Gluck Bros., Inc.

National Labor Relations Board - Board Decisions

May 31, 1943

49 N.L.R.B. 1428 (N.L.R.B. 1943)

9.
Ill the-Matter of GLUCK BROS., INC., and UNITED FURNITURE WORKERS
:I
OF AMERICA,
Case No. R-5387.-Decided May 31, 1943
Mi. Vernon .4. Samuels, of New York City, for the Company.
31r. Paul R. Christopher, of Knoxville, Tenn., for the Union.
Mr. Ralph Winkler, of counsel to'the Board.
DECISION.
AND
DIRECTION OF ELECTION
STATEMENT OF THE CA SE
. 'Upon an amended petition duly filed by United Furniture Work-
ers of America, G. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Gluck Bros., Inc., Morristown , Tennessee , herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Paul S. Kuelthau,
Trial,Examiner. Said hearing was held at Morristown, Tennessee,
on May 18, 1943. The Company and the Union appeared, partici-
pated, 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.
Upon the entire record in the case, the Board makes,the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Gliick Bros., Inc., operates a plant in Morristown, Tennessee, where
it is engaged in the manufacture , sale , and distribution of furniture.
In an earlier proceeding' the Board found that the Coinpanv's
operations are in interstate commerce within the meaning of the
'Gluck If)otke)c .Inc and United Furji ta,e Workric,of Aweuua. C 1 0. 4.5 N I. R B
1159
49 N. L R . B, No 200.
1428
G'LU CK BROS.. INC. 1429 1
Act, as \t11e Company there conceded, and the Company does not
contest the Board's jurisdiction in the present case.
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, adinitting
to membership employees of- the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 24, 1943, the Union requested the Company to recog-
'nize it as the exclusive bargaining representative of the' Company's
employees at the Middletown plant. The Company refused this
request until the Union is certified by the Board.2
The Company moved to dismiss this proceeding on the ground
that a majority of the employees voted against the Union in,an 'elec-
tion conducted by the Board in December 1942. This previous elec-
tion is no bar to the instant case, however, since the Board has else-
where found -' that the Company interfered with this election,' for
the additional reason that the election did not result in the selection
of a bargaining representative, and in view of the fact that a state-
ment of a Field Examiner of the Board, introduced in evidence at
the hearing, shows that the Union has since obtained additional des-
ignations and now represents a substantial number of the employees
in the unit, hereinafter found to be appropriate.' We therefore deny
the motion. We also deny the Company's motion to dismiss the
proceeding pending disposition of the afore-mentioned unfair labor
practices case against the Company. The case is already decided
and our order issued therein.6
We find that a question affecting commerce has arisen concerning
the representation of the employees of the Company within the
meaning of Section 9 (c) and Section 2' (6) and (7) of the Act.
2 We deny the Company s motion to strike that portion of the petition referring to the
Company 's refusal to recognize the Union
'Gluck Bio s , Lic and United Furniture Woikc i.s of Amei icn . 49 N L R B 724 -
' Matter of Nilson H Lee Company and International Printing Pressmen and Assistants
Union of North America , A F of L, 19 N L R B 750 , 753; Matter of United Carbon
Company . Inc and Oil Workers International Union , Local 236. 7 N L R B 598, 614
5Matter of Chrysler Corporation and International Union , United Automobile , Aircraft f
4gricultural Implement ll'orkei s of,America , affiliated with the C 1. 0 , 37 N L *R B , 877,
879: Matter of Lehigh Portland Cement Company and United Cement. Lucie and Gypsum
Workers, Local 104. affiliated with American Federation of Labor, 38 N L R B 308, 310
The Field Examiner reported that the Union ' presented the desigitations of at least 87 of the
182 employees in the proposed unit whose names appeared on the March 16, 1941 , pay, roll
of the Company
'See footnote 3, supra
1430 ' DECISIONS OF \ ATIO\JAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees, including watchmen, fire-
men, and permanent lumber yard workers, but excluding temporary
yard workers and supervisory, office, and clerical employees, 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
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 our 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 2, as amended,
it is hereby , ' .
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purpose of collective bargaining with Gluck Bros.,
Inc., Morristown, Tennessee, 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
ofthe Regional Director for the Tenth 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 apropriate 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 employes in the armed force's
'of the United States who present themselves in person at the polls,,
but excluding employees who have since quit or been discharged for
cause, to determine, whether or not they desire to be represented by
United Furniture Workers of America, C. I. 0., for the purposes of
1 . 1 ,
. 1 1'collective bargaining.
11