vacation , or in the active
military service or training of the United States, or temporarily
laid off, but excluding executives , superintendents , foremen, and
clerical workers and salesmen , and those who have since quit or been
discharged for cause , to determine whether they desire to be rep-
resented by Upholsterers International Union of North America,
affiliated with the American Federation of Labor, by United Furni-
ture Workers of America, Local No. 136 , affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargain-
ing, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.