Home Building Corp.

National Labor Relations Board - Board Decisions

Jun 30, 1944

56 N.L.R.B. 1892 (N.L.R.B. 1944)

In the Matter of HdrE BUILDING COEPORATION and UNITED BROTHER-
HOOD OF CARPENTERS & JOINERS OF AMERICA , DISTRICT COUNCIL OF
KANSAS CITY AND VICINITY, AFFILIATED WITH THE A. F. OF L.
Case No.17-R-866.-Decided June 30,1914
Mr. Ellison A. Neel, of Kansas City, Mo., for the Company.
Messrs. Clif Langsdale and John J. Manning; of Kansas City, Mo.,
for the A. F. L.
Messrs. Harry C. Clark and Irwin DeShetler, of Kansas City, Mo.,
for the C. 1. 0.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Brotherhood of Carpenters
& Joiners of America, District Council of Kansas City and Vicinity,
affiliated with the A. F. of L., herein called the A. F. L., alleging that
a question affecting commerce had arisen concerning, the.,; representa-
tion of employees of Home Building Corporation, Kansas City,
Missouri, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert S. Fousek, Trial Examiner. Said hearing was held at Kansas
City, Missouri, on May 23, 1944. At the commencement of the hearing,
the Trial Examiner granted a motion to intervene filed. by Local
Industrial Union No. 1316, affiliated with the Congress of Industrial
Organizations, herein called the C. I. O. The Company, the A. F. L.,
and the C. I. O. appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing onthe 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:
56 N. L . R. B., No. 331.
1892
HOTIE BUILDING CORPORATION 1893
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Home,.Building1,Corporation, a Missouri corporation, is engaged,
in manufacturing linen lockers and ice refrigerators at Kansas City,
Missouri , its principal place of business. During the fiscal year end-
ing January 1, 1944, the Company' purchased raw materials valued in
excess of $240,000, of which 90 percent was shipped to the plant from
points, outside the State of Missouri. During the same period, the
Company's sales of`finished- products" ekceeded= $600,000, in value,,.of
which 16 percent was shipped to points outside the State of Missouri.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Brotherhood of Carpenters & Joiners of America, District
Council of Kansas City and Vicinity, affiliated with the American
Federation of, Labor,,is a labor; organization • admitting to member-
ship employees-of the Company.
Local Industrial Union No. 1316, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mein-,
bership employees of the Company.
III. THE QUESTION- CONCERNING REPRESENTATION
On April 3, 1944, the AFL notified the Company, by telegram,
that it represented a majority of the employees and requested recog-
nition as the exclusive bargaining representative in the alleged appro-
priateauniti-'.,The Company„'advised the-A.-F. L. that it had a,closed-
shop contract with 'the C. I. O. and that it could not negotiate with
the A. F. L. until such time as the question concerning representation
had been determined by the Board.
On June 17, 1943, the Company and the C. I. O. signed a contract,
retroactively effective as of April 4, 1943. The C. I. O. claims that
this contract is a bar to this proceeding, for the reason that the con-
tract is one of indefinite duration and is, therefore, self-perpetuating.
We have frequently held that a contract covering an indefinite period
which has been in effect for approximately ''year, does not constitute
a bar to a present determination of representatives.' Accordingly we
find that the contract is no bar to the instant proceeding.
A statement of a Board agent, introduced into evidence at the
hearing, indicates :that the A. F. L. represents a substantial number
of employees in tie undhereinafter` found appropriate.'
I Matter of Randolph Corp., 51 N. L. R. B. 1457.
2 The Board agent reported that the A . F. L. submitted 37 authorization cards all of
which bore apparently genuine original signatures ; that the names of 9 persons appearing
1 ,
1894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 in substantial agreement that all production and
maintenance employees of the Company, excluding clerical and super-
visory employees should constitute an appropriate bargaining unit.
The parties also indicate their desire to include working foremen.
The record discloses, however, that the working foremen have author-'
ity effectively to recommend discharges, promotions, and-otherwise
change the status of the employees who are directly under their super-
vision. Accordingly, we shall exclude the working foremen from the
unit. , I
We find that all production aild-maintenance employees of the
Company, excluding clerical employees, working foremen and all
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 ap-
propriate 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 Elec-
tion 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
on the cards were listed on the Company 's pay roll of March 29, 1944 , which contained
the names of 42 employees in the appropriate unit ; that the names of 27 persons
appearing on the cards were listed on the Company 's pay roll of April 5 , 1944 , which con-
tained the names of 60 employees ; and that the cards were dated between April 5 and 10,
1944 , and that 1 card was undated . The C. I. O. relies upon its contract as evidence of
its representation. -
1 The C I. O. requests that the pay -roll period ending March 29, 1944, should be used
In determining the employees eligible to vote . The record reveals no sufficient reason,
however, to warrant a departure from our usual policy with reference to the eligibility
date. - -
,/
HOME BUILDING CORPORATION 1.895
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Home Building
Corporation, Kansas City, Missouri, 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 Seventeenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, 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 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
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether they desire to be represented by United
Brotherhood of Carpenters & Joiners of America, District Council of
Kansas City and Vicinity, affiliated with the American Federation of
Labor, or by Local Industrial Union No. 1316, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective bar-
gaining, or by neither.