United Cabinet Co.

National Labor Relations Board - Board Decisions

Nov 12, 1946

71 N.L.R.B. 650 (N.L.R.B. 1946)

In the Matter of UNITED CABINET COMPANY, EMPLOYER and UPHOL-
STERERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 331,
A. F. OF L., PETITIONER
Case No. 11-R-1195.-Decided November 1w, 1946
Mr. M. C. Krempp, of Jasper, Ind., for the Employer.
Mr. Joseph Jacobs, of Chicago, Ill., and Mr. Robert D. Malarne?, of
Indianapolis , Ind., for the Petitioner.
Mr. Oliver A. Switzer, of South Bend, Ind., for the Intervenor.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Jasper,
Indiana, on October 8, 1946, before Arthur R. Donovan, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OE FACT
I. THE BUSINESS OF THE EMPLOYER
United Cabinet Company, a partnership, maintains its office and
place of business at Jasper, Indiana. During the past year the Em-
ployer purchased raw materials valued in excess of $50,000, of which
approximately 25 percent was shipped from points outside the State
of Indiana. During the same period the Employer manufactured and
sold finished products valued in excess of $50,000, approximately 10
percent of which was shipped to points outside the State of Indiana.
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
71 N. L. R. B, No. 100.
650
UNITED CABINET COMPANY 651
United Furniture Workers of America, Local 331, herein called the
Intervenor, is a labor organization affiliated with the Congress of
Industrial Organizations, clannulg to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
On August 7, 1946, the Petitioner requested recognition from the
Employer as exclusive bargaining representative of certain of its
employees . The petition in the present proceeding was filed by the
Petitioner on September 10, 1946. Apparently the Employer is unwill-
ing to accord the Petitioner the recognition it seeks in the absence of
certification by the Board.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the agreement of the parties, we find that all
production and maintenance employees of the Employer, including
working foremen and shipping clerks, but excluding office employees,
partners, superintendents, and all 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.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with United Cabinet Company, Jasper,
Indiana, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director for
the Eleventh Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Sections 203.55 and 203.56, of
National Labor Relations Board Rules and Regulations-Series 4,
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 said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
'Althou gh the Intervenor has a, contract with the Empieve,, it is not raised as a bar to
an election not could this agicement preclude an election, as the petition in this case seas
filed before the operative date of its automatic renewal clause
652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the United States who present themselves in person at the polls, but
excluding those employees 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 Up-
holsterers International Union of North America, Local 331, A. F.
of L., or by United Furniture Workers of America, Local 331, C. 1. 0.,
for the purposes of collective bargaining, or by neither.