Imperial Upholstering Co.

National Labor Relations Board - Board DecisionsMay 2, 1946

67 N.L.R.B. 1100 (N.L.R.B. 1946)

In the Matter Of IMPERIAL UPHOLSTERING COMPANY and MERRIMACK CABINET ASSOCIATION Case No. 1-R-2899.-Decided May 2, 1946 Mr. Frank Goldman, of Lowell, Mass., for the Company. Mr. Thomas J. O'Donnell, of Lowell, Mass., for the Association. Mr. Garabed N. Moushegian, of Lowell, Mass., for the Carpenters. Mr. Phil E. Thompson, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon a petition duly filed by Merrimack Cabinet Association, herein called the Association, alleging that a question affecting commerce had arisen concerning the representation of employees of Imperial Upholstering Company, Lowell, Massachusetts, herein called the Com- pany, the National Labor Relations Board provided for an appropri- ate hearing upon due notice before John W. Coddaire, Jr., Trial Exam- iner. The hearing was held at Lowell, Massachusetts, on March 8 and 11,1946. At the start of the hearing, the Trial Examiner granted a motion to intervene filed by the Carpenters District Council of Low- ell and vicinity on behalf of the United Brotherhood of Carpenters and Joiners of America, A. F. of L., herein called the Carpenters. The Company, the Association, and the Carpenters appeared and par- ticipated. All parties 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 1. THE BIYSINESS OF THE COMPANY Imperial Upholstering Company is a Massachusetts corporation, engaged in the manufacture of furniture at its only plant located at 67 N. L. R. B., No. 141. 1100 IMPERIAL UPHOLSTERING COMPANY 1101 Lowell, Massachusetts. From July 1, 1945, to December 31, 1945, the Company purchased raw materials valued in excess of $175,000, over 75 percent of which was shipped to the plant from outside the Commonwealth of Massachusetts. During the same period the Com- pany's sales of finished products amounted to more than $350,000, over 75 percent of which was to purchasers outside the Commonwealth of Massachusetts. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Merrimack Cabinet Association is a labor organization, admitting to membership employees of the Company. United Brotherhood of Carpenters & Joiners of America, is a labor' organization, affiliated with the American Federation of Labor, admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Association as the exclusive bargaining representative of certain of its employees until the Association 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 Association and the Carpenters represent a sub- stantial number of employees in the unit hereinafter found appro- priate." 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 DETERMINATION OF REPRESENTATIVES The Association seeks a plant-wide unit consisting of all production and maintenance employees including regular part-time employees, factory clerks, and watchmen, but excluding office clericals, executives, and all supervisory employees above the rank of foreman. The Car- penters seeks a unit confined to the woodworking mechanics, their apprentices and helpers, working on benches and machines, in the mill and assembly departments. The unit sought by the Carpenters is commensurate with the unit recognized in collective bargaining agreements between the Company ' The Field Examiner reported that the Association submitted 46 authorization cards, in a unit consisting of approximately 89 employees , and that the Carpenters submitted 23 authorization cards in a unit consisting of approximately 53 employees. 1102 DECISIONS OF NAl'IONAL LABOR RELATIONS BOARD and the Carpenters from 1937 through 1945.2 It is apparent that the woodworking mechanics constitute a skilled, homogeneous and distinct craft group that can continue to bargain in a separate unit if they so desire. On the other hand, it is likewise apparent that these employees may also function as part of the larger plant-wide production and maintenance unit sought by the Association. We shall, therefore, make no final determination with respect to the appropriate unit, pending the outcome of the elections hereinafter directed. Both the Association and the Carpenters admit production foremen to membership, and would, therefore, include these supervisory employees in the unit or units found appropriate herein. In this respect, the record does not reveal any well-established custom in the industry to include such supervisors in bargaining units similar to the ones sought herein. Consequently, we see no reason to depart from the fundamental policy of the Board, which, with very limited exceptions, precludes the inclusion of supervisory employees and sub- ordinate production employees within the same bargaining unit.8 We shall exclude the foremen. The Company employs one high school student who works regu- larly 4 hours a day, 6 days a week. Inasmuch as he is a regular part-time employee, we find that he is eligible to vote in the election. The Company also employs several high school students who work during their summer vacations and return to school in the fall. In- asmuch as their employment status is only tempqrary, we find that they are ineligible to participate in the election.4 We shall direct that separate elections by secret ballot be held among the employees within each of the voting groups set forth be- low, who were employed during the pay-roll period immediately pre- ceding the date of the Direction of Elections herein, including therein all regular part-time employees, but excluding therefrom office cleri- cals, executives, foremen, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. 1. All woodworking mechanics, their apprentices and helpers, working on benches and machines, in the mill and assembly depart- ments. 2. All remaining production and maintenance employees, including watchmen and factory clerks. 2 During this period the Company and the Carpenters have bargained under two "members only" contracts , the latter of which expired prior to the filing of the petition herein. Matter of Santa Maria Refrigerating Co., 62 N. L. R. B. 125 ; ef. Matter of Coos Bay Lumber Co , 62 N. L. R. B. 93. 4 Matter of American Cyanamid & Chemical Corporation, 62 N. L R B . 925; Matter of Johnson-Handley-Johnson Co., 51 N. L. It. B. 1282. IMPERIAL UPHOLSTERING COMPANY 1103 As indicated above, upon the results of the elections in the afore- mentioned groups will depend, in part, our determination of the appropriate unit or units. DIRECTION OF ELECTIONS 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 111, 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 Imperial Uphol- stering Company, Lowell, Massachusetts, elections 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 super- vision of the Regional Director for the First 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 groups of employees described below who were employed during the pay-roll period immediately preceding 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 those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections. 1. The employees in the first voting group described in Section IV, above, to determine whether they desire to be represented by the Mer- rimack Cabinet Association, or by the United Brotherhood of Carpen- ters and Joiners of America, A. F. of L., ,for the purposes of collective bargaining, or by neither. 2. The employees in the second voting group described in Section IV, above, to determine whether or not they desire to be represented by the Merrimack Cabinet Association for the purposes of collective bargaining.