Myrtle Desk Co.

National Labor Relations Board - Board Decisions

Apr 14, 1942

40 N.L.R.B. 538 (N.L.R.B. 1942)

In the Matter of MYRTLE DESK COMPANY and FURNITURE WORKERS
LOCAL No. 2644, CHARTERED BY THE BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION
OF LABOR
Case No. R-3675.-Decided April 14, 1942
-Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. W. T..Powell, 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. 2644, char-
tered by the Brotherhood of Carpenters and Joiners of America,
affiliated with the American Federation of Labor, herein called the
Union, filed with the Regional Director for the Fifth Region (Balti-
more;-Maryland) a petition alleging that a' question affecting com-
merce had arisen concerning the representation of employees of Myrtle
Desk Company, herein called the Company, engaged at High Point,
North Carolina, in the manufacture of wooden office furniture, and
requesting an investigation and certification of representatives pur-
suant 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 III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an inves-
tigation 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
40 N. L. R. B., No 98. -
538
MYRTLE DESK COMPANY 539
Regional Director , among all production and maintenance employees
of the Company who were employed during the pay-roll period of
March 12, 1942, including work leaders , and those employees who did
not work during such pay-roll period because they were ill or on vaca-
tion , or in the active military service or training of the United States,
or temporarily laid off, but excluding clerical and supervisory em-
ployees and employees 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 bar-
gaining 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 ------- ------------------------------- 251
Total ballots cast------------------------------------------- 217
'Total ballots challenged______________________________________ 0
Total blank ballots---------------------------------------- 0
Total void ball.ots------------------------------------------- 0
Total valid votes counted_____________________________________ 217
Votes cast for Furniture Workers Local No 2644, chartered by
the Brotherhood of Carpenters and Joiners of America, affili-
ated with the American Federation of Labor ---- ------- ___ 133
Votes cast against Furniture Workers Local 2644, chartered by
the Brotherhood of Carpenters and Joiners of America,
affiliated with the American Federation of Labor ----------- 84
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 represen-
-tation of employees of Myrtle Desk Company, 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, in-
cluding work leaders, but excluding clerical and supervisory em-
ployees, 'constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 6 ( b) of the National'Labor
Relations Act.
3. Furniture Workers Local No. 2644 , 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 the employees in the above unit as their representative for the pur-
poses of collective bargaining , and is the exclusive representative of
,540 -DECISIONS OF NATIONAL LABOR RELATIONS BOARD
all employees in the said unit within the meaning of Section 9 (a)
of the National Labor Relations Act.
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. 2644,
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, including work leaders, but excluding cleri-
cal and supervisory employees , as their representative for the purposes
of collective bargaining , and that pursuant to the provisions of Sec-
tion 9 ( a) of the Act, Furniture Workers Local No. 2644, chartered
by the Brotherhood of Carpenters and Joiners of America , affiliated
with the American Federation of Labor , is `the exclusive representa-
tive 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.