Marsh Furniture Co.

National Labor Relations Board - Board Decisions

Apr 14, 1942

40 N.L.R.B. 535 (N.L.R.B. 1942)

In the Matter Of MARSH FURNITURE Co. and FURNITURE WORKERS
LOCAL No. 2515, CHARTERED BY'THE BROTHERHOOD OF CARPENTERS AND)
JOINERS OF AMERICA, AFFILIATED WITI THE AMERICAN FEDERATION
OF LABOR
Case No. R-3676.-Decided April 14, 1942
Investigation and Certification of Representatives : stipulation for certification-
upon eonsent election.
Mr. J. E. Marsh, Jr., of High Point, N. C., for the Company.
'Mr. Joe Boyd, of High Point, N. C., for the Union.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On February 16, 1942, Furniture Workers Local No. 2515, chartered
by the Brotherhood of Carpenters and Joiners of America, affiliated
with the Ameican Federation of Labor, herein called the Union, filed
with the Regional Director for the Fifth Region (Baltimore, Mary-
land) a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Marsh Furniture Co.,
herein called the Company, engaged at High Point, North Carolina,
in the manufacture of kitchen cabinets, 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 March 4, 1942, the Company, the Union, and the Regional Director
entered into a "Stipulation for Certification upon Consent Election."
On March 12, 1942, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article'IlI;
Section 3, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
Pursuant to the Stipulation an election by secret ballot was con-
ducted on March 17, 1942, under the direction and supervision of the
Regional Director, among all production and maintenance employees
40 N. L. R. B., No. 97
535
536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Company, who were employed during the pay-roll period of
March 12, 1942, including those employees who did not work during
such pay-roll period because they were ill or on vacation, or in the
active military service or training of the United States,.or.temporarily
laid off; but excluding clerical and supervisory employees, and em-
ployees who have since quit or been discharged for cause, for the
purpose of determining whether or not such employees desire to be
represented by the Union for purposes of collective bargaining with
the Company. On March 20, 1942, the Regional Director issued and
duly served upon the parties an Election Report on the ballot. No
objections to the conduct of the ballot or to the Election Report have
been filed by any of the parties. In his Election Report the Regional
Director reported-as follows concerning the balloting and its results :
Total on eligibility list--------------------------------------- 203
Total ballots cast- ------------------------------------------ 188
Total ballots challenged ------------------------------------- 0
Total blank ballots------------------------------------------ 1
Total void ballots- ------------------------------------------ 1
Total valid votes counted----------------------------------- 186
Votes cast for Furniture Workers Local No. 2515 , Chartered by
the Brotherhood of Carpenters and Joiners of America, affil-
iated with the American Federation of Labor-------------- 122
Votes cast against Furniture Workers Local No. 2515, Chartered
by the Brotherhood of Carpenters and Joiners of America,
affiliated with the American Federation of Labor ------------ 64
Upon the basis of the Stipulation, the Election Report and the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Marsh Furniture Co., High Point, North
Carolina, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company, ex-
cluding clerical and supervisory employees, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the National Labor Relations Act.
3. Furniture Workers Local No. 2515, Chartered by the Brother-
hood of Carpenters and Joiners of America, affiliated with the Amer-
ican Federation of Labor, has been designated and selected by a
-majority of the employees in the above unit as their representative
for the purposes of collective bargaining, and is the exclusive repre-
sentative of all employees in the said unit within the meaning of
.Section 9 (a) of the National Labor Relations Act.
MARSH FURNITURE Co. 1 537
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that Furniture Workers Local No. 2515,
chartered by the Brotherhood of Carpenters and Joiners of America,
affiliated with the American Federation of Labor, has been designated
and selected by a majority of all production and maintenance em-
ployees of the Company, excluding clerical and supervisory employees,
as their representative for. the purposes of collective bargaining, and
that pursuant to the provisions of Section 9 (a) of the Act, Furniture
Workers Local No. 2515, chartered by the Brotherhood of Carpenters
and Joiners of America, affiliated with the American Federation of
Labor, is the exclusive representative of all such employees for the
purposes of collective bargaining with respect to rates of pay, wages,
hours of employment, and other conditions of employment.