Grand Rapids Cabinet Co.Download PDFNational Labor Relations Board - Board DecisionsJul 31, 194133 N.L.R.B. 1002 (N.L.R.B. 1941) Copy Citation In the Matter of GRAND RAPIDS CABINET COMPANY and UNITED FuR- NITURE WORKERS OF AMERIOA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-27,04.-Decided July 31, 1941 Jurisdiction: store equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: Com- pany never replied to union's request for a, collective bargaining conference; notwithstanding union's request for a pay roll as of the filing of the petition and Company's request for a current pay roll, pay roll as of end of seasonal operations used to determine eligibility ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, including stockroom employees, but excluding superintendents, fore- men, employees in the engineering department; office employees, and truck drivers. Mr. Stephen F. Dunn, of Grand Rapids, Mich., for the Company. Mr. Frank Rogers and Mr. Ben Shouse, of Grand Rapids, Mich., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TFIE CASE" On May 13, 1941, United Furniture Workers of America, affiliated with the Congress of Industrial Organizations, herein called the Union, filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Grand Rapids Cabinet Company, Grand Rapids, Michigan, herein called the Company, and requesting an investigation and certifica- tion of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 19, 1941, 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 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 33 N. L. R. B., No. 176. 1002 GRAND' RAPIDS CABINET, COMPANY 1003 On July 3, 1941, the. Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on July 11, 1941, at Grand Rapids, Michigan, before Earl R. Cross, the Trial Examiner duly designated by the Chief Trial Examiner. The Company was rep- resented by counsel, the Union by its representatives; both partici- pated in the hearing. Full opportunity 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 : FINDING OF FACT 1. TIIE BUSINESS OF THE COMPANY Grand Rapids Cabinet 'Company is a Michigan corporation with its principal office and plant at Grand Rapids, Michigan, where it is engaged in the manufacture of ice cream cabinets, bobtail foun-' tains, storage boxes for ice cream, and store equipment. During its fiscal year ending June 1, 1941, the Company purchased raw materials valued at about $400,000, approximately $267,000 worth of which was shipped to it from points outside the State of Michigan. During the same period the Company sold finished products valued at about $726,000, approximately $620,000 of which represented sales made by it to points outside the State of Michigan. H. THE ORGANIZATION INVOLVED United Furniture • Workers of America is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION On April 18 and 22, 1941, the Union asked the Company for con- ferences for purposes of collective bargaining. The Company never replied to these requests. A statement of the Regional Director, in- troduced in evidence, shows that the Union represents a substantial number of employees in the unit alleged by it to be appropriate.' 'The Regional Director reported that the Union presented 55 membership application cards bearing the names of persons who appear on the Company's pay roll of June 6, 1941. There are 89 persons on the June 6, 1941, pay roll. 1004 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that a question has arisen concerning the 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 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 The Union urges that all production and maintenance employees of the Company, including stockroom employees, but exceeding super- intendents, foremen, employees in the engineering department, office employees, truck drivers, and watchmen, constitute a unit appropriate for the purposes of collective bargaining. The only controversy with respect to the unit concerns the watchmen. The Union seeks to exclude them from the unit and the Company seeks to include them. The Company employs two persons classified by it as watchmen. In addition to their duties as watchmen, these employees, Hayes and Sawyer, fire the boilers in the Company's plant daily and when nec- essary repair the boilers. They are paid on an hourly basis the same as production and maintenance employees of the Company. In view of the substantial character of their maintenance duties, we find that Hayes and Sawyer should be included in the unit. We find that all production and maintenance employees of the Com- pany, including stockroom employees, but excluding superintendents, foremen, employees in the engineering department, office employees, and truck drivers, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to 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 find that the question concerning representation can best be resolved by an election by secret ballot. The Union stated that in the event the Board directs an election, it desires that a pay roll as of the time of its petition, May 13,1941, be used to determine eligibility to vote. The Company desires the use of a current pay roll to deter- mine the eligibility to vote. It appears that the Company's business is seasonal and that it lays off at least 40 per cent of its personnel GRAND RAPIDS CABINET COMPANY 1005 during the months of July and August. We find that employees eligi- ble to vote in the election shall be those employees in the appropriate unit who were employed during the last pay-roll period in June, sub- ject to such limitations and additions as are set forth in the Direction hereinafter. - 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 repre- sentation of employees of Grand Rapids Cabinet Company, Grand Rapids, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, in- cluding, stockroom, employees, but excluding superintendents, foremen, employees in- the engineering department, office employees, and truck drivers, constitute a unit appropriate for the purpose 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 Relations Act, and pursuant to Article III, Section 8, 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 purpose of collective bargaining with Grand Rapids Cabinet Company, Grand Rapids, Michigan, an election 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 Seventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regula- tions, among all production and maintenance employees of the Com- pany who were employed during the last pay-roll period in June, in- cluding stockroom employees and employees who did not work during 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 superintendents, foremen, employees in the engineering department, office employees, truck drivers, and employees who have since quit or,been discharged for cause, to determine whether or not they desire to be represented by United Furniture Workers of America, affiliated with the Congress of Industrial"Organizations, for the purposes of collective bargaining. 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