Sealy Mattress Co. of Northern California, Inc.

National Labor Relations Board - Board Decisions

May 19, 1941

31 N.L.R.B. 974 (N.L.R.B. 1941)

In the Matter of SEALY MATTRESS COMPANY OF NORTHERN CALIFORNIA,
INC. and INTERNATIONAL LONGSHOREMEN 'S AND WAREHOUSEMEN'S
UNION, LOCAL 1-6, AFFILIATED WITH THE C. I. O.
Case No. R x.¢,95.Decided May 19, 1941
Jurisdiction : mattress manufacturing industry.
Investigation and Certification of Representatives : existence of question : con-
flicting claims of rival representatives ; pay roll preceding a strike which is
still in progress to determine eligibility; election necessary.
Election will not be deferred as requested by intervening union which
filed charges alleging that the Company had violated 8 (1) by assisting
petitioner, where such charges were informally settled by the Company
agreeing with the Regional Director to post notices, and where the posting
period expires two days after issuance of Decision
Unit Appropriate for Collective Bargaining : production employees, excluding
salesmen, office employees, foremen, and truck drivers ; stipulation as to.
Mr. Edward H. Moore, of Oakland, Calif., for the Company.
Glad stein, Grossman, Margolis cQ Sawyer, by Mr. Norman Leonard,
of San Francisco, Calif., for Local 1-6.
Mr. James F. Galliano of Oakland, Calif., for Local 1541.
Mr. Herbert She'hin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 3, 1941, International Longshoremen's and Warehouse-
men's Union, Local 1-6, affiliated with the Congress of Industrial
Organizations, herein called Local 1-6, filed with the Regional Direc-
tor for the Twentieth Region (San Francisco, California); a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Sealy Mattress Company of Northern
California; Inc., • Oakland, 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 18, 1941, the National La-
.31 N. L. R. B., No. 165.
974
SEALY MATTRESS COMPANY 975
bor 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, or-
dered an investigation, and authorized the Regional Director to
conduct it and provide for an appropriate hearing on due notice.
On April 18, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, Local 1-6, and
Furniture and Bedding Workers Union, Local 1541, affiliated with the
United Brotherhood of Carpenters & Joiners of America (A. F. of L.),
herein called Local 1541, a labor organization claiming to represent-
employees directly affected by the investigation. Pursuant to the
notice a hearing was held on April 24, 1941, at San Francisco; Cali-
fornia, before John Paul Jennings, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Company, Local 1-6, and
Local 1541 appeared by counsel and 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 prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Sealy Mattress Company of Northern California, Inc., is a Cali-
fornia corporation with its principal office and place of business at
Oakland, California, where it is engaged in the manufacture, sale,
and distribution of mattresses. During 1940 the Company used raw
materials in the amount of $96,341.41, of which approximately 37
per cent was shipped to its Oakland plant from points outside the
State of California. In the same year the Company's sales amounted
to $183,364.08, of -which less than 1 per cent represented shipments
to points outside the State of California. The Company employs
24 persons in the Oakland plant. The Company stipulated for the
purposes of this proceeding that it is engaged in commerce within
the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
International Longshoremen's and Warehousemen's Union; Local
1-6, affiliated with the Congress of Industrial Organizations, and
Furniture and Bedding Workers Union, Local 1541, affiliated with
976 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the United Brotherhood of Carpenters & Joiners of America (A. F.
of L.), are labor organizations admitting to membership production
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 13, 1938, the Company entered into a collective
bargaining agreement with Furniture Workers Union Local No. 1799,
affiliated with the United Brotherhood of Carpenters & Joiners of
America, (A. F. of L.), which by its terms expired on December 31,
1940. During the life of this agreement the membership of Local
1799' transferred into Local 1541. Prior to the expiration date of
the agreement, Local 1541, in accordance with the terms of the agree-
ment, gave the Company notice of its intention to terminate the
agreement. Collective bargaining negotiations ensued and continued
until February 19, 1941, at which time Local 1541 called a strike. On
February 27, 1941, Local 1-6 notified the Company that it represented
a majority of the Company's employees in an appropriate unit. Col-
lective bargaining negotiations then took place between the Company
and Local 1-6. The terms of a contract were tentatively agreed upon,
but the Company refused to sign any,contract with Local 1-6 until the
question of representation had been determined, and a collective
bargaining agency certified by the Board. The strike called by
Local 1541 and a boycott subsequently instituted are still in effect.
Both Local 1-6 and Local 1541 have been designated as the bargain-
ing representative of a substantial number of the Company's em-
ployees within the unit alleged and hereinafter found to be
appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
1 A'statement of the Regional Director introduced into evidence at the hearing indicates
that she examined 15 applications for membership in Local 1-6; that 12 of the'applica-
tions «ere dated February 27, 1941, 1 was dated February 28, 1941 , 1 was dated March 2,
