York Feather and Down Co.

National Labor Relations Board - Board Decisions

Aug 24, 1944

57 N.L.R.B. 1588 (N.L.R.B. 1944)

In the Matter of KARL EISNER , LESLIE RONAY, BERTHA EISNER AND
MARIA RONAY, CO-PARTNERS, D/B/A YORK FEATHER AND-DOWN Com-
PANY and BEDDING, CURTAIN AND DRAPERY WORKERS UNION, LOOAL
140, OF THE UNITED FURNITURE WORKERS of AMERICA, C. I. O.
Case No. O-R-4831.Decided August 04, 19,4
Mr. John W. Keating, of New York City, for the Company.
Mr. Harry Weinstock, of New York City, for the C. I. C'.
Messrs. Delson, Levin and Gordon, by Mr. Harold F. Levin, of New
York City, for the A. F. L.
Mr. Paul Bisgyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Bedding, Curtain and
Drapery Workers Union, Local 140, of the United Furniture Workers
of America, C. I. 0., herein called the CIO, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Karl Eisner, Leslie Ronay, Bertha Eisner and Maria Ronay,
co-partners, doing business as York Feather and Down Company, of
Brooklyn, New York, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before James C. Paradise, Trial Examiner. Said hearing was held at
New York City on July 17, 1944. The Company, the CIO, and Home
Decorative Crafts Workers Union, Local 601, of the Upholsterers In-
ternational Union of North America, A. F. of L., herein called the
AFL, appeared and participated. All parties were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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:
57 N. L. R. B., No. 260.
1588
YORK FEATHER AND DOWN COMPANY 1589
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
York Feather and Down Company, a New York partnership, is en-
gaged in the business of processing feathers and down for the United
States Army at its plant in Brooklyn, New York. During the past
year the Company used in its manufacturing processes raw materials
valued in excess of $100,000, of which approximately 331/3 percent
was received from points outside the State of New York. During the
same period the Company manufactured finished products valued in
excess of $500,000, of which approximately 75 percent was shipped
to points outside the State of New York., -
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Bedding, Curtain and Drapery Workers Union, Local 140, affiliated
with, the United Furniture Workers of America, C. I. 0., and Home
Decorative Crafts- Workers Union, Local 601, affiliated with the
Upholsterers International Union of North America, A. F. of L., are
labor organizations admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about May 29, 1944, the CIO requested the Company to bar-
gain with it as the representative of its employees. The Company
refused asserting that it had entered into a contract with the AFL on
August 6, 1943, covering practically the same employees. The 1943
contract expires on August 31, 1944, and provides for the automatic
renewal thereof in the absence of 60 days' notice prior to the expiration
date by either party of a desire to change the contract. The record
is not definite as to whether or not the Company or the AFL con-
tends that the contract is a bar to this proceeding. However, since
the CIO's claim to representation was made to the Company prior
to the effective date of the automatic renewal clause, it is clear that
it cannot preclude a present determination of representatives.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
'The Field Examiner reported that the CIO submitted a petition containing 18 appar-
ently genuine original signatures of persons designating it as their collective bargaining
agent ; that the names of 16 persons appearing therein were listed on the Company's pay
roll of June 15, 1944, which contained the names of 21 employees in the appropriate unit ;
and that the petition was dated May 29, 1944.
I
1590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question 'affecting commerce has arisen concerning
the representation - of employees of the Company , within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accordance with the ' agreement of the
parties, that all production employees, including employees in the
shipping department , and maintenance employees and truck drivers
who do production work, but excluding maintenance mechanics who do,
not work on, production , watchmen, office and clerical employees,
foremen and all or any 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.
V. THE DETERMINATION OF REPRESENTATIVES
The CIO requests that the pay-roll period immediately.pi ceding
the hearing be used to determine eligibility to vote in the election.
We find, however, that the reasons urged by the CIO , in support of its
request, are not sufficient to warrant deviating from our usual practice.
Accordingly, we shall direct that the question concerning repre-
sentation 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, I subject to the limitations and additions
set forth in the Direction.
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 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 Karl Eisner, Leslie
Ronay, Bertha Eisner and Marie Ronay, co-partners, doing business
as York Feather and Down Company , of Brooklyn , New York, 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 Second
Region, acting in this matter as agent for the National Labor,Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
YORK FEATHER AND DOWN COMPANY .1-591
Rules and Regulations, among the employees in the unit found appro-
priate 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 the 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 who present them-
selves in person at •the polls, 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 they
desire to be represented by Bedding, Curtain and Drapery Workers
Union, Local 140, affiliated with the United Furniture Workers 'of
America, C.' I. 0., or by Home Decorative Crafts Workers Union,
Local 601, affiliated with the Upholsterers International. Union of
North America, A. F. of L., for the purposes of collective bargaining,
or by neither.
CHAIRMAN MiLms took no -part in the consideration of the above
Decision and Direction of Election.