Jasper Office Furniture Co.

National Labor Relations Board - Board Decisions

Nov 13, 1946

71 N.L.R.B. 667 (N.L.R.B. 1946)

In the Matter Of JASPER OFFICE FURNITURE COMPANY, EMPLOYER and
UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL
331, A. F. OF L., PETITIONER
In the Matter of NEW INDIANA CHAIR Co., INC., EMPLOYER and
UPHOLSTERERS INTERNATIONAL UNION OF NORTII AMERICA, LOCAL
331, A. F. OF L., PETITIONER
In the Matter of JASPER SEATING CO., INC., EMPLOYER and UPHOL-
STERERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 331,
A. F. OF L., PETITIONER
In the Matter Of JASPER CHAIR CO., EMPLOYER and UPHOLSTERERS
INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 331, A. F. OF L.,,
PETITIONER
Cases Nos. 11-R-1196, 11-I1-1200, 11-R-1201, and 11-R-1202,
respectively.-Decided November 13, 1946
Kahn, Little, Dees and Kahn, by Mr. Isadore Kahn, of Evansville,
Ind., and Mr. Arthur C. Nordhofj, of Jasper, Ind., for the Employer.
Mr. Joseph Jacobs, of Chicago, Ill., and Mr. Robert D. Malarney,
of Indianapolis, Ind., for the Petitioner.
Mr. Oliver A. Switzer, of South Bend, Ind., for the Intervenor.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a consolidated hearing was held
at Jasper, Indiana, on October 7, 1946, before Arthur R. Donovan,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record of the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYERS
All the Employers are Indiana corporations, having their offices and
principal places of business in Jasper, Indiana.
71 N L. R. B, No. 105
667
668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Jasper Office Furniture Company is engaged in the manufacture of
wood office furniture. During the past year this Employer purchased
raw materials consisting principally of lumber and veneer valued in
excess of $250,000, approximately 75 percent of which was received
from points outside the State of Indiana. During the same period
this Employer manufactured and sold finished products valued in
excess of $500,000, approximately 90 percent of which was shipped to
points outside the State of Indiana.
New Indiana Chair Co., Inc., is engaged in the manufacture of office
and school chairs and breakfast sets. During the past year this Em-
ployer purchased raw materials consisting principally of lumber,
finishing material, glue, leather, screws, chair actions and chair springs,
valued in excess of $100,000, approximately 15 percent of which was
received from points outside the State of Indiana. During the same
period this Employer manufactured and sold finished products valued
in excess of $250,000, approximately 50 percent of which was shipped
to points outside the State of Indiana.
Jasper Seating Co., Inc., is engaged in the manufacture of office and
household chairs. During the past year this Employer purchased raw
materials consisting principally of lumber, leatherette, cotton, hard-
ware and finishing material, valued in excess of $250,000, approxi-
mately 75 percent of which was received from points outside the State
of Indiana. During the same period this Employer manufactured
and sold finished products valued in excess of $500,000, approximately
90 percent of which was shipped to points outside the State of Indiana.
Jasper Chair Company is engaged in the manufacture of wood office
chairs. During the past year this Employer purchased raw materials
consisting principally of lumber, hardware, and lacquer, valued in
excess of $100,000, approximately 75 percent of which was received
from points outside the State of Indiana. During the same period this
Employer manufactured and sold finished products valued in excess
of $250,000, approximately 90 percent of which was shipped to points
outside the State of Indiana.
Each of the Employers admits, and we find, that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of each of the
Employers.
United Furniture Workers of America, Local 331, herein called
the Intervenor, is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of each
of the Employers.
JASPER OFFICE FURNITURE COMPANY 669
III. THE QUESTIONS CONCERNING REPRESENTATION
C;
On September 9, 1946, the Petitioner separately requested recog-
nition from each of the Employers as collective bargaining representa-
tive of certain of its employees. The Petitioner filed the petitions in
the present proceedings on September 10, 1946. Apparently none of
the Employers is willing to accord the Petitioner the recognition it
seeks in the absence of certification by the Board.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employers, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. HE APPROPRIATE UNITS
In substantial accordance with the agreement of the parties, we find
that :
(a) All production and maintenance employees of Jasper Office
Furniture Company, excluding all supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act;
(b) All production and maintenance employees of New Indiana
Chair Co., Inc., including firemen, watchmen, and shipping employees,
but excluding clerical employees, the millwright, and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
Act ;
(c) All production and maintenance employees of Jasper Seating
Co., Inc., including engineers, watchmen, and shipping department
employees, but excluding clerical employees, the lumber inspector,
working 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, consti-
tute a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act;
(d) All production and maintenance employees of Jasper Chair
Co., including firemen, watchmen, and factory clerical employees,
but excluding all office and clerical employees, the shipping clerk, the
assistant foreman in the machine room, foremen, and all other super-
' Although the Intervenor has a contract with each Employer, none of the contracting
parties asserts that any of these agreements is a bar to an election ; nor could such an
assertion he validly made , as the petitions in these cases were filed before the operative
date of the automatic renewal clause in each contract.
670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
visory employees with authority to hire, promote , discharge, dis-
cipline, 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.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Jasper Office Furniture Com-
pany, New Indiana Chair Co., Inc., Jasper Seating Co., Inc., and
Jasper Chair Co., all of Jasper, Indiana, four separate 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 direc-
tion 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 Sections 203.55 and 203.56, of National Labor
Relations Board Rules and Regulations-Series 4, among the em-
ployees in the units 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 vacation or tempo-
rarily 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 , to determine whether they desire to be represented
by Upholsterers International Union of North America, Local 331,
A. F. of L., or by United Furniture Workers of America, Local 331,
C. I. 0., for the purposes of collective bargaining , or by neither.