Coleman Furniture Corp.

National Labor Relations Board - Board Decisions

May 5, 1943

49 N.L.R.B. 502 (N.L.R.B. 1943)

In the Matter of COLEMAN FuRNrrutE CoRPoRATIoN and FURNrruxrJ
WORKERS LOCAL UNION #3086, A. F. of L.
Case No. R-5168.-Decided May 5, 19!3
Mr. T. H. Brooks, of Greensboro, N. C., for the Company.
Mr. Joe Boyd,, of High Point, N. C., for Local 3086.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Furniture Workers Local Union X3086,
A. F. of L., herein called Local 3086, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Coleman Furniture Corporation, Pulaski, Virginia, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Anthony E. Molina, Trial
Examiner. Said hearing was held at -Pulaski, Virginia, on April 13,
1943. The Company and Local 3086 appeared at and participated in
the hearing., 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.
Upon the entire record in the case,-the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Coleman Furniture Corporation is a Virginia corporation engaged
in the manufacture of bedroom furniture at Pulaski, Virginia. The
Company uses raw materials valued at $600,000 annually, approx-
Although Furniture Workers Local Union 1862, herein called Local 1862, was served
with notice of hearing, it did not appear.
49 N. L. it. B., No. 69.
502
COLEMAN FURNITURE' CORPORATION 503
imately 70 percent of which is shipped to it from points outside the
State of Virginia, and manufactures finished products valued at about
$850,000' annually, approximately 80 percent of which is shipped to
points outside the State of Virginia. The Company admits that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Furniture Workers Local Union x$3086, chartered by United
Brotherhood of Carpenters and Joiners of America, is a labor organi-
zation affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNINd REPRESENTATION
During the first part of March 1943, Local 3086 requested the Com-
pany to recognize it as the exclusive representative, of the Company's
employees. The 'Company refused this request,on the ground that
it was operating under a contract with Local 1862.
On April 20, 1940, the Company and Local 1862 entered into an
exclusive bargaining contract. The contract provides that it shall
remain in effect until November 30, 1941, and from year to year there-
after unless either party serves notice of a desire to terminate not less
than 30 days prior to any annual expiration date. The Company
contends that said contract is a bar and urges that the petition be
dismissed.
The evidence introduced at the hearing indicates that Local 1862
has not functioned under the terms of the contract, and that it has
paid no per capita tax to the United Brotherhood of Carpenters and
Joiners of America since 1940. Although Local 1862 was served with
notice of hearing it made no appearance at the hearing and exhibited
no interest in this proceeding. On September 12, 1942, the charter of
Local 1862 was returned to its International; and the Company has
received no communication from Local 1862 since November 1942.
It is clear that this case does not involve a contest between rival
labor organizations competing for the right to represent the employees.
Local 1862 is dormant and a substantial number of employees of the
Company now desire to be represented by Local 3086.2 We find,
therefore, that the contract between Local 1862 and the Company
does not constitute it bar to an election. -
' A statement of the Regional Director, introduced into evidence at the hearing, shows
that Local 3086 presented 159 authorization cards bearing apparently genuine signatures
of persons whose names appear on the Company's pay roll of March 28, 1943. There 'are
approximately 333 employees in the unit hereinafter found to be appropriate.
504 DECISIONS '0F NATIONAL, LABOR RELATIONS BOARD %
We- find that t-a question- affecting ,commerce'has arisen concerning
tie :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
-Local 3086 contends that all production and maintenance employees
of the Company, including inspectors, firemen, and- watchmen, but
excluding clerical and supervisory personnel, constitute an appropriate
unit. The only controversy with respect to the unit concerns watch-
men and, firemen. Local 3086 would include such employees in the unit
and the Company would exclude them.
The Company employs nine persons classified by it as watchmen
or firemen. The5watchmen and firemen 'are not armed and do not wear
uniforms. The firemen fire the Company's boilers and act as watch-
men on occasions. The watchmen punch clocks throughout the Com-
pany's premises, for the purpose of fire protection. It appears that
they were covered by the contract between Local 1862 and the Company.
We find that watchmen and firemen should be included in the unit.
We find that all production and maintenance employees of the Com-
pany, including inspectors,, firemen. and watchmen, but excluding
clerical and supervisory personnel, constitute a unit appropriate 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 means of 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, subject to the limitations and additions set forth in
the Direction.
Local 3086 requests that it appear on the ballot as "Furniture
Workers Local Union #3086, A. F. of L., (U. B. C. and J. of America)."
The request is hereby granted.
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 2, as amended, it is hereby
•, DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes'of collective bargaining with Coleman Furniture
COLEMAN FURNITURE CORPORATION 505
Corporation, Pulaski, Virginia, 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 Fifth 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 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 any such 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 any who
have since quit or been discharged for cause, to determine whether or
not they desire to be represented by Furniture Workers Local Union
#3086, A. F. of L., (U. B. C. and J. of America), for the purposes of
collective bargaining.
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