Jasper Chair Co.

National Labor Relations Board - Board Decisions

Aug 29, 1945

63 N.L.R.B. 632 (N.L.R.B. 1945)

In the Matter Of JASPER CHAIR COMPANY and UNITED FURNITURE
WORKERS OF AMERICA, LOCAL #331, AFFILIATED WITH THE C. I. 0.
Case No. 11-R-8-32.-Decided August'29, 1945
Mr. Isidor Kahn, of Evansville, Ind., and Nordhoff d Nordhoff, by
Mr. Arthur C. Nordho ff, of Jasper, Ind., for the Company.
Mr. Harold J. Jerger, of Jasper, Ind., and Mr. Frank T. Couthitt, of
Bloomington, Ind., for the Union.
Miss Ruth E. Bliefield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Furniture Workers of America,
Local #331, affiliated with the C. I. 0.,' herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Jasper Chair Company, Jasper, In-
diana, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Clifford L.
Hardy, Trial Examiner. Said hearing was held at Jasper, Indiana,
on July 5, 1945. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to ex-
amine 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
Jasper Chair Company, an Indiana corporation, is'engaged in the
manufacture of office chair furniture. During the 12 months preced-
1 The C. I. O. introduced into evidence at the hearing a written waiver of the charges
which it filed against the Company among others in Case No . 14-C-894 insofar as they
might constitute a basis for objecting to the instant proceeding.
63 N. L. R. B., No. 99.
632
JASPER CHAIR COMPANY 633
ing the instant hearing the Company purchased raw materials valued
in excess of $50,000, over 30 percent of which was obtained from points
outside the State of Indiana. During the same period the Company's
sales of finished products exceeded $50,000, and approximately 80 per-
cent of the products sold was shipped to points outside the State of
Indiana.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Furniture Workers of America, Local #331, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union, by letter dated May 5, 1945, requested recognition as the
exclusive bargaining representative of certain of the Company's em-
ployees. The Company, however, refused to grant such recognition
until the Union 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 Union represents a substantial number of em-
ployees 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 meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit of all production and maintenance employ-
ees, including firemen and watchmen, but excluding temporary employ-
' The Field Examiner reported that the Union submitted 52 authorization cards, of which
25 were dated between May and December 1944 , 5 were dated April 1 945, 20 were dated
May 1945, and 2 were dated June 1945 ; and that the names of all the persons appearing on
the cards here listed on the Company 's pay roll , which contained the names of 80 employees
in the appropriate unit.
The Company objected to the admission in evidence of the Report on Investigation of
Interest of Contending Labor Organizations on the grounds that • ( 1) it is a self-serving
declaration ; ( 2) the Company had no opportunity to cross -examine persons whose names
appear on the cards ; ( 3) the exhibit is "binding on the Company" and n ould " injure it";
and (4 ) the report on its face indicates that the Union does not have a substantial show-
ing in the unit petitioned for The Trial Examiner overruled this objection and his ruling
is hereby upheld. The Board requires a petitioning union to submit prima facie evidence
of representation among the employees in the appropriate unit for the sole purpose of
determining whether the petitioner has sufficient interest to justify setting in motion the
Board 's investigatory machinery . The acceptance of such evidence in no way prejudices
the Company ' s legal rights and the Board does not permit an opposing party to question
the evidential showing made by the petitioner at any stage of the proceeding we are of
the opinion that the Union had a sufficient interest at the time it filed its petition to warrant
our determination hereinafter that a question concerning representation has arisen. See
Matter of Tampa Shipbuilding Company , Incorpoi ated , 62 N L. R B . 115, Matter of Sunset
Motor Lines , 59 N. L . R. B. 1434; Matter of Champion Sheet Metal Company, Inc, 61
N. L. R. B. 1111.
634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ees,3 office and clerical employees, the assistant foreman in the ma-
chine room, the shipping clerk,4 foremen, and all supervisors. The
Company, while agreeing generally with the Union as to the composi-
tion of the unit, seeks the inclusion of certain employees in the shipping
room, whom the Union seeks to exclude.
Terrence Wuchner and Eckerle, both of whom the Union would
exclude from the unit, are employed in the shipping room. Wuchner's
duties are to draw up bills of lading, make and attach tags to chairs,
and assist with other work in the shipping room; he does no wrapping
or crating of furniture. Eckerle's duties are substantially the same as
Wuchner's, except that he does much of the delivery work. Although
these employees appear to spend a great portion of their time perform-
ing clerical duties, they work in close proximity to the production
processes. Their clerical work thus resembles that usually performed
by factory clericals whom we generally include in a unit of production
and maintenance employees, unless there is an agreement among the
parties to exclude them.' We are of the opinion that their interests lie
with the production and maintenance employees. We shall include
Wuchner and Eckerle in the unit as factory clerical employees.
.The Union also desires the exclusion of Frank Seng, Sr., as a super-
visory employee, while the Company takes no position. Seng is in'
charge of machine maintenance. Although he has no one presently
under his direct supervision, the record discloses that whenever a
break-down of machinery occurs he recruits employees in the plant to
assist him with the repairs and is in complete charge of such employees.
The president of the Company testified that his recommendations as to
the hiring and discharging of employees would be given the same
weight as those of any foreman in the plant. It appears that Seng is
a supervisory employee within our usual definition and we shall there-
fore exclude him from the appropriate unit.
We find that all production and maintenance employees of the Com-
pany, including firemen, watchmen,' factory clerical employees, but
excluding all office and clerical employees, the shipping clerk, the
assistant foreman in the machine room, foremen, and all or any other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
3 Since the record discloses that the Company does not presently employ any temporary
employees we find it unnecessary to make any findings with respect to such a classification.
4 The parties agreed that the shipping clerk, Vauple , should be excluded as a supervisory
employee.
5 See Matter of Rockford Screw Products Co , 62 N . L R B 1430
6 The watchmen are not armed , uniformed , nor deputized.
JASPER CHAIR COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
635
The Union requested that the pay-roll date preceding the instant
hearing be used to determine eligibility to vote in the election so that
high school students hired for the duration of the summer vacation
period be disqualified from voting in the election . Since it appears
that the Company does not presently employ high school students, we
perceive no reason for departing from our usual practice in fixing
the eligibility date. Accordingly, 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 who
were employed during the pay-roll period immediately preceding the
date of the Direction of Election herein, subject to the limitations and
additions 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 Relations
Act, and pursuant to Article III, 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 Jasper Chair Com-
pany, Jasper, Indiana, 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 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, Sec-
tions 10 and 11, of said Rules and Regulations , among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction , including employees who did not work during the 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 and have not
been rehired or reinstated prior to the date of the election , to deter-
mine whether or not they desire to be represented by United Furniture
Workers of America, Local #331, affiliated with the C. I. 0., for the
purposes of collective bargaining.