The Harris-Hub Bed & Spring Company, a Corporation, Carl Harris Company, a Corporation

National Labor Relations Board - Board Decisions

Jul 28, 1939

13 N.L.R.B. 1236 (N.L.R.B. 1939)

I
In the Matter of THE HARRIS-HUB BED & SPRING COMPANY, A CORPORA-
TION, CARL HARRIS COMPANY, A CORPORATION and UNITED FURNITURE
WORKERS OF AMERICA LOCAL 1608 (AFFILIATED WITH THE CONGRESS
OF INDUSTRIAL ORGANIZATIONS)
Case No. R-1401.-Decided July 28, 1939
Metal Bed and Cabinet Manufacturing Industry-Investigation of Representa-
tives: controversy concerning representation of employees • companies refused
to recognize the petitioning union without certification-Unit Appropriate for
Collective Bargaining: all production, maintenance, shipping, and receiving-
room employees, and foremen, excluding supervisory employees other than fore-
men, clerical and office employees, watchmen, truck drivers, and temporary em-
ployees ; said unit includes employees of two companies with common stock-
holdings, interlocking directorships, and interchangeable employees-Electron
Ordered
Mr. Albert P. Wheatley, for the Board.
,Mr. H. V. Lundeberg, of Cicero, Ill., for the Company.
Mr. Ben Meyers, of Chicago, Ill., for the United.
Mr. Alfred Rota and Mr. W. G. Tate, of Chicago, Ill., for Local
185.
Mr. John K. Odisho, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF.THE CASE
On April 8, 1939, United Furniture Workers of America, Local
1608, herein called the United, filed with the Regional Director for
the Thirteenth Region (Chicago, Illinois) an amended petition 1
alleging that a question affecting commerce had arisen concerning the
representation of employees of Harris-Hub Bed & Spring Company
and Carl Harris Company, Cicero, Illinois, herein collectively called
the Companies, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On May 22, 1939,
the National Labor Relations Board, herein called the Board, acting
1 The United filed its original petition on October 18, 1938.
13 N. L. R. B., No. 117.
1236
THE HARRIS-HUB BED & SPRING COMPANY 1237
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 Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On June 1, and on June 6, 1939,2 the Regional Director issued a
notice of hearing and an amended notice of hearing, respectively,
copies of which were duly served upon the Companies, upon the
United, and upon Mattress, Bedding & Spring Workers Union,
Local 185, herein called Local 185, a labor organization affiliated
with the American Federation of Labor, purporting to represent em-
ployees directly affected by the investigation. Pursuant to the
amended notice, a hearing was held on June 8 and 9, 1939, at Chicago,
Illinois, before William Seagle, the Trial Examiner duly designated
by the Board. The Board, the Companies, and the United were rep-
resented by counsel, and Local 185 by its representatives; all par-
ticipated in the hearing. Full opportunity to be heard, to examine
and to 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 objec-
tions 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
1. THE BUSINESS OF THE COMPANIES
Harris-Hub Bed & Spring Company, an Illinois Corporation, with
its principal office and place of business in Cicero, Illinois, is engaged
in the manufacture, sale, and distribution of steel beds, coils, springs,
steel cots, double-deck bunks, and associated metal products. The
value of raw materials purchased by this Company in 1938 aggre-
gated $300,000. Approximately 50 per cent of such raw materials
came from points outside Illinois. During the same period, this
Company's sales' aggregated $600,000. Approximately 60 per cent
of the products sold were shipped to points outside Illinois.
Carl Harris Company, all Illinois Corporation, with its principal
office and place of business in Cicero, Illinois, is engaged in the manu-
facture of steel cabinets and associated products. The value of raw
materials purchased by this Company in 1938 aggregated $100,000,
of which approximately 50 per cent came from points outside Illinois.
All the products manufactured by this Company are sold to the
'The United filed a second amended petition on June 6, 1939.
187930-39-vol. 13-79
1238 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD
Harris-Hub Bed & Spring Company, the latter being its only
customer.
The activities of both Companies are coordinated by virtue of
common stockholdings and interlocking directorships. A general
factory superintendent is in charge of the operations of both Com-
panies, and the employees of each are used interchangeably.
The Companies employ approximately 240 persons.
II. THE ORGANIZATIONS INVOLVED
United Furniture Workers of America, Local 1608, is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to its membership employees of both Companies.
Mattress, Bedding & Spring Workers Union, Local 185, is a labor
organization affiliated with the Upholsterers' International Union of
America which in turn is affiliated with the American Federation of
Labor. It admits to its membership employees of both Companies.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated October 4, 1938, the United requested a conference
with the Harris-Hub Bed & Spring Company for the purpose of
collective bargaining. At a conference on October 10, 1938, said
Company questioned the United's claim that it represented a majority
of the production and maintenance employees. At a conference on
May 13, 1939, the United requested both Companies to bargain with
it as the representative of their employees. At this conference, and
on dates subsequent thereto, the Companies questioned whether
either the United or Local 185 represented a majority of their
