Welch Furniture Co.

National Labor Relations Board - Board Decisions

Feb 19, 1946

65 N.L.R.B. 1197 (N.L.R.B. 1946)

In the Matter Of WELCH FURNITURE COMPANY and UNITED FURNITURE
WORKERS OF AMERICA , LOCAL #291, CIO
Case No. 5-B-21541.-Decided February 19, 1946
Mr. Rupert T. Pickens , of High Point, N. C., and Mr. Kenneth M.
Brim, of Greensboro , N. C., for the Company.
Mr. Bernard Hiatt , of Martinsville , Va., for the CIO.
Mr. W. Reid Stewart , of Winston-Salem, N . C., for the AFL.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Furniture Workers of America,
Local #291, CIO, herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Welch Furniture Company, High Point, North Carolina,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before George L.
lVeasler, Trial Examiner. The hearing was held at High, Point,
North Carolina, on November 14, 1945. The Company, the C. I. 0.,
and United Brotherhood of Carpenters R Joiners of America, AFL,
herein called the A. F. L., 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
Welch Furniture Company is a North Carolina corporation, with its
principal place of business at High Point, North Carolina, where it is
engaged in the manufacture of bedroom furniture. During 1944, the
Company purchased raw materials valued in excess of $100,000, ap-
65 N L . R. B., No. 204. 1197
1198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
proximately 45 percent of which was shipped to it from points outside
the State of North, Carolina. During the same period, the Company
produced goods valued in excess of $200,000, approximately 48 percent
of which 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.
H. THE ORGANIZATIONS INVOLVED
United Furniture Workers of America, Local #291, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
United Brotherhood of Carpenters & Joiners of America, affiliated
with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the C. I. O. as the exclusive
collective bargaining representative of its employees until it has been
certified by the Board in an appropriate unit.
The statement of a Board agent, introduced into evidence at the.
hearing, indicates that the C. I. O. 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 Act.
IV. THE APPROPRIATE UNIT
The C. I. O. urges that all production and maintenance employees
of the Company, including firemen, watchmen, and truck drivers,
but excluding all office clerical employees and all other supervisory
employees, constitute a unit appropriate for the purposes of collective
bargaining. The A. F. L. agrees. The only controversy with respect
to the unit concerns the firemen, watchmen, and truck drivers, whom
the Company would exclude.
The Company employs two watchmen who are not armed, do not
wear uniforms, are not deputized nor militarized. They are hourly-
paid employees and do regular watchmen's duties and also assist in
firing the boilers. In accordance with our usual policy, we shall in-
clude them in the appropriate unit.2
I The Field Examiner reported that the C. I. O. submitted 61 application- for-membership
cards The A F L submitted 19 application-for-membership cards.
There are approximately 99 employees in the appropriate unit.
Champion Sheet Metal Company, Inc., 61 N. L. R. B. 511 ; Matter of Edgewater Steel
Company, 56 N. L. R. B. 1778. -
WELCH FURNITURE COMPANY 1 1199
The Company employs one fireman whose duties consist in looking
after the boilers, keeping up fire and steam, and doing some mainte-
nance work. In accordance with our usual practice, we shall include
the fireman in the appropriate unit.
The Company employs one truck driver who hauls furniture and
other materials in and around the plant. In view of the disagreement
between the parties, we shall exclude the truck driver.'
We find that all production and maintenance employees, including
watchmen and firemen, but excluding truck drivers, office clerical em-
ployees, and all other supervisory employees with the 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 mean-
ing of Section 9 (b) of the Act.
V. THE 1ETEiIM1NATION OF REPRESENTATlvES
We find that the question concerning representation which has arisen
can best be resolved by means of an election by secret ballot. The Com-
pany contends that maily 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 Pennsyl-
van'ia Pipe Lines 4 Accordingly, we shall provide for the mail ballot-
ing of employees in the armed forces who fall within the appropriate
unit, subject to the conditions hereinafter mentioned.
We shall direct that the question concerning representation be re-
solved by an election by secret ballot among employees in the -al5pl ci=
priate,unit who were employed during the pay-roll period immediately
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 appropriate 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 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.°
3 See Matter of Sam Boorstcin f harry Boorstein, 0 adong as Blue Ribbon Launch i, 64
N L R B 645, and cases cited therein.
'64 N L R B 1384 There are approximately 46 employees either in the armed seiv-
ices or in the process of being discharged
6 A free interchange between the interested parties of information on the add] esses and
work categories of the employees to be voted by mail will be necessary , in order to avoid
679100-46-voi 65--77
1200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Welch Furniture
Company, High Point, 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 vacation
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 rein-
stated prior to the date of the election, to determine whether or not
they desire to be represented by United Furniture Workers of America,
Local #291, CIO, or by United Brotherhood of Carpenters &
Joiners of America, AFL, for the purposes of collective bargaining,
or by neither.
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 simultaneously 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 conferring immunity on the filing party in the event that objec-
tions are later interposed concerning its content . The usual principles will apply.