Sieling Furniture Co.

National Labor Relations Board - Board Decisions

Dec 8, 1944

59 N.L.R.B. 794 (N.L.R.B. 1944)

In the Matter Of SIELING FURNITURE COMPANY and UNITED FURNITURE
WORKERS OF AMERICA, C. I. O.
Case No. 4-R-1533.Decided December 8, 19
Mr. Fred H. Lewis, of Railroad, Pa., and Mr. McClean Stark, of
York, Pa., for the Company.
Mr. Abe Klein, of Hanover, Pa., for the United.
Mr. Milton D. M. Peters, of Red Lion, Pa., for the Allied.
Mr. Louis Cokin, of counsel td the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Furniture Workers of America,
C. I. 0., herein called the United, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Sieling Furniture Company, Railroad, Pennsylvania, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Eugene M. Purver, Trial
Examiner. Said hearing was held at York, Pennsylvania, on Novem-
ber 17,1944. At the commencement of the hearing the Trial Examiner
granted a motion of Allied Woodworkers Union of America, Inc.,
Local #4, herein called the Allied, to intervene. The Company, the
United, and the Allied appeared at and participated in the hearing
and 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
1. THE BUSINESS OF THE COMPANY
Sieling Furniture Company is a Pennsylvania corporation operat-
ing a plant at Railroad, Pennsylvania, where it is engaged in the man-
59 N. L. R. B., No. 159.
794
SIELING FURNITURE COMPANY 795
ufacture of wood products. During its fiscal year ending July 31,
1944, the Company purchased raw materials valued in excess of
$200,000, about 90 percent of which was shipped to it from points out-
side the Commonwealth of Pennsylvania. During the same period
the Company produced finished products valued in excess of $200,000,
about 90 percent of which was shipped to points outside the Common-
wealth of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATIONS INVOLVED
United Furniture Workers of America is a labor organization af-
filiated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Allied Woodworkers Union of America, Inc., Local #4, is a labor
organization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the United as the exclusive col-
lective bargaining, representative of its employees until such time as
the United is certified by the Board.
On December 31, 1942, the Company and the Allied entered into an
exclusive bargaining contract. The contract provided that it shall
remain in effect for 1 year. The contract was renewed thereafter to
remain in effect until December 31, 1944. It contains no automatic
renewal clause. Inasmuch as the contract is about to expire by its
terms, we find that it does not constitute a bar to a determination of
representatives at this time.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the United represents a sub-
stantial number of employees in the unit hereinafter found to be ap-
propriate.'
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
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the- Company, ex-
I The Field Examiner reported that the United presented 36 authorization cards bearing
names of persons that appear on the Company's pay roll of September 25, 1944. There
are approximately 84 persons in the appropriate unit. The Allied did not present any evi-
dence of representation, but relied upon its contract as evidence of its interest in the instant
proceeding.
796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
eluding clerical employees, executives, assistant foremen, maintenance
.supervisors, and any other supervisory employees with authority 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.2
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 Sieling Furniture
Company, Railroad, Pennsylvania, 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 Fourth Region, acting in this matter
as agent for the National Labor Relations Board and subject to Ar-
ticle III, Sections 10 and 11, of said Rules and Regulations, among
the 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
the 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 ex-
cluding any 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 they desire to be represented by United Furniture
Workers of America, C. I. 0., or by Allied Woodworkers Union of
America, Inc., Local #4, for the purposes of collective bargaining,':)r
by neither.
2 This is substantially the same unit as provided for in the contract between the Allied
and the Company.