1941, and 1 was undated , that the signatures on the applications appeared to be genuine ;
and that the signatures on all the applications corresponded to names on the Company's
pay roll of February 17, 1941. The Regional Director also stated that she had examined
14 dues record cards of Local 1541 which indicated that 1 person last paid dues in Septem-
ber 1940, 1 in October 1940, 4 in Januarv 1941 , 7 in Febiuary 1941 ( pmmoi to February 17)
,mnd 1 in Maich 1941. She further stated that she had examined a petition dated March 10,
1941, signed by 4 persons , designating Local 1541 as their bargaining iepresentative
't'hese four signatures were duplicates of names appearing on the dues record cards The
Regional Director stated that the four signatures on the petition appeared to be genuine
and that they were all the names of persons on the Company 's pay roll- of February 17,
1941. Similarly the Regional Director stated that the names of persons for whom dues
record cards were submitted were on the Company ' s pay loll of February 17, 1941
As of February 17, 1941, which is the last pay-roll date preceding the strike , there were
1S employees in the appropriate unit.
SEALY MATTRESS COMPANY 977
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
In accordance with a stipulation of all the parties entered into at
the hearing, we find that all the production employees, of the Com-
pany, excluding salesmen, office employees, foremen, and truck driv-
ers,2 constitute a unit appropriate for the purposes of collective
bargaining, and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot.
On March 17, 1941, Local 1541 filed charges with the Regional
Director alleging that, the Company had violated Section 8 (1) of
the Act by influencing its employees to renounce their affiliation with
Local 1541 and join Local 1-6. The Company denied it had com-
mitted any unfair labor practices but, in order to effect an early
disposition of the instant proceeding, entered into a written agree-
ment with the Regional Director informally settling the unfair labor
practice charges. Under this agreement the Company agreed to
post notices in the Oakland plant for sixty (60) days, stating that it
would not violate any of the provisions of the Act and informing
the Company's employees of their rights under the Act. The Re-
gional Director thereupon closed the unfair labor practice charge case
as adjusted. The Company posted the notices on March 22, 1941
Local 1541 contends that by virtue of the pendency of charges filed
by it no election should be directed at this time. The sixty (60) day
period for posting notices will expire on May 21, 1941. Under all
the circumstances, we shall not defer the election.
The Oakland plant closed down following the strike of February
19,1941, remained closed until March 3, 1941, and then, after operating
2 All parties stipulated at the ' hearing that Paul Fuller ' should be excluded ' from the unit
Fuller was hired as a relief truck driver but spent some of his time on regular production
work. We shall accept the stipulation of the parties and exclude Fuller from the unit
9.78 DECISIONS' OF- NATIONAL LABOR RELATIONS BOARD
for about 2 weeks, closed down again. The plant opened again on
April 21, 1941, and was in operation at the time of the hearing. The
record indicates that operations have at no time since the calling of
the strike been normal. ' The record also indicates that no new em-
ployees have been hired by the Company since the strike. All parties
agreed that the last pay roll prior to the strike, that of February 17,
1941, should be used in the event of an election. We shall, therefore,
direct that all employees of the Company in the appropriate unit who
were on the February 17, 1941, pay roll, subject to such limitations and
additions as are set forth in the Direction, shall be eligible to vote.
On 'the basis of the above findings of fact and the entire record in
the case the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Sealy Mattress Company of Northern Cali-
fornia Inc., Oakland, California, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All production employees of the Company, excluding salesmen,
office employees, foremen, and truck drivers, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National 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, and pursuant to Article III, Section 8, pf National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby '
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Sealy Mattress Company of Northern California Inc., Oakland,
California, an election by secret ballot shall be conducted as early
as possible, but not later than thirty (30) days after the date of this
Direction of Election, under the direction and supervision of the
Regional Director for the Twentieth 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 all production
employees of the Company who were on the Company's February 17,
1941, pay roll, including employees who did not work during said pay-
: oll period because they were ill or on vacation or in the active service
or military training of the United States, or temporarily laid off, but
SEALY MATTRESS COMPANY 979
excluding salesmen, office employees, foremen and truck drivers, and
any, who have since quit or been discharged for cause, to determine
whether they desire to -be represented by International Longshoremen's
and Warehousemen's Union, Local 1-6, affiliated with the Congress
of Industrial Organization, or by Furniture and Bedding Workers
Union, Local 1541, affiliated with the United Brotherhood of Car-
penters & Joiners of America (A. F. of L.), for the purposes of collec-
tive bargaining, or by neither. -
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