Display Associates

National Labor Relations Board - Board Decisions

May 18, 1943

49 N.L.R.B. 861 (N.L.R.B. 1943)

In the Matter of DISPL \Y ASSOCIATES , A PARTNERSHIP CONSISTING Or
B. L. BENNER AND WILLIAM FLINT and UNITED RETAIL, WHOLE-
SALE & DEPARTMENT STORE EMPLOYEES OF AMERICA , C. 1. O.
Case No. R-5.86.-Decided allay 18.1943.
Hackett and Lynch, by dlr. Edwin J. Lynch,, of Toledo, Ohio, for
the Company.
Mr. Lowell Geerlich, of Toledo, Ohio, for the United.
Mr. E.J. Rieger , of Toledo, Ohio, for the Carpenters.
Mr. Louis Cokin., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by United Retail,
Wholesale & Department Store Employees of America, C. I. 0.,
herein called the United, alleging that a question affecting commerce
had arisen concerning the representation of employees of Display
Associates, a partnership consisting of B. L. Benner and William
Flint, Toledo, Ohio, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due
notice before Louis Plost, Trial Examiner. Said hearing was held
at Toleda, Ohio, on May 5, 1943. At the' commencement of the hear-
ing the Trial Examiner granted a motion of Local 1359 , Maumee
Valley District Council, United Brotherhood of Carpenters and Join-
ers of America, A. F. of L., herein called the Carpenters, to intervene.
The Company, the United, and the Carpenters appeared at and par-
ticipated in the hearing, and all parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to in-
troduce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
49 N. L.-R. B., No 121.
861
862' DEC'ISICNS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Display Associates is a partnership consisting of B. L: Benner
and Williafin Flint engaged in the manufacture of wooden export
boxes at Toledo, Ohio. During 1942, the Company purchased raw
materials valued at about $50,000, 90 percent of which was shipped to
it from points outside the State of Ohio. During the same period
the Company sold finished products valued-at about $75,000, approxi-
mately 7 percent of which was shipped to points outside the State of,
,Ohio. The Company admits that it is engaged in commerce within
the meaning of the National Labor Relations Act.
It. TILE ORGANIZATIONS INVOLVED
United Retail, Wholesale & Department , Store Employees of
America is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to ,membership employees of the Com-
pany.
Local 1359, Maumee Valley District Council, United Brotherhood
of Carpenters and Joiners of America, is a labor organization affili-
ated with the American Federation of Labor, admitting to member-
ship employees of the Company.
III. TIIE QUESTION CONCERN [NG RL'PRESENTATTON
On March 23, 1943, the United, claiming to represent a majority
of the Company's employees, requested the Company to recognize it,
as the exclusive bargaining representative of such employees. The
Company refused this request on the ground that it was operating
under a contract with the Carpenters.
On May 1, 1939, the Company and the Carpenters entered into an
exclusive bargaining contract which expired by its terms on May 1,
1940. - The Carpenters aiid the Company have had annual contracts
since May 1, 1939, the last of which expired by its terms on May 1
1943. Inasmuch as the last contract between the Carpenters and the-
Company has expired, it is apparent that it does not constitute a bar
to a present determination of representatives.
'A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the United represents a substantial
number of employees in the unit hereinafter found to be appropriate.
'The Field Examiner reported that the United presented -11 application cards bearing
apparently gentune sign>ilures of persons whose naives api.esred on the Compant's pay
roll of April 14, 1943 There are-approximutely 99 employees in the appropriate unit
The Carpenteis relies upon its contract with the Company as evidence of its iepiesenta-
tion.
DISPLAY ASSOCIATE'S , 863
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (b) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
employees- at the Toledo, Ohio, plant of the Company, excluding
supervisory and clerical employees, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
V. THE DETERM11NA7ION OF REPRESENTATIVES
We shall dirc;ct that the question concerning representation which
has ariseft 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.
DIRECTION OF ELECTION
By virtue of and pursuant to,tlie 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 x-ith Display, Asso-
ciates, a partnership consisting of B. L. Benner and Willian Flint,
Toledo, Ohio, an election by secret ballet shall be conducted as early
as possible, but not later than thirty (30) clays from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor for the Eighth 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, aniong,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 includ-
ing•employees Yin 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 they desire
to be represented by United Retail, Wholesale & Department Store
Employees' of America, affiliated' with the Congress of Industrial
Orga.nizations, or by Local 1359, DZaumee Valley District Council,
United Brotherhood of Carpenters and Joiners of America, affiliated
with the American Federation of Labor, for the purposes of collective
baargaining, or by neither.