California Woodturning Co.

National Labor Relations Board - Board Decisions

Sep 9, 1938

8 N.L.R.B. 1057 (N.L.R.B. 1938)

In the Matter of CALIFORNIA WOODTURNING COMPANY and UNITED
FURNITURE WORKERS OF AMERICA, LOCAL 576, C. I. O.
Case No. R-854.-Decided September 9, 1938
Furniture Manufacturing Industry-Investigation of Representatives: con-
troversy concerning representation of employees-Contract : closed-shop, no
bar to investigation and direction of election to determine representatives for
period after expiration date-Unit Appropriate for Collective Bargaining: pro-
duction employees , exclusive of supervisory and clerical employees ; no con-
troversy as to-Election Ordered : pursuant to stipulation.
Mr. Charles M. Brooks and Mr. Frank A. Mouritsen, for the Board.
Mr. A. W. Kuznets, of Los Angeles, Calif., for the Company.
Gallagher, Wirin & Johnson, by Mr. Leo Gallagher, and Mr.
Grover Johnson, of Los Angeles, Calif., for Local 576.
Rosencrans c6 Emme, by Mr. Leo V. Rosencrans,-and Mr. John
Murray, of Los Angeles, Calif., for Local 1561.
Mr. Henry J. Fox, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 10, 1938, United Furniture Workers of Amer-
ica, Local 576, Committee for Industrial Organization, herein called
Local 576, filed with the Regional Director for the Twenty-first Re-
gion (Los Angeles, California) a petition alleging that a question
affecting commerce had arisen concerning the representation of the
employees of California Woodturning Company, of Los Angeles,
California, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On June 1, 1938, the National Labor Relations Board, herein
called the Board, acting 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 au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice. The Board, acting pursuant
8 N. L. R. B., No. 131.
1057
1058 - NATIONAL LABOR RELATIONS BOARD
to Article III, Section 10 (c) (2), of said Rules and Regulations,
further ordered that this case be consolidated for the purpose of
hearing with cases involving the Quality Furniture Manufacturing
Company and the Furniture Guild of California.
On June 1 and 2, 1938, the Regional Director issued notices of
hearing, copies of which were duly served upon the Company, upon
Local 576, upon Furniture Workers Union, Local 1561, United
Brotherhood of Carpenters and Joiners of America, herein called
Local 1561, a labor organization claiming to represent employees
directly affected by the investigation, upon the District Council of
Carpenters for Los Angeles County, upon the Los Angeles Industrial
Union Council, and upon the Los Angeles Central Labor Council.
Pursuant to the notices a hearing was held on June 9, 10, 15, and 16,
1938, at Los Angeles, California, before Dwight W. Stephenson, the
Trial Examiner duly designated by the Board. The Board, the
Company, Local 576, and Local 1561 were represented by counsel or
official representatives and participated in the hearing. Full op-
portunity to be heard, to examine and 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 objections 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 COMPANY
California Woodturning Company, individually owned and op-
erated by Awrain Kuznets, is engaged in the manufacture of furni-
ture in Los Angeles, California. During 1937 it purchased raw
materials valued at about $40,000, approximately two-thirds of which
consisted of purchases of lumber and hardware. The Company
bought all its hardware directly from sources outside of California.
Although it purchased its lumber from local dealers, all of it was
obtained by them from sources outside the State of California.
During the same period the Company's sales amounted in value to
$105,664.18, of which approximately 20 per cent represents the value
of products shipped by it outside California. The Company has a
sales representative located in Arizona.
i The cases involving Quality Furniture Manufacturing Company and the Furniture Guild
of California were decided in a separate decision by the Board See 8 N L. It B. 850.
DECISIONS AND ORDERS
II. THE ORGANIZATIONS INVOLVED
1059
United Furniture Workers of America, Local 576, is a labor organi-
zation affiliated with the Committee for Industrial Organization.
It admits to its membership all production employees of the Com-
pany, excluding office workers, clerical and supervisory employees.
Furniture Workers Union, Local 1561, United Brotherhood of
Carpenters and Joiners of America, is a labor organization affiliated
with the American Federation of Labor, and with the District
Council of Carpenters for Los Angeles County. It admits to its
membership all production employees of the Company except office
workers, teamsters, and upholsterers.
III. THE QUESTION CONCERNING REPRESENTATION
On September 24, 1937, the Company and Local 1561 entered into
a written closed-shop agreement covering all production employees
of the Company exclusive of office workers, teamsters, and upholster-
ers. The terms of the agreement provided that it should be effec-
tive from September 1, 1937, until midnight of August 31, 1938, and
that negotiations for renewal should commence 60 days prior to its
termination date.
In February 1938 a large number of the members of Local 1561
voted to affiliate with the Committee for Industrial Organization.
