Ionia Desk Co.

National Labor Relations Board - Board Decisions

Jan 11, 1945

59 N.L.R.B. 1522 (N.L.R.B. 1945)

In the Matter of IONIA DESK COMPANY and LOCAL 420, UNITED
FURNITURE WORKERS OF AMERICA, C. I. O.
Case No. 7-R-1067.-Decided January 11, 1945
Mr. Geer H. Smith, of Ionia, Mich., for the Company.
Mr. Raymond E. Barlow, of Grand Rapids, Mich., for the C. 1. 0.
Mr. Cuyler Coleman, of Grand Rapids, Mich., for the Independent.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 420, United Furniture Workers
of America, C. 1. 0., herein called the C. 1. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Ionia Desk Company, Ionia, Michigan, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Robert J. Wiener, Trial Exam-
iner. Said hearing was held at Ionia, Michigan, on December 5, 1944.
The Company, the C. I. 0., and Furniture Craftsmen of Ionia Desk
Company, Local 19, affiliated with the Michigan Council for Inde-
pendent Unions, herein called the Independent, appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Ionia Desk Company, a Michigan corporation, is engaged in the
manufacture of wooden office furniture at its plant in Ionia, Michigan.
59 N. L. It. B., No. 279.
1522
IONIA DESK COMPANY 1523
During the 6-month period preceding November 2, 1944, the Company
purchased materials valued at $73,819.62, of which amount $13,265.09
worth was shipped to its plant from points outside the State of Michi-
gan. During the same period, the Company shipped products valued
at $120,346, of which amount $88,901 worth was shipped to points
outside the State.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Local 420,. United Furniture Workers of America, affiliated with
the Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
Furniture Craftsmen of Ionia Desk Company, Local 19, affiliated
with the Michigan Council for Independent Unions, is a labor organ-
ization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION'
After winning a consent election conducted by the Board, the Inde-
pendent entered into a 1-year collective bargaining contract with the
Company which became effective on March 29, 1943. From the ex-
piration date of this contract in March 1944, the Company continued
to bargain with the Independent until September 11, 1944, when the
parties entered into a new contract, which the Independent claims to
be a bar to this proceeding. The C. I. O. filed its petition herein on
October 2, 1944.
Since it appears from the terms of the present contract 1 that it is,
in effect, terminable at will,' we find that the contract is no bar to a
present determination of representatives for the purposes. of collective
bargaining.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found appropriate.3
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.
1 "Term of Agreement : Section Z The term of this agreement is for the period our Govern-
ment is at war. It can be reopened anytime after a thirty day notice has been presented
one party by the other party. Any change in the body of this agreement , after having
been agreed on, will then become a part of the agreement , or if no changes are made the
agreement is to then continue on and in no way effect (sic.) the expiration dates as agreed."
2 See Matter of Goodyear Tire & Rubber Company , 55 N. L. R. B. 91S ; Matter of Al-
legheny Ludlum Steel Corporation, 40 N. L. R. B. 1285.
1 The Board agent reported that the C. I. O. submitted 36 authorization cards and that
the names of all persons appearing on the cards were listed on the Company 's pay roll of
November 2, 1944, which contained the names of 73 employees in the appropriate unit.
The Independent relies on its contract for its interest in this proceeding.
1524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the parties,
that all production and maintenance employees of the Company, ex-
cluding office and clerical employees and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action, 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 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 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ionia Desk Com-
pany, Ionia, Michigan, 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 Seventh 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 dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work during the 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 pre-
sent themselves in person at the polls, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether they desire to be represented by Local 420, United Furniture
Workers of America, C. I. 0., or by Furniture Craftsmen of Ionia Desk
Company, Local 19, affiliated with the Michigan Council for Independ-
ent Unions, for the purposes of collective bargaining, or by neither
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.