Johnson-Carper Furniture Co, Inc.

National Labor Relations Board - Board DecisionsJan 14, 1946

65 N.L.R.B. 414 (N.L.R.B. 1946)

In the Matter of JOHNSON-CARPER FURNITURE COMPANY, INC. and UNITED FURNITURE WORKERS OF AMERICA, CIO Case No. 5-R-2034.-Decided January 14,1946 Mr. Kenneth M. Brim and Mr. Roy L. Morgan, of Greensboro, N. C., for the Company. Mr. Bernard Hiatt, of Martinsville, Va., for the Union. Miss Ruth E. Bliefield, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Furniture Workers of America, CIO, herein called the Union, alleging that a question affecting com- merce had arisen concerning the representation of employees of Johnson-Carper Furniture Company, Inc., Roanoke, Virginia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George L. Weasler, Trial Examiner. The hearing was held at Roanoke, Virginia, on September 21, 1945. The Company and the Union appeared and par- ticipated. All parties 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. 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 Johnson-Carper Furniture Company, Inc., is a Virginia corporation with its principal place of business at Roanoke, Virginia, where it is engaged in the manufacture of bedroom furniture. During the year ending July 1, 1945, the Company purchased raw materials consisting 65 N. L . R. B., No. 74. 414 JOHNSON-CARPER FURNITURE COMPANY, INC. 415 chiefly of lumber, veneer, glue, hardware and mirrors, valued in excess of $200,000, approximately 50 percent of which was shipped to it from points outside the State of Virginia. During the same period the Com- pany produced goods valued in excess of $400,000, approximately 90 percent of which was shipped to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act, and we so find. H. THE ORGANIZATION INVOLVED United Furniture Workers of America is a labor organization, affil- iated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the Union as the exclusive bargaining representative of its employees until such time as the Union has been certified by the Board in an appropriate unit. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substan- tial number of employees 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 We find, in substantial accordance with the agreement of the parties, that all production and maintenance employees of the Company, in- cluding the powerhouse engineer, and the plant maid, but excluding all office clerical employees, the office maid, all factory clerks, factory stenographers, guards, the nurse, all foremen, assistant foremen,' and all other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute, a unit appropriate for the purposes of collective bargaining, within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. 1 The Field Examiner reported that the Union presented 262 application -for-membership cards, all of which bore the names of employees on the Company ' s pay roll ; that all of the cards were dated between February and August 1945 ; and that there are approximately 456 employees in the appropriate unit. s Sometimes referred to as "sub-foremen " 679100-46-vol 65-28 416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company contends that all of its employees in the armed service who come within the appropriate unit and cannot be present at the polls should be permitted to vote by mail in any election which the Board may direct. The record reveals that the Company employs approximately 393 employees within the unit found appropriate in Section IV, above, and there are about 176 employees presently in the. armed forces. It was testified that the Company does not expect any substantial change in its operations due to the cessation of hostilities, since it did not alter its operations materially during the war period. It appears that the circumstances here are not substantially or mate- rially different from those in the South West Pennsylvania Pipe Lines case 3 and we shall, therefore, as in that case, provide for mail balloting of employees on military leave. We shall adopt the same procedure in this case as in the South West Pennsylvania Pipe Limes case, wherein we stated : The Board's experience has shown that the speed and efficacy with which it can conduct elections has depended to a great extent upon the degree of cooperation afforded it by the interested parties with respect to matters such as the physical arrange- ments for the election and the preparation of eligibility lists. A free interchange between the interested parties of information on the addresses and work categories of the employees to be balloted by mail will be necessary in order to avoid challenges and post- election objections. Accordingly, the Board will make available to all interested parties any information of this nature furnished it by any other party. In the event that the parties should send the absentee voters any information or literature 6 bearing di- rectly or indirectly on the pending election, copies of all such documents should be simultaneously filed with the Regional Office for inspection by or transmittal to the other parties. 6 Acceptance or transmittal of such literature by the Board's office is not to be construed as conferring immunity on the filing party in the event that objections are later interposed concerning its content. The usual priciples will apply. Accordingly, we shall direct that the question concerning repre- sentation 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. In this case, the Regional Director shall mail ballots to employees within the appropriate unit on military leave, provided one or more of the parties hereto, within seven (7) days from the issuance of the Direction of Election, files with the Regional Director a list containing the names, most recent addresses, 3 64 N. L. R. B. 1384. JOHNSON-CARPER FURNITURE COMPANY, INC. 417 and work classifications of such employees. The Regional Director shall open and count the ballots cast by mail by employees on military leave, provided that such ballots must be returned to and received at the Regional Office within thirty (30) days from the date they are mailed to the employees by the Regional Director. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National La- bor 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 Johnson-Carper Furniture Company, Inc., Roanoke, Virginia, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fifth 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 Regula- tions, among 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 including employees in the armed forces of the United States, who shall 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 election, to determine whether or not they desire to be represented by United Furniture Workers of America, CIO, for the purposes of collective bargaining.