Indiana Desk Co.

National Labor Relations Board - Board DecisionsNov 12, 1942

45 N.L.R.B. 547 (N.L.R.B. 1942)

In the Matter Of INDIANA DESK COMPANY and UNITED FuRNITuRE WORKERS OF AMERICA, LOCAL No. 331, AFFILIATED WITH THE C. I. O. Case No. R-44,09.-Decided November 12, 1912 Jurisdiction : office supply manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to recognize any organization until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance employees, excluding supervisors, foremen, working foremen, shipping clerk, and office and clerical employees. Mr. Robert D. Malarney, for the Board. Mr. Isidor Kahn, of Evansville, Ind., for the Company. Mr. Fred Ful f ord, of Jasper, Ind., for the Union. - Mr. Seymour Spelvaan, 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 No. 331, affiliated with the-C. I. 0., herein called the Union, al- leging that a question affecting commerce had arisen concerning the representation of employees of Indiana Desk Company, Jasper, Indi- ana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Frank M. Kleiler, Trial Examiner. Said hearing was held in Jasper, Indiana, on October 21, 1942. The Company and the Union appeared, partici- pated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. ,The Company objected to the introduction in'evidence of the formal papers in this proceeding, including the Notice of Hearing, on the ground that the Notice of Hearing was issued prematurely by the Regional Director. The Trial Examiner overruled the objection. The Board has-considered the Company's objection and finds it to be without merit. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. t5 N L. R. B., No. 80. 547 548, DECISION'S OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Indiana Desk Company is engaged in the manufacture of office desks, tables, and accessories at a plant in Jasper, Indiana. The principal raw materials used by the Company are lumber, finishing materials, and hardware. During the past fiscal year, the Company purchasing a quantity of these raw materials valued at approximately $750,000, about 50 percent of which was shipped to its plant in- Indiana from points outside the State of Indiana. During the same period, the Company produced finished products valued at ap- proximately $1,000,000, more than 90 percent of which was shippea to places outside the State of Indiana. II. THE ORGANIZATION INVOLVED United Furniture Workers of America, Local 331, is a labor organization affiliated with the Congre^s of Industrial Organizations, admitting to membership employees cf the Company. III. THE QUESTION 'CONCERNING REI RESENTATION After a period of orgaiiizational activity among the Company's employees , the Union , on October 12, 1942, advised the. Company that it represented a majority , of the employees and requested recog- nition ' as their exclusive bargaining agent. The Company refused to recognize the Union without certification by the Board. A statement of the Trial Examiner , made at the hearing, shows that the Union represents a substantial number of employees in the unit hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company , within the mean- ing of Section 9 (c) and Section 2 (6) and (7), of the ' National Labor Relations Act. The Trial Examiner stated that the Union submitted 87 membership cards, all bearing apparently genuine original signatures and, except for 10 undated raids , dates in Sep- 'tember and October 1942 The Company' submitted 3 lists conta, ung a total 'of 136 names The first list , captioned "List of Men in Our Employ ," contained 85 names, 35 of which are names of persons which appear on the Union's riiembership cards The -second list, captioned "List of Men Who Left Our Employ Friday Moiwng, October 9, ,1942," contains 37 names, 36 'of which are names appearing on the Union ' s membership cards . The third list, captioned "List , of Men Who Did Not Report for Work Friday Afternoon , October 9, 1942," contains 14 names , 13 of which are names appearing on the Union's ' membership cards.' -INDIANA DESK COMPANY 549 IV. THE APPROPRIATE UNIT The Union seeks to establish a unit of all. production and main- tenance employees, excluding supervisors, foremen, working fore- ,men, the shipping clerk, , and office and -clerical employees. The Company expressed no objection to this unit. We find that all production and maintenance employees of the Company, excluding supervisors, foremen, working foremen, the shipping clerk, and office and-clerical employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES 'On October 9, 1942, the Company's employees went on strike, as a result of which the Company ceased operations. 'The strike was still current at the time of the hearing, and the Company had not resumed operations. The strikers have, therefore, continued to be employees of the Company, within the meaning of Section 2 (3) of the Act, and are entitled to vote.2 Since the plant was not in operation at the time of the hearing, we shall direct that eligibility to vote shall be de- termined by reference to the pay roll for the period immediately pre- ceding October 9, 1942.3 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate -unit, including strikers, who were employed during the pay-roll period immediately preceding October 9, 1942, subject to the limitations and additions set forth in the Direction of Election herein. 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 Board Rules and Regulations-Series 2, as amended, it is hereby \, DIRECTED that, as a part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Indiana Desk ' We find no merit in the contention of the Company that for the purpose of determining eligibility to vote the stokers should be treated as employees who have quit or been discharged for cause , and therefore excluded. 3 See Matter of Sun Tent-Luebbert Company and Textile Workers Union of America, Local 99 , C I 0, 37 N L R B. 899; Matter of Northern Indiana Brass Co. and Local $26, United Construction Workers Organizing Committee, 36 N. L . R. B. 581 ; Matter of Sykes Bros., Inc and Independent Carpet Yarn Association, et al., 35 N L. R B. 595. 550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company, Jasper, Indiana, an election by secret ballot shall be con- ducted 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 Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among all employees iii the unit found appropriate in Section IV, above, who ,were employed during the pay-roll period immediately preceding October 9, 1942, including strikers and any employees who did not work during said 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 employees 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 No. 331, affiliated with the C.I.O for the purposes of collective bargaining.