The Nahon Co.

National Labor Relations Board - Board Decisions

Jul 11, 1942

42 N.L.R.B. 329 (N.L.R.B. 1942)

In the Matter of THE NAHON COMPANY and UNITED UPHOLSTERERS
UNION OF NEW YORK, LOCAL No 44, UPHOLSTERERS ' INTERNATIONAL
UNION OF N A, AFL
Case No R-3957 -Decided July 11, 1942
Jurisdiction : fuinituie manufacturing industry
Investigation and Certification of Representati' es • existence of question re-
fusal to accord petitioner recognition, election necessary
Unit Appropriate for Collective Bargaining : all employees, excluding up-
holsteieis, foiemen, and cleiical and supeivisoiy employees, held to constitute
an appropriate unit despite Company's request that cabinet makers, finishers,
and shipping and maintenance employees should constitute separate units
Mr. George L. Arlin, of New York City, for the Company
Mr. Joseph Rothenberger, of New York City, for the Union.
Mr. Charles IV Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Upbolsteieis' Union of New
York, Local No 44, Upholstereis' International Union of N. A., AFL,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the iepiesentation of employees of The Nahon
Company, New York City, heieni called the Company, the National
Labor Relations Board piovided for an appropiiate heaiing upon due
notice before Martin I Rose, Tiial Examiner Said hearing was held
at New York City on June 15, 1942 The Company and the Union
appeared, participated, and were afforded full opportunity to be
heaid, to examine and cross-examine witnesses, and to uitioduce evi-
dence bearing on the issues The Tiial Examinei's rulings made at
the hearing are flee fiom pieludicial error and aie hereby affirmed
Upon the entire recoid in the case, the Boaid makes the following.
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
The Nahon Company is a New York corporation having its princi-
pal office and place of business in New York City, w here it is engaged
42NLIIB,No78
329
330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the manufacture, sale, and distribution, of furniture and related
products During the period from November 15, 1941, to May 15,
1942, the Company purchased for use at its New York plant raw
materials, pimcipally lumber, down, hair, springs, hardware, and
lacquers, valued at approximately $41,000, of which about 1 percent
was secured from sources outside the State of New York During the
same period, the Company sold finished products valued at approxi-
mately $142,000, of which about 33]/3 percent was shipped to points
outside the State of New Yoik The Company concedes that it is
engaged in commerce within the meaning of the National Labor
Relations Act and that it is subject to the jurisdiction of the Boaid.-
II THE ORGANIZATION INVOLVED
United Upholsterers' Union of New Yoik, Local No. 44, is a labor
organization affiliated with ;Upholsterers' International Union of
North America and the American Federation of Labor, admitting to
membership -employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
About May 2, 1942, the Union requested the Company to recognize
it as exclusive bargaining representative within the unit which we
hereinafter find to be app] opi late The Company declined to recog-
nize the Union as such repiesentative A report of the Regional
Director introduced into evidence at the hearing indicates that the
Union repiesents a substantial number of employees within the appro-
priate unit 1
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV THE APPROPRIATE UNIT
The Union contends that all employees of the Company, excluding
upholsterers, foremen, and clerical and supervisory employees, con-
stitute an appropriate unit. The Union now represents the uphol-
sterers by virtue of a conti act expn ing August 31, 1942. The Com-
pany contends that the cabinet makers, finishers, and shipping and
maintenance employees, constitute three sepal ate appropriate units,
and that the foremen should be included in such units.
1 The Union submitted to the Regional Director 37 applications for membership cards
Thirty bore apparently genuine, original signatures , five bore printed names Thirty-five
of the cards bore the names of persons on the Company 's May 8, 1942, pay roll, listing
45 persons within the appropriate unit Tnenty -two were undated , 3 dated in 1942, 5 in
April, and 5 in May 1942
THE NAHON COMPANY . 331
The Company manufactures custom-built furniture. The furniture
is built by the cabinet makers, starting with rough lumber and using
both machine and hand woodworking tools. It is then finished, i. e.
stained and varnished, by the finishers; upholstered,-if such is neces-
sary; and finally shipped.
Cabinet makers, finishers, and upholsterers are highly skilled crafts-
men. They are not interchangeable. All work the-same hours. All
are hourly paid except the cabinet makers, who are piece workers.
Although under other circumstances the cabinet makers, finishers,
and shipping and maintenance employees might constitute separate
appropriate units, we are of the opinion that, on this record, they
constitute one appropriate unit.
There are four foremen. Two of these are employed in the cabinet
making department, one in the finishing department, and one in the
shipping and maintenance department They spend 90 percent of
their time supervising other employees. We find that the foremen
are supervisory employees, and shall exclude them from the unit -
We find that all employees of the Company, excluding upholsterers,
foremen, and clerical and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
Although the Union requested that eligibility to vote in any election
be determined by the pay roll of May 1; and the Company that it be
determined either as of the date of the hearing or as of the date of
the election, we shall direct, in accordance with our usual practice,
that the question concerning representation which has arisen be re-
solved by an election by secret ballot among the employees in the
appropriate unit who were employed during the pay-roll period im-
mediately 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, Sections 8 and 9, of 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 the Nahon Company, New York City, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
days from the date of this Direction, under the direction and super-
vision of the Regional Director foi the Second Region, acting in this
matter as agent for the National Labor Relations Boai d, and subject to
Article III, Section 9, of said Rules and Regulations,- among the em-
ployees in the unit found appropriate in Section IV, above, who weie
employed during the pay-roll peiiod immediately preceding the date
of this Direction, including employees who did not work dining such
pay-roll period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily laid
off, but excluding any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented for the
purposes of collective bargaining by United Upholsterers' Union of
New York, Local No 44, Upholsterers' International Union of N A)
affiliated with the American Federation-of Labor.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election