Roberti Bros., Inc.

National Labor Relations Board - Board Decisions

Jul 26, 1939

13 N.L.R.B. 1181 (N.L.R.B. 1939)

In the Matter of ROBERTI BROS., INC. and UPHOLSTERERS INTERNA-
TIONAL UNION, LOCAL 15
Case No. R-1363.--Decided July 26, 1939
Upholsterinq Inzde8trl/-Investigation of Representatives: controversy concern-
ing representation of employees : majority status disputed by employer-Unit
Appropriate for Collective Bai gaining: employees of upholstering department
and upholsterers of bedding and mattress department , excluding janitors , elevator
operators , clerical employees, and supervisory employees ; controversy as to : em-
ployees eligible to membership in craft included ; supervisory employees ex-
elnded-Election Ordered
Mr. Charles M. Brooks, for the Board.
Mr. Ben C. Cohen, of Los Angeles, Calif., for the Company.
Mr. Charles L. Yost, of Los Angeles, Calif., for the Union.
Mr. Ralph Winkler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 19, 1939, Upholsterers International Union of North
America, Local No. 15,1 herein called the Union, filed with the Re-
gional Director for the Twenty-first Region (Los Angeles, California)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Roberti Bros., Inc., Los
Angeles, California, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On April 12, 1939, 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.
1 This is the full title of the Union although incompletely stated in the formal papers.
13 N. L. R. B., No. 111.
1181
1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On April 17, 1939, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the Union,
upon Furniture Workers Union, Local 1561, herein called Local 1561,
and upon United Furniture Workers of America, Local 576, herein
called Local 576. Pursuant to notice, a hearing was held on April 26,
27, and 28, 1939, at Los Angeles, California, before Thomas H. Ken-
nedy, the Trial Examiner duly designated by the Board. The Board
and the Company were represented by counsel and the Union by a
representative; all participated in the hearing.' Full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded 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 prej -
udicial errors were committed. The rulings are hereby affirmed. The
Union filed a brief which has been considered by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY'
Roberti Bros., Inc., is a corporation organized under the laws of
the State of California. It is engaged in the business of manufactur-
ing and selling mattresses, bedsprings, and upholstered furniture,
with its only factory located in the city of Los Angeles, California.
It has approximately 200 employees.
The principal raw materials used in the manufacture of its prod-
ucts are lumber, cotton, and angle iron. All of these raw materials
are purchased from concerns maintaining stocks of such raw materials
at their places of business in the State of California. These concerns
purchase and transport into the State of California from other States
the greater portion of these raw materials. Purchases of raw mate-
rials by the Company for the period from January 1, 1937, to Novem-
ber 1, 1937, amounted to approximately $263,296.88.
The total volume of the Company's sales for the same period
amounted to $552,404.47. Approximately 20 per cent of such sales
represent shipments to points outside the State of California. The
2A representative of Local 1561 announced at the hearing that he did not wish to
intervene in the proceedings . Counsel for the Board read a letter into the record which
the Regional Director had received from Local 576 stating that it desired to withdraw
from the proceedings.
3 The parties at the hearing stipulated that the statement of the Company's business in
Matter of Roberti Bros ., Ino. and Furniture Workers Union, Local 1561 , 8 N. L. it . B. 925,
is a correct one as of the present date, except for a 25-per cent decrease in the total
volume of business.
ROBERTI BROTHERS, INCORPORATED 1183
Company sells approximately 75 per cent of its merchandise under a
trade-mark registered in the United States Patent Office.
II. THE ORGANIZATION INVOLVED
Upholsterers International Union of North America, Local No. 15,
is a labor organization affiliated with the American Federation of
Labor. It admits to membership all the upholsterers of the ' Com-
pany, excluding janitors, elevator operators, supervisory, and clerical
employees.
III. THE QUESTION CONCERNING REPRESENTATION
In January 1939, when the Union requested recognition as the
exclusive bargaining representative of the Company's employees in
an appropriate unit, Edward Roberti, president of the Company,
questioned the Union's status as the representative of a majority of
the Company's employees.
We find that a question has arisen concerning the representation of
the employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
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
The Union claims that the appropriate unit should consist of all
employees of the upholstering department, exclusive of janitors,
elevator operators, supervisory, and clerical employees.4 Such a