employees.
We find that a question has arisen concerning representation of
employees of the Companies.
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 Companies
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the parties stipulated that all the production,
maintenance , shipping , and receiving-room employees of both Com-
panies , excluding supervisory , clerical and office employees , watch-
THE HARRIS-HUB BED & SPRING COMPANY 1239
men, and truck drivers, constitute an appropriate unit. No reason
appears for departing from the unit agreed upon.' However, there
was dispute as to whether foremen and temporary employees should
be included in the stipulated unit.
With regard to the foremen, the United desires their inclusion
in the unit while the Companies wish to exclude them. Local 185
takes no position one way or the other in the matter. In view of
the fact that foremen are apparently eligible to membership in both
labor organizations , and further in view of the fact that one labor
organization desires their inclusion and the other raises no objec-
tion, we shall include the foremen in the appropriate unit.
With regard to the temporary employees, the United desires their
inclusion in the unit while Local 185 and the Companies wish to
exclude them. It appears from the record that temporary employees
are hired to perform work on large contract jobs with the under-
standing that they will be laid off with the completion of the work
called for under the contract. The Companies' counsel testified that
temporary employees are hired "possibly once a year, perhaps for
two weeks, one week." In view of this, we shall exclude temporary
employees from the appropriate unit.
We find that all the production, maintenance, shipping, and re-
ceiving-room employees, and foremen of both Companies, excluding
supervisory employees other than foremen, clerical and office em-
ployees, watchmen, and temporary employees, constitute a unit ap-
propriate for the purposes of collective bargaining and that said unit
will insure to employees of the Companies the full benefit of their
right to self-organization and to collective bargaining and will other-
wise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing, the United and Local 185 each claimed to repre-
sent a majority of the employees in the appropriate unit and intro-
duced in evidence application cards signed by a substantial number
of the employees within the unit we have found to be appropriate.
We find that the question concerning representation can best be re-
solved by holding an election by secret ballot.4
A strike of the Companies' employees, called by the United on
May 8, 1939, was current at the time of the hearing. The United
8 See Matter of C. A. Lund Company and Novelty Workers Union, Local 1866 (A. F. of L )
Successor, et at, 6 N. L. R. B 423, enforced in National Labor Relations Board v.
Christian A. Lund, doing business as C. A. Lund Company and Northland Ski Manufactau-
ing Company, 103 P. ( 2d) 815 (C. C A. 8th).
4Matter of The Cudahy Packing Company and United Packinghouse Workers of America,
Local No. 21, of The Packinghouse Workers Organizing Committee, Affiliated with the
Congress of Industrial Organizations, 13 N. L. R B. 526.
'1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
urges that the pay roll for the week beginning on May 1, 1939, be
used as a basis for the determination of representatives. In this,
Local 185 agrees. The Companies, on the other hand, urge that the
pay roll for the week preceding an election be used.
We shall direct that all employees in the appropriate unit who
were on the Companies' pay rolls for the week beginning May 1,
1939, 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 those who
have since quit or been discharged for cause, shall be eligible to vote.5
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 repre-
sentation of employees of Harris-Hub Bed & Spring Company and
Carl Harris Company, Cicero, Illinois, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
2. All the production, maintenance, shipping, and receiving-room
employees, and foremen of both Companies, excluding supervisory
employees other than foremen, clerical and office employees, watch-
men, and temporary employees, constitute a unit appropriate 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
Relations Act, 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 ordered by the Board
to ascertain representatives for the purposes of collective bargain-
ing with Harris-Hub Bed & Spring Company and Carl Harris
Company, Cicero, Illinois, an election by secret ballot shall be con-
ducted within fifteen (15) 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, Section 9, of
said Rules and Regulations, among the production, maintenance,
shipping, and receiving-room employees, and foremen, of both Com-
5 Matter of A. Sartorious & Co., Inc. and United Mine Workers of America, District 50,
Local 12090, 10 N. L. B. B. 493.
THE HARRIS-HUB BED & SPRING COMPANY 1241
panies who were on the Companies' pay rolls for the week beginning
May 1, 1939, 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
supervisory employees other than foremen, clerical and office em-
ployees, watchmen, temporary employees, and employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by United Furniture Workers of America,
Local 1608, affiliated with the Congress of Industrial Organizations,
or by Mattress, Bedding & Spring Workers Union, Local 185, affili-
ated with the Upholsterers' International Union of America, and
through it, with the American Federation of Labor, for the purposes
of collective bargaining, or by neither.