Thonet Brothers, Inc.

National Labor Relations Board - Board Decisions

Sep 17, 1943

52 N.L.R.B. 698 (N.L.R.B. 1943)

In the Matter of THONET BROTHERS , INC. and UNITED FURNITURE
WORKERS OF AMERICA, C. I. O.
Case No. B-5888.-Decided September 17, 1943
Mr. Cyril W. O'Gorman, for the Board.
Mr. Walter R. Munk, of Long Island City, N. Y., for the Company.
Mr. Harry Weinstock and Mr. Michael DeCico, of New York City,
for the C. I. O.
Mr. Joseph Rothenberger and Mr. R. Alvin 4lvirno, of New York
City, for, Local 44 and Local 45.
Mr. Louis Cokin, of counsel to 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 C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Thonet Brothers, Inc., Long Island City, New York, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before J. J. Fitzpatrick, Trial Exam-
iner. Said hearing was held at New York City on August 23, 1943.
At the commencement of the hearing, the Trial Examiner granted a
motion of United Upholsterers of New York, Local 45, herein called
Local 45, to intervene. The Board, the Company, the C. I. 0., Local
45, and United Upholsterers Union of New York, Local 44, herein
called Local 44, appeared at and participated in the hearing." 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.
1 Although Building Maintenance Craftsmen, A. F. of L., herein called the Craftsmen,
was served with notice of hearing, it did not'appear.
52 N. L It. B., No 122.
698
THONET BROTHERS, INC. 699
Upon the entire record in the case , the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Thonet Brothers, Inc., is a New'York corporation operating a plant
at Long Island City, New York, where it is engaged in the manu-
facture of marine furniture, United States Army truck body parts
and institutional furniture. During the 12-month period ending
August 1, 1943, the Company purchased raw materials valued in
excess of $250,000, 50 percent of which was shipped to it from points
outside the State of New York. During the same period, the Com-
pany sold finished products valued in excess of $1,000,000, 75 percent
of which was shipped to points outside the State of New York. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE 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.
United Upholsterers Union of New York, Local 44 and Local 45,
and Building Maintenance Craftsmen, are labor organizations affili-
ated with the American Federation of Labor, 'admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 7, 1943, the C. I. O. requested the Company to recognize
it as the exclusive collective bargaining representative of certain of
the Company's employees. The Company refused this request.
During the latter part of 1942, the Company entered into exclusive
bargaining contracts with Local 44 and Local 45 and the Craftsmen.
All these contracts are to remain in effect until August 31, 1943, and
from year to year thereafter unless either party thereto notifies the
other of a desire to terminate. All parties to the contracts served
such notices 90 days prior to August 31, 1943. Under these cir-
ocumstances, it is apparent that the contracts do not constitute a bar
to a determination of representatives at this time.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the C. I. O. represents a substantial num-
ber of employees in the unit alleged by it to be appropriate.2
2 The Regional Director reported that the C I. 0. presented 30 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
11
700 DECISIO'N'S OF NAITTOLNAL LABOR RELATIONS BOAiRD
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.
r
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The C. I. 0. urges that,all upholsterers, machine sewers, finishers,
chair assemblers, miscellaneous assemblers, pad seat attachment work-
ers, steel tube department binders and polishers, crate makers, stock-
men and helpers, maintenance and packing employees, finishing ma-
terial employees, watchmen, wood binders and helpers, shipping clerks
and helpers, order selectors, laborers, and porters, excluding super-
visory employees, constitute an appropriate unit. The record indicates
that the Craftsmen desires a unit of all chair assemblers, miscellaneous,.
assemblers, pad seat attachment workers, steel tube department
binders and polishers, crate makers, stockmen and helpers, main-
tenance and packing employees, finishing material employees, watch-
men, wood binders, and helpers, shipping clerks and helpers, order
selectors, laborers, and porters, excluding supervisory employees.
Local 44 and Local 45 desire two units; one consisting of upholsterers
and machine sewers and the other of finishers. The Company took no,
position with respect to the appropriate unit or units.
I The employees desired by the Craftsmen are the same as those,
covered in its contract with the Company alluded to above. Local
45's contract with the Company covered only sewers while Local 44's
contract covered upholsterers and finishers. Local 44, in the instant