Subsequently, many of the members of Local 1561 joined Local 576,
affiliated with the C. I. O. Local 576 claims to represent a majority
of the employees of the Company within the appropriate unit, and
in its petition requested certification as the exclusive bargaining rep-
resentative of such employees.
Since the Company's contract with Local 1561 expired on August
31, 1938, it is not necessary in this case to decide the precise legal
status of Local 1561 with respect to the contract, or to determine
the effect of the contract during the period prior to its expiration.
The contract clearly does not preclude an investigation or certifica-
tion of a bargaining representative for the period following the
expiration of the contract. Furthermore, at the hearing Local 576
and Local 1561 stipulated that an election be held to determine whom
the employees in the appropriate unit desired as their representative.
The Company raised no objection to this stipulation.
We find that a question has arisen concerning representation of
employees of the Company.',
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 Company
117213-39-vol. 8-68
1060 NATIONAL LABOR RELATIONS BOARD
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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing Local 576 and Local 1561 stipulated that all the
production employees of the Company, excluding clerical and super-
visory employees, constitute a unit appropriate for the purposes of
collective bargaining. They also stipulated that Nathan Gallerstein,
Douriss Ginn, Nick Phillips, and Frank Gallerstein should not be
considered as production employees within the unit. The Company
raised no objection to these stipulations.
We find that all the production employees of the Company,2 ex-
cluding clerical and supervisory employees, constitute a unit ap-
propriate for the purposes of collective bargaining, and that said
unit will insure to the employees of the Company the full benefit of
their right to self-organization and to collective bargaining, and
otherwise effectuate the policies of the Act. _
VI. THE DETERMINATION OF REPRESENTATIVES
We have noted above that Local 576 and Local 1561 stipulated at
the hearing that an election should be held to determine the ques-
tion concerning representation which has arisen. In view of this
stipulation, we need not consider certain evidence introduced by
Local 576 relative to its claim that it represented a majority of the
employees in the appropriate unit.
The two labor organizations also stipulated that eligibility to
vote in the election should be determined on the basis of the em-
ployees in the appropriate unit whose names appeared on the pay
roll of February 10, 1938. The Company raised no objection to the
stipulation.
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 rep-
resentation of employees of California Woodturning Company, Los
Angeles, California, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the Act.
2 In accordance with the stipulation , the term production employee shall not be deemed
to include Nathan Gallerstein , Douriss Ginn , Nick Phillips, and Frank Gallerstein.
DECISIONS AND ORDERS 1061
2. The production employees of the Company, excluding clerical
and supervisory 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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it
is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for collective bargaining with the Cali-
fornia Woodturning Company, Los Angeles, California, an elec-
tion by secret ballot shall be conducted within fifteen (15) days from
the date of this Direction under the direction and supervision of
the Regional Director for the Twenty-first Region acting in this
matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 9, of said Rules and Regulations, among
the production employees who were listed on the pay roll of Febru-
ary 10, 1938, excluding clerical and supervisory employees and those
employees who have since quit or been discharged for cause, to
determine whether they wish to be represented by United Furniture
Workers of America, Local 576, Committee for Industrial Organi-
zation, or by Furniture Workers Union, Local 1561, United Brother-
hood of Carpenters and Joiners of America, American Federation
of Labor, for the purposes of collective bargaining, or by neither.
MR. EDWIN S. SMITH took no part in the consideration of the
above Decision and Direction of Election.
[SAME TITLE] _
AMENDMENT TO DIRECTION OF ELECTION
September 24, 1938
On September 9, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding, the election to be held within 15 days from
the date of Direction, under the direction and supervision of the
Regional Director for the Twenty-first Region (Los Angeles, Cali-
fornia).
1062 NATIONAL LABOR RELATIONS BOARD
The Board, having been advised by the Regional Director for the
Twenty-first Region that a longer period within which to hold the
election is necessary, hereby amends its Direction of Election by
striking therefrom the words "within 15 days from the date of this
Direction" and substituting therefor the words "within 22 days from
the date of this Direction."
MR. DONALD WARE FIELD SMITH took no part in the consideration
of the above Amendment to Direction of Election.
8 N. L. R. B., No. 131a.