American Seating Co.

National Labor Relations Board - Board Decisions

Jun 23, 1943

50 N.L.R.B. 795 (N.L.R.B. 1943)

J
In the Matter of AMERICAN SEATING COMPANY and LOCAL 415 , UNITED
FURNITURE WORKERS OF AMERICA, CIO
Case No. R-5446.-Decided June 23, 1943
Mr. Carl J. Riddering, of Grand Rapids, Mich., for the Company.
Mr. G: 0. Brown, of Grand Rapid, Mich., for the CIO.
Warner, Norcross d Judd, by Mr. Leonard D. Verdier, Jr., of Grand
Rapids, for the Employees Union.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND -
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 415, United Furniture Workers
,of America, CIO, herein called the CIO, alleging that a question af-
fecting commerce had arisen concerning the representation of employ-
ees of American Seating Company, Grand Rapids, Michigan, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Harold A. Crane-
field, Trial Examiner. Said hearing was held at Grand Rapids,
Michigan, on May'26, 1943. The Company, the CIO, and Employees
Union of American -Seating Company, herein called the Employees
Union, appeared, participated, and 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 opportunity to file briefs with the Board; the
CIO and the Employees Union have submitted briefs which the Board
has considered.
Upon the entire` record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Seating Company is a New Jersey corporation with its
principal plant and offices in Grand Rapids, Michigan. The Company
is now engaged in the manufacture of wood and plywood airplane parts
b0 N. L. R. B., No. 110.
795
796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and uses annually raw materials of the approximate value of $7,000,-
000, of which approximately 70 percent is received at the Grand Rapids
plant from points outside Michigan. The annual production of they
Company has a value of approximately $14,000,000, of which approxi-
mately 90 percent is shipped from Grand Rapids to points outside
Michigan. The Company concedes that it is engaged in commerce,
within the meaning of the National Labor Relations Act.
i
II. THE ORGANIZATIONS INVOLVED
Local 415, United Furniture Workers of America, is a labor organ-
ization affiliated with the Congress of Industrial Organizations,
admitting to membei'sliip employees of the Company.
Employees Union of American Seating Company is an unaffiliated
labor organization, admitting to membership employees of the
Company. -
III. THE QUESTION CONCERNING REPRESENTATION
About April 1, 1943, the CIO orally requested recognition of the
Company as exclusive bargaining -representative of the employees in
the claimed unit. The Company, refuses; to extend such recognition
unless and until the 'CIO is certified as such representative` by the
Board. ' - ;
On may 15, 1941,-the Company'and'the Employees Union entered
into a collective bargaining contract which expired 'on May 15, 1943-
covering the employees ' iii ' the claimed unit., 'The contract has KU
been'renewed, brit' a supplemental agreement has been entered into by
the Company and the Employees Union which will `expire on July
15, 1943. Neither the Company nor 'the Employees Unioh contends
that `tbe original `contract 'or the supplemental agreement is a bar to
a: present investigation to determine representatives.
A stateiiment of the Regional Director, introduced into evidence at
the hearing; indicates 'that' the CIO :represents a substantial number
of'persons in the unit hereinafter found appiopriate.r
, We find that a 'question affecting' commerce has a'risen 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 in agreement in respect to the unit except for a dis-
pute concerning inspectors. The Company and the Employees Union
The Regional Director stated that the CIO submitted 765 cards all bearing apparently
genuine, "original signatu es" Five` hundi ed eighty-eight cards bore the navies of persons
whose-,, names appear^on the Company:s pay roll of April 18,11943.' Four hundied thirty-
nine caids were dated in 1943; 97 were dated in 1942 ; 1 was dated in 1941, and 51 it ere
undated. The pay roll contains the names of 1,639 employees within the 'appropriate. unit.
The Employees Union relies upon its contract to establish its interest.
AMERICAN ' SEAT 'ING COMPANY 7.97
would continue the inclusion of these employees in the bargaining
unit; the CIO would exclude them. Approximately 15 inspectors
are employed . They are hourly paid and work throughout the plant
inspecting and examining products during the course of manufacture.
The nature and extent of their authority , is unclear from the record.
The testimony offered by the Company in respectAo the status of -in-
spectors is somewhat cryptic, and there is a conflict in the 'testimony
regarding the procedure of an inspector when he finds work to be in-
acceptable . The CIO asserts, and the Company denies, that such
work is returned to the employee involved by the inspector and that
the employee is not paid for the time used , in making the correction.
We need not resolve this conflict, for it is clear that by the very nature
of their work , inspectors are set apart from the production employees
generally, and may appropriately be excluded from a unit of such
employees on grounds of diverse interests and function . In consid-
eration of these circumstances and the desire of one of the unions in-
volved, we shall exclude the inspectors from the unit.
Accordingly, we find that the employees of the Company regularly
paid from the Grand Rapids pay roll on an hourly or incentive basis,
excluding executives, supervisory employees, inspectors, foremen, as-
sistant foremen, office employees , clerical employees , plant-protection
employees , timekeepers , rate-setters , and employees qualified as
instructors by the Vocational Education Department of Michigan,
or by the Within Training Pr•ograin of the War Manpower Commis-
sion and working as full-time instructors, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 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 employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of our Direction of Election subject
to the limitations and additions set forth therein.
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 Rela-
tions Board Rules and Regulations--Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Seat-
ing Company, Grand'Rapids, Michigan, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
11
-I
,798,
I
DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
days from the date of this Direction, under the direction and super-
vision 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 10, of said Rules and Regulations, among all
employees of the Company within 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 such 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 per-
son at the polls, but excluding those who have since quit or been dis-
charged for cause,. to 'determine whether they desire to be represented'
by Local 415, United Furniture Workers of America; CIO, or by
Employees Union of American Seating Company, unaffiliated, for the
purposes of collective bargaining, or by neither.
CHAIRMAN Mirms took no part in the consideration of the above
Decision and Direction of Election.
i