International Furniture Co.

National Labor Relations Board - Board DecisionsJun 7, 1940

24 N.L.R.B. 492 (N.L.R.B. 1940)

In the Matter of INTERNATIONAL FURNITURE COMPANY, A CORPORA- TION , and UNITED FURNITURE WORKERS OF AMERICA, LOCAL 18-B, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, and FURNITURE, WOODWORKERS & FINISHERS UNION, LOCAL 18-B OF THE UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R"1845.-Decided June 7, 1940 Furniture Manufacturing Industry-Investigation of Representatives: con- troversy concerning representation of employees : rival organizations ; employer refuses to recognize either union until question of majority is decided; em- ployer 's statement of policy no bar to-Unit Appropriate for Collective Bargain- ing: all employees in the mill and shipping room , carvers, finishers , cabinet makers, and laborers , excluding clerical and supervisory employees ; stipulation as to-Election Ordered Mr. Stephen M. Reynolds, for the Board. Wolf & Love, by Mr. Stephen Love, of Chicago, Ill., for the Company. Meyers d i Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the United. Mr. Joseph M. Jacobs, of Chicago, Ill., for the Upholsterers. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 11, 1940, United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations,' herein called the United, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of International Furniture Company, Chicago, Illinois, herein called the Company, and requesting an investigation and certi- fication of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 1 The name of the petitioning union was amended at the hearing . The petition was filed under the name of Furniture and Bedding Workers, Local 18-B of the United Furniture Workers of America, C. I. O. 24 N. L. R. B., No. 45. 492 ?. I" _INTERNATIONAL FURNITURE COMPANY 493 30, 1940, 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 Regula- tions-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On May 6, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the United, and Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, affiliated with the American Federation of Labor, herein called the Upholsterers, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice, a hearing was had on May 20 and 21, 1940, at Chicago, Illinois, before Josef Hektoen, the Trial Examiner duly designated by the Board. All parties were represented by counsel and participated in the hearing. At the close of the hearing the Company moved to dismiss the petition on the ground that the Company had not refused to bargain collectively and that a valid and binding collective bargaining agreement was in existence. The Trial Examiner did not rule on this motion. The motion 'is hereby denied, since we find in Section III below that no collective agreement exists. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to in- troduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rul- ings on motions and the admissibility of evidence. The Board has reviewed the rulings of the Trial Examiner and finds 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 I. THE BUSINESS OF THE COMPANY The Company, International Furniture Company, is an Illinois corporation. It operates four plants, at Chicago, Illinois; Pittsburgh, Pennsylvania; Rushville, Indiana; and Montoursville, Pennsylvania. At its Chicago plant, which is the only plant involved in this proceed- ing, the Company manufactures upholstered furniture. Between March 1, 1939, and March 1, 1940, the Company purchased raw ma- terials for its Chicago plant, consisting principally of lumber and cloth, in the value of $234,000, more than 50 per cent of which was shipped to the Chicago plant from points outside Illinois. During the same period, the total sales of products made at the Chicago plant amounted to $463,000, of,which 45 per cent represents sales to points outside Illinois. 494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED United Furniture Workers of America, Local 18-B, is a labor organ- ization affiliated with the Congress of Industrial Organizations. It admits to membership production and maintenance employees of the Company. Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America; is.a labor. organ- ization affiliated with the American Federation of Labor. It admits to membership production and maintenance employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In the past the Company had had some dealings with the Uphol- sterers, including a statement of policy, but had not entered into any collective agreement with it. During February 1940 a representative of the United called on the Company and requested recognition of the United as sole bargaining agent of its production and maintenance employees. The Company refused to recognize the United, or the Upholsterers, until it had been determined which union represented a majority of employees concerned. We find that a question has arisen concerning representation of employees of the Company. 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 employees in the mill and the shipping room, carvers, finishers, cabinet makers, and laborers, excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining. We find that said unit will insure to employees of the Company the full bene- fit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The parties stipulated, and we find, that both the United and the Upholsterers have a substantial membership among the employees in I t;, 111111 INTERNATIONAL FURNITURE COMPANY . . . 495 the unit we have found appropriate in Section V above. We find that an election will best resolve the question concerning represen- tation. Those eligible to vote in this election shall be the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of this Direction of Election, includ- ing employees who did not work during said pay-roll period because they were ill or on vacation and employees who were then or have since been, temporarily laid off, but excluding employees who have since quit or been discharged for cause. The United shall be designated on the ballot as Local 18-B, C. I.0., and the Upholsterers as Local 18-B, A. F. of L. Upon the basis of the above findings and upon the entire record in this case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of International Furniture Company, Chi- cago, Illinois, at its Chicago, Illinois, plant, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees in the mill and shipping room, carvers, finishers, cabinet makers, and laborers, excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with International Furniture Company, Chicago, Illinois, 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 direc- tion and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regula- tions, among all employees of the Company at its Chicago, Illinois, 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD plant, in the mill and shipping room, carvers, finishers, cabinet makers, and laborers, who were employed during the pay-roll period immedi ately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding supervisory and clerical employees and em- ployees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations, or by Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.