Thomasville Chair Co.

National Labor Relations Board - Board Decisions

Feb 20, 1946

65 N.L.R.B. 1290 (N.L.R.B. 1946)

In the Matter of TIIOMASVILLE CHAIR COMPANY and UNITED FUR-
NITURE WORKERS OF AMERICA, CIO
Cases Nos. 5-R-1964, 5-R-1983, 5-R-2011, 5-R-2012, and 5-R-2067
through 5-R-2071.-Decided February 20, 1946
Mr. Kenneth M. Brim, of Greensboro, N. C., and Mr. Doak Finch,
of Thomasville, N. C., for the Company.
Mr. Bernard Hiatt, of Martinsville, Va., and Mr. E. L. Sandefur,
of Winston-Salem, N. C., for the Union.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
0
Upon petitions duly filed by United Furniture Workers of America,
CIO, herein called the Union , alleging that questions affecting com-
merce had arisen concerning the representation of employees of Thom-
asville Chair Company, Thomasville , North Carolina , herein called the
Company, the National Labor Relations Board provided for an appro-
priate consolidated hearing upon due notice before George L. Weasler,
Trial Examiner . The hearing was held at Thomasville , North Caro-
lina on November 6 , 1945 . The Company and the Union appeared and
participated .' 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 an opportunity to file briefs with the Board.
Upon the entire record in the case , the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Thomasville Chair Company is a North Carolina corporation with
its main office and principal place of business located in Thomasville,
1 United Brotherhood of Carpenters & Joiners of America, A. F. L., was served with
notice. Its representative appeared and stated that this Union did not desire to partici-
pate in the proceeding.
65 N. L. R. B., No. 218.
1290
THOMASVILLE CHAIR COMPANY 1291
North Carolina, where it operates nine plants and is engaged in the
manufacture and distribution of wooden and upholstered furniture.
During the year 1944, the Company purchased raw materials consist-
ing mainly of lumber, valued in excess of $2,500,000, of which ap-
proximately 85 percent was shipped to it from points outside the State
of North Carolina. During the same period, the value of finished
goods was in excess of $5,000,000, of which approximately 97 percent
was shipped to points outside the State of North Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
collective bargaining representative of any of its employees until the
Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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 Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
of the Company, including firemen, watchmen, truck drivers, and
checkers, but excluding office clerical employees, foremen, and all other
supervisory employees, constitute a unit appropriate for the purposes
of collective bargaining. The only controversy with respect to the
unit concerns watchmen, firemen, and truck drivers.
The Company employs approximately 16 watchmen. The watch-
men fire the boilers and act as firemen in addition to carrying on regu-
lar watchmen's duties. They do not wear uniforms; are not mili-
tarized nor deputized, nor do they carry guns. They are hourly paid
employees responsible to the plant superintendent of the plant in
which, they work. Their rate of pay is comparable with, that of the
The Field Examiner reported that the Union submitted 690 application cards There
are approximately 1500 employees in the appropriate unit
1292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
regular production employees. We shall include these "watchmen-
firemen" in the unit.
The Company employs approximately 12 truck drivers who haul
materials and supplies in and around its plants. In view of the dis-
agreement between the parties, we shall exclude the truck drivers.3
We find that all production and maintenance employees, including
watchmen-firemen, checkers, but excluding clerical employees, truck
drivers, foremen, 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, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b') of the Act .4
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The Company contends that many of its employees are presently
in the armed forces of the United States, and that these employees
should be allowed to vote by mail. We are of the opinion that the
facts in this case do not substantially differ from those in Matter of
South West Pennsylvania Pipe Lines. Accordingly, we shall pro-
vide for the mail balloting of employees in the armed forces 6 who
fall within the appropriate unit, subject to the conditions herein-
after mentioned.
We shall direct that the question concerning representation be
resolved by an election by secret ballot among employees in the ap-
propriate unit who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
The Regional Director shall mail ballots to employees within the ap-
propriate unit on military leave, provided one or more of the parties
hereto, within seven (7) days from the issuance of the Direction Of
Election, files with the Regional Director a list containing the names,
most recent addresses, and work classifications of such employees.
The Regional Director shall open and count the ballots cast by mail
by employees on military leave, provided that such ballots must be
° See Matter of Sam Boorstein & Harry Boorstein , trading as Blue Ribbon Laundry, 64
N L. It. B. 645, and cases cited therein.
4 We have previously found a similar unit appropriate in a prior proceeding involving
one of the plants of this Company . See 37 N. L. R . B. 1017 and 54 N. L. It B. 1071.
° 64 N. L. It. B. 1384.
° There are approximately 582 employees in the armed services . Seventy-two of these
employees have been discharged and 40 have returned to work.
THOMASVILLE CHAIR COMPANY 1293
returned to and received by the Regional Office within thirty (30)
days from the date they were mailed to such employees by the Regional
Director.'
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Thomasville Chair
Company, Thomasville, North Carolina, an election by secret ballot
shall be conducted as early as possible, but not later than forty-five
(45) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Fifth 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 Regula-
tions, 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 vaca-
tion or temporarily laid off, and including employees in the armed
forces of the United States, 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 or
not they desire to be represented by United Furniture Workers of
America, CIO, for the purposes of collective bargaining.
° A free interchange between the interested parties of information on the addresses and
work categories of the employees to be voted by mail will be necessary , in order to avoid
challenges and post-election objections Accordingly, the Board will make available to
all interested parties any information of this nature furnished it by any other party. In
the event that the parties should send the absentee voters information or literature bearing
directly or indirectly on the pending election , copies of all such documents should be simul-
taneously filed with the Regional Office for inspection by or transmittal to the other parties.
However, acceptance or transmittal of such literature by the Board's office is not to be
construed as conferung immunity on the filing party in the event that objections are later
interposed concerning its content The usual principles will apply.