Jasper Office Furniture Co.

National Labor Relations Board - Board DecisionsSep 13, 1943

52 N.L.R.B. 565 (N.L.R.B. 1943)

In the Matter Of JASPER OFFICE FURNITURE COMPANY and UNITED FURNITURE WORKERS OF AMERICA, LOCAL , No. 331, C. I. O. Caste No. R-5867-Decided September 13, 19.1x3 Mr. Isidore Kahn, of Evansville , Ind., for the Company. Mr. Fred Ful f ord, of Jasper, Ind., and Mr. Jack Hochstadt , of Chi- cago, Ill., for the Union. Mr. Joseph E. Gubbins , 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, alleging that a question affecting commerce had arisen concerning the representation of employees of Jasper Office Furniture Company, Jas- per, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Jack G. Evans, Trial Examiner. Said hearing was held at Jasper, Indiana, on August 16, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bearing upon 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 BUSINESS OF THE COMPANY Jasper Office Furniture Company, an Indiana corporation with its principal office and place of business at Jasper, Indiana, is engaged in the manufacture of office furniture. The Company purchases raw products in excess of $100,000 annually, 75 percent of which is shipped from points outside the State of Indiana. Seventy-five percent of its manufactured products, amounting to $150,000 annually, is shipped to points outside the State of Indiana. We find that the Company is engaged in commerce within the meaning of the National Labor Rela- tions Act. 52 N. L R B., No. 94. 565 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT. THE ORGANIZATIONS INVOLVED United Furniture Workers of America, Local No. 331, affiliated with the Congress of Industrial Organizations, is a labor organization ad- mitting employees of the Company to membership. III. THE QUESTION CONCERNING REPRESENTATION The Union's request, for recognition as the exclusive bargaining representative of the Company's employees was refused upon the ground that the Company does not believe the Union represents a majority of its employees.' A statement of the Regional Director, introduced in evidence at the hearing, and a statement made by the Trial Examiner at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found to be appropriate.2 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 parties agree that the unit should consist of all production and maintenance employees, excluding supervisory and clerical employees. However, there is a dispute over two employees, namely, Lampert and Jackman; the Union would exclude them, whereas the Company would include them in the appropriate unit. The record shows that Lampert is a regular maintenance man, working under the supervision of the foreman of the mill room. As a general rule, he works alone, but occasionally he has one or two help- ers. It appears that he does not possess effective supervisory author- ity. We shall include him in the unit. The record reveals that Jackman is a working supervisor in the mill room, where 40 persons are employed. He is hourly paid at a rate which is substantially higher than that of the average employee in that department. He can effectively recommend disciplinary ac- tion. We find that Jackman is a supervisory employee; we shall ex- clude him from the unit. I In September 1942 , the Union requested recognition from the Company and was re- fused. The Union filed a petition and, pursuant thereto the Board thereafter issued its Decision and Direction of Election (45 N. L. R B. 374). However, the Union requested the right to withdraw its petition before the election was held, which request was approved by the Board. 2 The combined statements of the Regional Director and Trial Examiner show that the Union submitted 97 membership cards, 56 of which bear apparently genuine signatures and names of persons whose names are listed on the Company 's pay-roll of July 17, 1943; there are approximately 114 employees in the appropriate unit. The cards were dated as follows : 12 in August and October 1942; 6 in May 1943; 3 in June 1943; 30 in July 1943; 4 in August 1943; and 1 undated. JASPER OFFICE FURNITURE COMPANY 567 We find that all production and maintenance employees of the Com- pany, excluding all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, and clerical em- ployees, 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 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit. Although the Union requested that eligibility to vote be determined by the pay roll of August 14, 1943, no reason appears for departing from our customary practice. Accord- ingly, those eligible to vote shall be employees who were employed during the pay-roll period immediately preceding the date of the Di- rection 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 Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain repre- sentatives for the purposes of collective bargaining with Jasper Office Furniture Company, 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 Fourteenth 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 employees in the unit found appropriate in Section IV, above, 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 vaca- tion 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, to determine whether or not they desire to be represented by United Furniture Workers of America Local No. 331, affiliated with the C. I. 0., for the purposes of collective bargaining. CHAIRMAN Mrr Ias took no part in the consideration of the above Decision and Direction of Election.