proceeding, desires that the upholsterers and finishers be set up as
two units. The record does not disclose any reason for dividing the
employees represented heretofore by Local 44 into two units. The.
upholsterers and finishers have been effectively bargained for as a
single unit. Accordingly, we find that upholsterers. and finishers,
should not be divided into separate units. The Company employs.
one machine sewer who has been covered by Local 45's contract
with the Company. Inasmuch as the duties of the machine sewer are'
closely allied with that of the upholsterers, we shall include the ma-
chine sewer in the unit of upholsterers and finishers.
The unit claimed by the C. I. 0. embraces all employees claimed
by the Craftsmen, Local 44, and Local 45. The record indicates-
that the employees claimed by the Craftsmen', and Local 44 and
Local 45, may properly constitute two separate appropriate bargain-
ing units or that all such employees, together, as claimed by the
C. I. 0., may constitute a single unit. Under such circumstances,
pany's pay roll of July 19, 1943. There are approximately 68 employees in the unit urged
by the C. I O. Local 44 and Local 45 rely upon their contracts as evidence of their
representation in the units alleged by each to be appropriate.
THONET BROTHERS, INC. ,701
we shall make no determination of the unit or units at this time but
shall direct that the question concerning representation which has
arisen be resolved by separate elections by secret ballot among the
employees as follows :
(a) All upholsterers, machine sewers and finishers of the Com-
pany, excluding supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, to determine
whether they desire to be represented by United Upholsterers of New
York, Local 44 and Local 45, or by United Furniture Workers of
America, C. I. 0., for the purposes of collective bargaining, or by
neither;
(b) All chair assemblers, miscellaneous assemblers, pad seat attach-
ment workers, steel tube department binders and polishers, crate mak-
ers, stockmen and helpers, maintenance and packing employees, fin-
ishing material employees, watchmen, wood binders and helpers, ship-
ping clerks and helpers, order selectors, laborers, and porters, of the
Company, excluding supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, to determine
whether they desire to be represented by Building Maintenance
Craftsmen, A. F. of L., or by United Furniture Workers of America.
C. I. 0., for the purposes of collective bargaining, or by neither.
If a majority of the upholsterers, machine sewers, and finishers, and
a. majority of the remaining employees choose the same bargaining
agent, then the two groups of employees will together constitute n.
single unit; otherwise they will not.
Pursuant to our usual practice we shall direct that the employees
eligible to vote shall be those employed by the Company during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTIONS
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 Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Thonet Brothers,
Inc., Long Island City, New Yorks elections 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 Second Region, acting in this matter as
702 DEGZSSON'S , OF NATIONAL LABOR RELATION'S BOARD
agent for the National Labor Relations Board and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the
employees of the Company who fall within the groups described below
and who were employed by the Company during the pay-roll period
immediately preceding the date of this Direction, including employ-
ees who did not work during such pay-roll period because they were
ill or on vacation or temporarily laid off and including employees in
the armed forces of the United States who present themselves in per-
son at the polls, but excluding any who have since quit or been dis-
charged for cause :
(a) All upholsterers, machine sewers and polishers, excluding su-
pervisory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, to determine whether they desire to be
represented by United Upholsterers of New York, Local 44 and Local
45, or by United Furniture Workers of America, C. I. 0., for the pur-
poses of collective bargaining, or by neither;
(b) All chair assemblers, miscellaneous assemblers, pad seat attach-
ment workers, steel tube department binders and polishers, crate mak-
ers, stockmen and helpers, maintenance and packing employees,
finishing material employees, watchmen, wood binders and helpers,
shipping clerks and helpers, order selectors, laborers, and porters, ex-
cluding all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of employ-
ees, or effectively recommend such action, toodetermine whether they
desire to be represented by Building Maintenance Craftsmen, A. F. of
L., or by United Furniture Workers of America, C. I. 0., for the pur-
poses of collective bargaining, or by neither.
CHAIRMAN MiLus took no part in the consideration of the above
Decision and Direction of Election.