American Furniture Co.

National Labor Relations Board - Board Decisions

Jun 15, 1944

56 N.L.R.B. 1420 (N.L.R.B. 1944)

In- the Matter of AMERI(,AN FURNITURE COMPANY and UNITED FURNI-
TUBE WORKERS OF AMERICA , C. I. O. _
Case No. 9-R-146.-Decided June 15, 1944
Mr. John A. Romuweber , of Batesville , Ind., for the Company.
Mr. Frank D^uthitt , of Bloomington , Ind., for the C. I. O. -
Mr. Hubert E. Wickens , of Greenberg , Ind., for the United
Employees.
Mrs. Catherine W. Goldman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Furniture Workers of Amer-
ica, C. I. 0., herein called the C. I. 0., alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of, American Furniture Company, Batesville, Indiana, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before James A. Shaw, Trial
Examiner. Said hearing was held,at Batesville, Indiana, on June 1,
1944. The Company, the C. I. 0., and United Employees of Rom-
weber Industries, herein called the United Employees,' appeared, and
participated. All'parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
hearing 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
t r
1. THE BUSINESS OF THE COMPANY
American Furniture Company, an Indiana corporation with its
principal office and place of business at Batesville , Indiana, is en-
1 At the hearing the Trial Examiner granted United Employees ' motion to intervene.
56 N. L.R B, No 257.
1420
AMERICAN FURNITURE COMPANY 1421
gaged in the manufacture and distribution through retail and jobber
channels, of bedroom and dining room furniture. Approximately 50
percent of the Company's raw materials, exceeding $209,000 in value
over a 12-month period, is obtained outside the State of Indiana.
Approximately 85 percent of the Company's sales, exceeding $500,000
in value over a 12-month period, is transported to poii is outside the
State of Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Furniture Workers of America', affiliated with the Congi ess
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
United Employees of Romweber Industries is an unaffiliated labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as the
exclusive bargaining representative of its employees because of an"
existing contract with the United Employees.
On July 28, 1939, following a consent election, the Company and
the United Employees entered into a bargaining contract, effective
until June 1, 1940, and automatically renewable in the absence of
termination notice at least 30 days prior to that date. Thereafter
various agreements supplementing the contract were executed, the
latest being executed December 1, 1943. This supplement revised the
wage clauses of the contract and further provided that the contract
should remain in effect until December 1, 1944, unless terminated by
appropriate notice prior to that time.'
The United Employees contends that the contract of July 28, 1939,
as supplemented by the agreement of December 1, 1943, is now in
existence and constitutes a; bar to this proceeding. We are of the
opinion, however, that under the terms of the December 1, 1943, sup-
plement which provides, in effect, that the contract may be terminated
at any time upon 3 weeks' notice, the contract has now become termina-
ble at will. Accordingly, we find that it does not preclude a present
determination of representatives.
2 This provision reads as follows :
Unless three weeks written prior notice is given either by the Company or the Union,
,the contract between the Union and the Company will be in full effect until December
1, 1944
587784-45-vol 56-91-
'1422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A` statement of a Board'agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of em-
ployees in'the unit hereinafter found appropriate 3
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 parties are generally agreed that-the unit should cover all pro-
duction and maintenance employees, including truck drivers and
watchmen,' but excluding clerical employees, foremen, and other sup-
ervisory employees.,' They are in disagreement, however, concerning
the classifications discussed below.
Sample department head. The C. I. O. would exclude, and the Coln-
pany and the United Employees would include, John Greishop. Under
ordinary conditions, this employee spends the majority of his time in
the sample department, of which he is the head. In that department,
he directs the work of two or more men. At the present time, due to
wartime curtailment of operations in the simple department, the
larger portion of his time is devoted to production duties other than
those normally performed by him in the sample department. It ap-
pears, however, that upon resumption of operations in the sample
department, Greishop will again exercise more fully his supervisory
duties as head of that department. We shall exclude the sample
department head from the unit.
DM f tsman-designer. The C. I. O. would also exclude, i nd the Coin-
pany and. the United Employees would include, Albert Moorman, an
employee in the drafting department. His duties include drafting, ar-
ranging details for samples, inspecting samples of finished products
and recommending changes in their details, and changes on drawings.
We are of the opinion that Moorman's functions and interests differ
sufficiently from those of the other production and maintenance em-
ployees to warrant his exclusion; accordingly, we shall exclude him
from the'unit. '
-
We find that all production and maintenance employees, including
truck drivers and watchmen, but excluding clerical employees, the
draftman-designer, the sample department head, foremen, and all
The Field Examiner reported that there are 221 employees in the unit requested ; 'that
the C I 0 submitted'131 authorization cards ; that the names of 126 persons appearing on
the cards were listed on the Company's pay roll of May 1, 1944 ; and that the cards were,
dated as follows : 119 in April 1944, 6 in May 1944, and 1 undated
The United Employees relies upon its contract to establish its interest in the proceeding.
4 The watchmen are neither armed nor uniformed ; their time is about equally divided
between janitorial and plant-protection duties.
6 This unit is substantially the same as that covered by the,contract between the Company
,and the United Employees. •
AMERICAN FURNITURE COMPANY 1423
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning of,
Section 9 (b) of the Act.
• V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate 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."
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Furni-
ture Company, Batesville, Indiana, 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, Ninth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Section 10 and 11, of said Rules and Regulations, among the em-
ployees 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 who present themselves 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 United Furni-
ture Workers of America, affiliated with the Congress of Industrial
Organizations, or by United Employees of Romweber Industries, for
the purposes of collective bargaining, or by neither.
° The C. I. O. requests that eligibility be determined by the pay roll of May 1, 1944 No
sufficient reason appears. however , for departing from our usual practice in this respect. ,