Kay Musical Instrument Co.

National Labor Relations Board - Board Decisions

Jan 20, 1938

4 N.L.R.B. 1082 (N.L.R.B. 1938)

In the Matter Of KAY MUSICAL INSTRUMENT COMPANY and FURNITURE
WOODWORKERS AND FINISHERS , LOCAL 18-B
Case No. R-474-Decided January 00, 1938
Musical Instrument Manufacturing Industry-Investigation of Representa-
tives: controversy concerning representation of employees : substantial doubt
as to majority status ; refusal of employer to recognize petitioning union as ex-
^clusive representative-Unit Appropriate for Collective Bargaining : no contro-
versy as to-Election Ordered
Mr. Stephen M. Reynolds, for the Board.
Mr. Otto A. Jaburek, of Chicago, Ill., for the Company.
Mr. Bliss Duff an, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 22, 1937, Furniture Woodworkers and Finishers Local
No. 18-B, hereinafter called the Union, filed with the Regional- Direc-
tor for the Thirteenth Region (Chicago, Illinois) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Kay Musical Instrument Company, Chi-
cago, Illinois, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On November 9, 1937, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On November 19, 1937, the Regional Director issued 'a notice of
hearing, copies of which were duly served upon the Company and
upon the Union. ' Pursuant to the notice, a hearing was held on
November 23, 1937, at Chicago, Illinois, before Herbert Wenzel, the
Trial Examiner duly designated by the Board. The Board and the
Company were represented by counsel and participated in the hear-
ing. A business agent of the Union was present and testified at the
hearing. Full opportunity to be heard, to examine and cross-examine
1082
DECISIONS AND ORDERS 1083
witnesses, and to introduce evidence bearing on the issues was af-
forded all parties. During the course of the hearing the Trial
Examiner made several rulings on motions and on objections to the
admission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
Upon the entire record of the case the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company, an Illinois corporation, is engaged in the manu-
facture, sale and distribution of guitars, banjos, mandolins and bass
violins. Its plant is located at Chicago, Illinois. The Company has
no branch offices or salesmen, and does business principally through
wholesalers, forty in number, located in fifteen states. It also does
business by mail order throughout the United States and in several
foreign countries.
The Company uses lumber, lacquer, shellac, stains, glue, strings,
hardware manufactured from brass, and other materials. Seventy-
five per cent of all such materials are obtained outside the State of
Illinois.
The total sales of the Company each year amount to about $250,000,
approximately 60 per cent of the finished products being shipped out-
side the State of Illinois.
II. THE ORGANIZATION INVOLVED
Furniture Woodworkers and Finishers Local No. 18-B is a labor
organization affiliated with the Upholsterers, Furniture, Carpet, Lino-
leum and Awning Workers' International Union of North America,
which is in turn 'affiliated with the American Federation of Labor,
admitting to membership all production and maintenance employees
of the Company, excluding foremen, office employees, and employees
acting in a supervisory capacity.
III. THE QUESTION CONCERNING REPRESENTATION
On October 16, 1937, a committee from the Union met with the
president of the Company and asked that the Union be recognized
as the exclusive bargaining representative of the Company's em=
ployees, excluding foremen, office employees and employees acting in
a supervisory capacity . The president refused such recognition,
contending that the Union did not represent a majority of the
employees.
We find that a question has arisen concerning representation of
employees of the Company.
1084 NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION ON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
In its petition the Union alleged that all employees of the Com-
pany, exclusive of foremen, office, and supervisory employees consti-
tuted an appropriate unit. The Company raised no objection to
this unit.
We find that all the employees of the Company, excluding foremen,
office and supervisory employees, constitute a unit appropriate for
collective bargaining purposes and that said unit will insure the
employees of the Company the full benefit of their rights to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company employed on October 15, 1937, and at the time of
the hearing, 62 employees within the appropriate unit. A business
agent of the Union testified that 43 employees had signed applica-
tions for membership in the Union. The applications were not
introduced in evidence. The president of the Company testified that
36 employees had signed a petition indicating that they did not
desire to be represented by the Union.
We find that the question which has arisen concerning representa-
lion can best be resolved by the holding of an election by secret ballot.
On the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following:
- CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of -the Kay Musical Instrument Company,
Chicago, Illinois, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All the employees of the Company, excluding foremen. office
employee and employees acting in a supervisory capacity, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
DECISIONS AND ORDERS 1085
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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Kay
Musical Instrument Company, Chicago, Illinois, an election by secret
ballot shall be conducted within fifteen (15) days from the date of
this Direction, under the direction and supervision of the Regional
Director for the Thirteenth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Section 9, of said Rules and Regulations, among all the employees
of Kay Musical Instrument Company who were employed by the
Company during the pay-roll period next preceding the filing of the
petition in this case, excluding foremen, office employees, and super-
visory employees, and excluding employees who quit or were dis-
charged for cause between such date and the date of election, to deter-
mine whether or not they desire to be represented by Furniture Wood-
workers and Finishers Local 18-B for the purpose of collective
bargaining.