Sealy Mattress Co.

National Labor Relations Board - Board Decisions

Mar 1, 1946

66 N.L.R.B. 242 (N.L.R.B. 1946)

In the Matter of SEALY MATTRESS COMPANY and TEXTILE WORKERS
UNION OF AMERICA, C. I. O.
Case No. 13-R-3334.Decided March 1, 1946
Mr. Stanford Clinton,` of Chicago, Ill., for the Company.
Mr. Earl T. McGrew, of Chicago, Ill., for the Union.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Sealy Mattress Company, Chicago, Illinois, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Clarence A. Meter, Trial Ex-
aminer. The hearing was held at Chicago, Illinois, on December 14,
1945. The Company and the Union appeared and participated. All
parties 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. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Sealy Mattress Company, an Illinois corporation with its principal
office and place of business in Chicago, Illinois, is engaged in the
manufacture of mattresses , box springs , sofa-beds , and headboards.
During the fiscal period ending November 30, 1945, the Company
66 N. L. R. B., No. 24.
242
SEALY MATTRESS COMPANY 243
purchased raw materials valued in excess of $500,000, of which more
than 50 percent was received from points located outside the State
of Illinois. During the same period the Company sold finished
products valued in excess of $800,000, of which more than 20 percent
was shipped to points located outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affi-
liated with the Congress of Industrial Organizations , admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its employees
until the Union has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates 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 mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit composed of all production and mainte-
nance employees including employees of the shipping and receiving
departments, and the maintenance man, but excluding office clerical
employees, the production-schedule clerk, truck driver, janitor-
watchman, salesmen, superintendent, foreman, and all working fore-
men except the working foreman in the packing and inspection de-
partment. The Company seeks to include office clerical employees
if personnel of the shipping and receiving departments are included,
and it also wishes to exclude the maintenance man, and the working
foreman in the packing and inspection department 2
I The Field Examiner reported that the Union submitted membership cards bearing the
names of 25 employees listed on the Company 's pay roll of October 24, 1945, and that
the cards are dated October 1945.
There are approximately 27 employees in the appropriate unit.
' The Company takes no position with respect to the production-schedule clerk, whom
we shall exclude in accordance with the Union 's desire.
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Employees of the Shipping and Receiving Departments: These
employees perform manual labor in the course of their duties, which
are the usual functions associated with their classification. We shall
include them in accordance with our customary practice.3
Office Clerical Employees: These employees have interests and
duties which differ from those of production and maintenance em-
ployees. Accordingly, pursuant to our well-established policy, we
shall exclude them .4
Maintenance Man: Because of the wartime shortage of materials,
the operations of the Company have been necessarily curtailed, and
no maintenance man is presently employed. When production has
been increased the Company contemplates the addition of a mainte-
nance employee whose function it will be to repair and maintain
machinery and plant equipment. We can perceive no reason to de-
viate from our normal policy of including this type of employee in
the unit sought. Accordingly we shall include him.-,
Working Foreman-Packing and Inspection Department: There is
at present only one subordinate employee in this department, but
when normal production is resumed it is anticipated that the working
foreman will supervise five employees. The record discloses that, al-
though this employee is paid the same piece-work rate as his sub-
ordinate, additional compensation paid to him for his supervisory
duties is reflected in the annual bonus." It is apparent that he may
effectively recommend the discharge, discipline, or transfer of his
subordinates, and the increase of personnel within his department
should serve to accentuate his supervisory status. We are convinced
that he occupies virtually the same position as other working fore-
men, who the parties agree should not be included. Therefore, we
shall exclude the working foreman of the packing and inspection
department.
We find that all production and maintenance employees of the
Company at its Chicago, Illinois, plant, including employees of the
shipping and receiving departments, and the maintenance man, but
excluding office clerical employees, the production-schedule clerk,
truck driver, janitor-watchmen, salesmen, superintendent, foremen,
all working foremen, and all other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
8 See Matter of Taylor Forge & Pipe Works, 51 N. L. It. B 48
4 See Matter of American Propeller Corp , 43 N. L. R B. 518
5 See Matter of Gluck Brothers, Inc., 45 N. L. R. B. 1159.
8 The annual bonus percentage given to the working foreman for the last period was,,;The
as contrasted with 21/2 percent for the subordinate employee.
SEALY MATTRESS COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
245
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sealy Mattress
Company, Chicago, Illinois, an election by secret ballot shall be con-
ducted 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 Thirteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the election, to determine whether or not they desire to be represented
by Textile Workers Union of America, C. I. 0., for the purposes of
collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.