Joseph Aronauer Inc.

National Labor Relations Board - Board DecisionsOct 30, 1953

106 N.L.R.B. 1382 (N.L.R.B. 1953)

1382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD JOSEPH A R O NA U E R INCORPORATED and LOCAL 140, PRODUCTION AND SALES EMPLOYEES UNION, INTER- NATIONAL UNION OF DOLL & TOY WORKERS OF THE UNITED STATES & CANADA, AFL, Petitioner . Case No. 2-RC-5848 . October 30, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before J. J. Hoffman, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby af- firmed.1 Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the mean- ing of the Act. 2. The labor organizations involved claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the mean- ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. The Employer manufactures springs for mattresses and upholstered furniture. The Intervenor and the Employer contend that a bargaining contract which they entered into as of June 30, 1951, for a 3-year term is a bar to this proceeding. The Intervenor asserts that contracts of that duration are custo- mary in the mattress, spring , and bedding industry. In support of its assertion , the Intervenor stated that it had contracts with more than 3,000 employers, of which over 500 are for 3 years or more; that 80 percent of its contracts for 3 years or longer are with employers in the mattress , spring, and bedding in- dustry; and that all its contracts with plants in the New York City area which manufacture springs are for 3 or more years. On the other hand, the Petitioner introduced evidence tending to establish that another union, United Furniture Workers of America, CIO, also contracted with spring manufacturing plants, and that these contracts were for periods of less than 3 years. Even assuming that the industry involved is the mattress, spring, and bedding industry, there was no proof as to the number of other employers in the industry or the percentage with which the Intervenor has contracts for 3 or more years. We find, upon this record, that the contracting parties have not established that a "substantial part of the industry concerned" is covered by contracts of more than 2 years' duration. See 'The Intervenor, Upholsterers' International Union of North America, AFL, and its Local 601, offered certain contracts with other employers in the industry, allegedly for 3 or more years' duration, as exhibits for examination only by the Board, or with the names of the employers deleted The hearing officer properly refused to admit the contracts subject to these limitations. Except where national defense is involved, the Board makes its determina- tions only upon the basis of a public hearing and public records. 106 NLRB No. 243. WALTERBORO MANUFACTURING CORPORATION 1383 General Motors Corporation , 102 NLRB 1140. We find that the contract is not a bar to this proceeding.2 4. We find, in agreement with the parties , that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Employer's plant at Maspeth , Long Island, New York, excluding shipping and receiving employees , office clerical employees , profes- sional employees , guards, watchmen, executives , foremen, and other supervisors , as defined in the Act. [Text of Direction of Election omitted from publication.] 2 Chairman Farmer and Member Rodgers agree that the contract is not a bar. However, they express no opinion now as to what effect they would accord evidence that a substantial part of the industry involved was covered by contracts of more than 2 years' duration. WALTERBORO MANUFACTURING CORPORATION' and IN- TERNATIONAL LADIES GARMENT WORKERS UNION, A.F.L., Petitioner . Case No . 11-RC-565. October 30, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Jerold B. Sindler, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case , the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.' 4. The Petitioner seeks to represent a unit of the Employer's production and maintenance employees , including firemen and shipping clerks, but excluding watchmen, the chief mechanic, office clerical employees , technicians , professional employees, and supervisors . The Employer challenges the appropriateness of the proposed unit only to the extent of contending that the chief mechanic and the watchmen should be included in the unit. 1The name of the Employer appears as amended at the hearing. 2 As a labor organization 's showing of interest is an administrative matter to be deter- mined solely by the Board , we deny the Employer ' s motion to dismiss the petition upon the ground that the Petitioner 's showing was inadequate . Kearney & Trecker Corporation, 95 NLRB 1125. Moreover , we are satisfied that the Petitioner 's showing of interest is adequate. 106 NLRB No. 241.