New Indiana Chair Co.

National Labor Relations Board - Board Decisions

Aug 18, 1942

43 N.L.R.B. 318 (N.L.R.B. 1942)

In the Matter of NEW INDIANA CHAIR COMPANY and UNITED FURNI-
TURE WORKERS OF AiIEIlICA, AFFILIATED WITH THE C. I. 0.
Case No. R-/f078.Decided August 18, 194
Jurisdiction : chair manufacturing industry.
,Investigatioir and Certification of -Representatives : existence of question
failure of Company to reply to petitioner's request for recognition ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance
employees, including fliemen, watchmen, and shipping employees, and exclud-
ing supervisory and clerical employees and the millwright.
Mr. Isidor Kahn, of Evansville; Ind., for the Company.
Mr. Fred Ful f ord and Mr. Frank Doutliitt, of Jasper, Ind., for the
Union.
Mr. Stanley D. Metzger, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Furniture Workers of America,
affiliated with the C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
o£ employees of New Indiana Chair Company, Jasper, Indiana,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Robert D.
Malarney, Trial Examiner. Said hearing was held at Jasper, Indiana,
on July. 29, 1942. The Company and the Union appeared, partici-
pated, and 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.
43 N, L. R. B , No. 48.
'318
NEW INDIANA CHAIR COMPANY 319
Upon the entire, record in the case, the Board makes . the "following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
New Indiana Chair Company is an Indiana corporation with its
plant and place of -business in Jasper , Indiana, where it is engaged
in the manufacture of chairs . During the year 1941 the Company
purchased , raw materials valued at more than $100,000, of which
approximately 50 percent represented shipments to the Company from
places outside the State of Indiana . During the same period the
Company sold finished products valued at more than, $150,000, of
which more than 60 percent represented shipments to-.places outside
the State of Indiana.
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter of May 4, 1942, the Union informed the Company that it
represented a majority of the Company's employees and requested
recognition and a bargaining conference. The Company did not
reply to the Union's letter.
A statement of the Regional Director, introduced in evidence at
the hearing, shows that the Union represents a substantial 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union alleged in its petition and claimed at the Bearing that11
all production and maintenance employees, excluding 'supervisory
and clerical employees, constitute an appropriate unit. The Union
would include within the unit as production or maintenance employees
two firemen, three watchmen, and the Company's shipping employees,
'The Regional Director reported that the Union had submitted to him 51 member-
ship cards , bearing apparently genuine signatures, of which 30 were dated in June 1942,
18 in , Mav '1942 -, ;,and 3 .were-undated There are approximately 108 employees in the
appiopriate unit.
320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and would exclude from the unit a millwright who is a salaried em-
ployee. The employees whom the Union would include in the unit
are hourly paid or work on a piece-rate basis. Those whom the Union
would exclude are salaried employees. The Company does not dis-
pute the appropriateness of the unit urged by the Union.
We find that all production and maintenance employees of the
Company, including firemen, watchmen, and shipping employees, and
excluding supervisory and clerical employees and the millwright, con-
stitute a unit appropriate for the purposes of collective bargaining
. within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find.that the question concerning representation which has tirisen
can best be -resolved by an election by secret • ballot. In accordance
with our usual practice, we shall direct that the employees of the
Company eligible to vote in the election shall be those in the appro-
priate unit who were employed during the pay-roll period immediately
preceding the date of the Direction of Election herein, subject ,to' the
limitations and conditions set forth in the Direction.
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 Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes,of collective-'bargaining with New Indiana
Chair Company, Jasper,'Indiana, an election by secret ballot shall be
conducted as early, as possible but not later- than thirty (30) days
from the date of this Direction, under,the direction and supervision
of the Regional Director for the Eleventh 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 the employees
in the unit found appropriate in Section IV above, who were employed
,at the Company's Jasper, Indiana, plant, during the pay-roll period
immediately preceding the date of this Direction, including any such
employees who did not work during said 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 employees
who have since quit or been discharged for cause, to aeterinine, whether
or not they desire to be represented , by United Furniture Workers
of America, affiliated with the Congress of (Industrial Organizations,
for the purposes of collective bargaining.