Jasper Seating Co.

National Labor Relations Board - Board Decisions

Dec 16, 1942

46 N.L.R.B. 19 (N.L.R.B. 1942)

In the Matter of JASPER SEATING COMPANY and UNITED FURNITURE
WORKERS OF AMERICA, LOCAL No. 331,'C. I. O.
Case No. R-4553.-Decided December 16, 194
Jurisdiction : furniture manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition without certification of the Board ; election
necessary. •
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including engineers, watchmen, and shipping department em-,
ployees, but excluding supervisory and clerical employees, working foremen,
and the lumber inspector. ,
Mr. Isidor Kahan, of Evansville, Ind., for the Company.
Mr. Fred Ful f ord, of Jasper, Ind., for the Union.
Mr. Leon Novak, 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, C. I. 0., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Jasper Seating Company, Jasper, Indiana, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Arthur R,,Donovan, Trial
Examiner. Said hearing was held 'at Jasper, Indiana, on November
18, 1942. The Company and the Union appeared, participated, and
were afforded full opportunity to be heard, to examine '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.
Upon the' entire record in the case, the Board makes the following :
FINDINGS OF FACT
I
I. THE BUSINESS OF THE COMPANY
Jasper Seating Company, an Indiana corporation, is engaged in
the manufacture of furniture, chiefly out of wood, at Jasper, Indiana.
46 N. L. R. B., No. 3. • I ' ` I • '
19
20 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD
During the preceding year the Company purchased raw materials con-
sisting chiefly of wood valued in excess of $75,000. Approximately,
.50 percent of the raw materials came from points outside the' State
of Indiana. During the same period the Company sold approximately
$100,000 worth of finished products,, of which approximately 50 percent
was shipped'iilto and through States other than the State of Indiana.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America, Local No. 331, is a labor
organization affiliated-with the Congress of Industrial Organizations,
admitting to membership employees of the Company. • '
III. THE QUESTION CONCERNING REPRESENTATION
On November 7, 1942, the.Union'requested the Company to recog-
nize it as exclusive representative of certain of' the Company's em-
ployees. The Company refused this request until such time as the
Union is certified by the Board. ,
A statement of the Regional Director introduced into evidence at
the hearing indicates that the Union represents a substantial number
of the employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of the employees of the Company within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agreed that all production and maintenance, employees,
including engineers, watchmen, and shipping department employees,
should be included in the appropriate unit, and that supervisory-and
clerical, employees, including working foremen, should ,be excluded..
They are not in agreement, however, as to the inclusion or exclusion,
of the lumber inspector and the two men claimed by the Union to be
working foremen of the shipping and cabinet departments, respec=
tively. The Union would exclude these three employees on the ground.
that they are supervisors. The Company took no position as to the
lumber inspector, but claims that the othe'r` two should be included.
The lumber inspector inspects and grades lumber and also supervises
and directs the men in the lumberyard. In addition, like other super-
' The Regional Director reported that the Union ' had submitted 67 cards bearing `the
apparently genuine signatures of persons on the Company 's pay roll of October - 31, 1942.
There are approximately 139 persons within the appropriate unit.
1JASPER SEATING - COMPANY 21
visory employees in the Company's employ, he receives -a straight
weekly salary and, annual vacations with pay. Under the circum;
stances, we shall exclude him from the appropriate unit.
The employee in charge of the shipping department does not per-
form the duties of a shipping clerk but confines his functions to billing
and directing,the activities of the other employees in that, department.
As for the employee in charge of the cabinet department, while he, to
some exteht, participates in the work of assembling chairs, he also
keeps time records of his department and is the man to whom com-
plaints concerning the activity of the department are routed by the
management. We shall, therefore, exclude both of them from the
,appropriate unit.
We find that all production and maintenance employees, including
engineers, watchmen, and shipping department employees, but ex-
,cliiding supervisory and clerical employees, working foremen, and the
lumber inspector, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
V. TIIE 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 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 Relations
Board Rules and Regulations-Seiies 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Jasper Seating
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 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 vacation'or temporarily laid off, and
22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, C. I. 0., for the purposes of collective
bargaining. I