Wycombe Meyer, Inc.

National Labor Relations Board - Board Decisions

Sep 27, 1943

52 N.L.R.B. 867 (N.L.R.B. 1943)

i
In the Matter of WYCOMBE MEYER, INC., and UNITED UPHOLSTERERS
UNION OF N. Y. LOCAL No. 44, UPHOLSTERERS INTERNATIONAL UNION..
OF NORTH AMERICA.
Case No. R-5922.-Decided September 27, 1943
Rita A. Meyer, of New York City, for the Company.
Mr. R. Alvin Albarino, of New York City, and Mr. Joseph Rothen-
berger, of Richmond Hill, L. I., New York, for the Upholsterers.
Mr. Harry Weinstock, of I ew York City, for the Furniture.
Workers.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by United Upholsterers Unions
of N. Y. Local No. 44, Upholsterers International Union of North
America, herein called the Upholsterers, alleging that a question;,
affecting commerce had arisen concerning the representation of em-
ployees of Wycombe Meyer, Inc., New York City, herein called the-
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Sidney Reitman, Trial
Examiner. Said hearing was held in New York City on August
28, 1943. The Company, the Upholsterers, and United Furniture
Workers of America, C. I. 0., herein called the Furniture Workers,.
appeared, participated, and 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 rase, the Board makes the following::
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549875-44-vol. 52-56 86T
868 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Wycombe Meyer, Inc., a New York corporation with its principal
-office located in New York City, is engaged in the manufacture, sale
and distribution of upholstered furniture. Although at the date of
the hearing, the Company maintained plants situated respectively
at Norwalk, Connecticut, 'and at Third Avenue, New. York City,
arrangements have been made to cease manufacturing at both these
plants by September 1, 1943, and to commence operations on that
date in the premises already leased at Twenty-eighth Street, New
York City. It is therefore with the Twenty-eighth Street' plant of
the Company that the instant proceedings are concerned. The prin-
cipal raw materials purchased by the Company are hair, cotton,
lumber, down, and fabrics.- During the year ending June 30, 1943,
the Company's purchases of such raw materials were in excess of
$50,000, of which 90 percent was shipped to its plants from points
outside the State of New York. During the same period the Com-
pany's sales of its finished products, upholstered furniture, were in
excess of $100,000, of which 90 percent was shipped to points outside
the State of New York.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act. -
II. THE ORGANIZATIONS INVOLVED
United Upholsterers Union of N. Y. Local No. 44, Upholsterers
International Union of North America, is a labor organization affil-
iated with the American Federation of Labor, admitting to member-
ship employees of the Company.
United Furniture Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 19, 1943, the Upholsterers requested the Com-
pany to commence collective bargaining negotiations with it. The
Company refused to recognize the Upholsterers unless and until it
is certified as exclusive bargaining agent by the Board.'
1 The Furniture Workers urge that the petition be dismissed on the ground that the unit
will be greatly expanded by the hiring of additional employees . However, the Company's
witness testified that it is unlikely that more than three additional employees will be
engaged and that limitations of space at the new plant prohibit the hiring of more than
five additional employees in the alleged appropriate unit. At the date of the hearing, the
Company employed 15 persons in the unit hereinafter found appropriate.
WYCOMBE MEYER, INC. 869
A statement of the Regional Director, introduced in evidence ' at
the hearing, indicates that the Upholsterers represents a' substantial
number of employees in the unit hereinafter found appropriate?
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
In substantial accordance with the agreement of the parties, we
find that all production employees of Wycombe Meyer, Inc., New
York City, excluding clerical and maintenance employees and all
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.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by 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 limitation and additions set forth in
the Direction.3
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, 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 Wycombe Meyer,
Inc., New York City, an election by secret ballot shall be conducted
' The Regional Director reported that the Upholsterers submitted 25 designations, of
which 22 bearing apparently genuine original signatures correspond with names on the
Company's pay roll of July 19, 1943 , which contains 27 names. The Furniture Workers
did not submit any evidence of representation but relied on a contract between the
Company and a Norwalk , Connecticut , local , affiliated with the Furniture Workers, which
expired June 15, 1943.
s The labor organizations requested that they appear on the ballot as United Uphol-
sterers Union of New York , affiliated with the Upholsterers International Union of North
America, the American Federation of Labor ; and as Local 76 and 76-B of the United
Furniture Workers of America, C . I. 0., respectively . The requests are hereby granted.
870 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as early as possible, but not later than (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 agent for
the National Labor Relations Board, and subject to Article III,.
Sections 10 and 11, of said Rules and Regulations, among the em-
ployees 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 tem-
porarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause, to-
determine whether they desire to be represented by United Up-
holsterers Union of New York, affiliated with the Upholsterers Inter-
national Union of North America, the American Federation of Labor,,
or by Local 76 and 76-B, United Furniture Workers of America,
C. I. 0., for the purposes of collective bargaining, or by neither.