unit would include about 38 employees. The Company urges the
inclusion of the upholsterers who are employed in the mattress and
bedding department, a janitor, and an elevator operator, as well as
certain other employees whom the Union considers as engaged in
supervisory capacities.
The Company's business includes the operation of a steel depart-
ment, a mattress and bedding department, a mill, and an upholstering
department. The mattress department, employing nine upholsterers,
' The Company and the Union agreed to exclude John Adkins as a supervisory employee
and Lois Reimer as a clerical employee.
1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is located on the second floor of the company's plant ; the upholster-
ing department is on the third floor. Since the upholsterers of the
bedding and mattress department are eligible to membership in the
Union and are engaged in upholstering work, we do not believe that
their exclusion from a craft unit of upholsterers is warranted.'
The Union does not admit supervisory employees to membership
and would exclude, as within such a category, Clark Lawrence,
Manuel Gutierrez, and Joe Di Leo. Lawrence, as head cutter and
supervisor of the cutting department, cuts samples and distributes
work to other employees. At the hearing, two employees referred to
him as their "boss." Gutierrez, in charge of the spring-up depart-
ment, distributes work and passes on the orders of the upholstering
foreman to the other employees. Di Leo, an inspector, supervises the
craters and clean-up men. We find that Lawrence, Gutierrez, and
Di Leo are supervisory employees and should be excluded from
the unit.
The janitor and elevator operator are ineligible for membership in
the Union. For this reason and because of the differences in the
type of work, we find that they should be excluded from the unit.
We find that all employees of the Company's upholstering depart-
ment and the upholsterers of the mattress and bedding department,
but excluding janitors, elevator operators, supervisory employees, and
clerical employees, constitute a unit appropriate for the purposes of
collective bargaining, and that said unit will insure to employees of
the Company the full benefit of their right to self-organization and
to collective bargaining and will otherwise effectuate the policies of
the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company's April 18, 1939, pay roll was introduced in evidence.
As of that date, it appears that there were 47 employees within the
appropriate unit. The Union offered in evidence the membership
cards of 22 employees within the unit. Twenty employees, five of
whom also signed union membership cards, have affixed their signa-
tures to a petition requesting that an election be held. The petition
is also in evidence.
We find that the question concerning representation can best be
resolved by means of an election by secret ballot. We shall direct
that employees eligible to vote in the election shall be those in the
appropriate unit who were on the Company's pay roll next preceding
the date of this Direction, including employees who did not work
during such pay-roll period because they were ill or on vacation, and
G See Matter of Oppenheimer Casing Company, a corporation and United Packinghouse
Workers of America. Local No. 7 i, 13 N L. R B 500
ROBERTI BROTHERS, INCORPORATED 1185
employees who were then or have since been temporarily laid off, but
excluding those who have since quit or have been discharged for
cause.
Upon 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 rep-
resentation of employees of Roberti Bros., Inc., Los Angeles, Cali-
fornia, 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's upholstering department
and upholsterers of the mattress and bedding department, but ex-
cluding janitors, elevator operators, supervisory employees, and cler-
ical employees, constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the Na-
tional Labor Relations Act.
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 2,
it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining: with Roberti Bros., Inc., Los Angeles, California, an
election by secret ballot shall be conducted within twenty (20) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Twenty-first Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 9, of said Rules and Regulations, among
the employees of the Company's upholstering department and the
upholsterers of the mattress and bedding department, whose names
appear on the Company's pay roll next preceding the date of this
Direction, including employees who did not work during such pay-
roll period because they were ill or on vacation, and employees who
were then or have since been temporarily laid off, but excluding
janitors, elevator operators, supervisory employees, and clerical em-
ployees, and all employees who have since quit or have been dis-
charged for cause, to determine whether or not they desire to be
represented for the purposes of collective bargaining by Upholsterers
International Union of North America, Local No. 15, affiliated with
the American Federation of Labor.