Superior Sleep-Rite Corp.

In the Matter Of SUPERIOR SLEEP-RITE CORPORATION and UNITED OFFICE AND PROFESSIONAL WORKERS OF AMERICA, LOCAL 24, C.I.O. Case No. R-3529.-Decided March 9, 194,2 Jurisdiction : furniture manufacturing industry. Investigation and Certification of Representatives : existence of question: refusal of company to accord union recognition until certified by the Board; establish- ment of union's claim to representation established by Regional Director's report concerning same; election necessary. Unit Appropriate for''Collective Bargaining : all office and clerical employees excluding supervisory employees, executives, production and maintenance employees, and seven named employees. Fischel, Kahn c(; Heart, by Mr. Louis L. Kahn of Chicago, Ill., for the Company. Meyers cf^ Meyers, by Mr. Irving Meyers of Chicago, Ill., for the Union. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 9, 1941, United Office and Professional Workers of America, Local 24, C. I. 0.,1 herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Superior Sleep-Rite Corporation, Chicago, Illinois, herein called the Company, and re- questing an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 23, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an I A motion was made during the hearing by counsel for the Union to amend the name of the Union from United Office and Professional Workers of America, C. I. O. to the name set out above. The Company objected to the granting of the motion The Trial Examiner reserved ruling thereon The motion is hereby granted. 39 N. L. R. B., No. 110. 606 SUPERIOR' SLEEP-RITE CORPORATION 607 investigation and authorized the Regional Director to conduct it and to provide for'an appropriate hearing upon due notice. On January 26, 1942, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to'notice, a hearing was held on February 4, 5, and 7, 1942, at Chicago, Illinois, before Robert`T. Drake, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the Union appeared by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made various rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings' of the Trial Examiner and finds that no-prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Superior Sleep-Rite Corporation is an Illinois corporation with its principal offices and place of business ink Chicago, - Illinois. It is engaged in the State of Illinois in the manufacture and sale of metal beds, metal bedroom furniture, metal dinette tables and chairs, mattresses, sofa beds, and upholstered chairs. During the year 1941 the Company purchased raw materials consisting of steel, lumber, cotton goods, linters, tickings, paints, leatherette, chrome, corrugated papers, twine and incidental supplies and accessories valued at more than $500,000, approximately 85 percent of which were shipped to it from points outside the State of Illinois. During the same period the Company manufactured finished products valued at more than $1,000,000, approximately 75 percent of which were sold and shipped by it to points outside the State of Illinois. II. THE ORGANIZATION INVOLVED United Office and Professional Workers of America, Local 24, is a_ labor organization affiliated with the Congress of Industrial Organiza- tions. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about December 5, 1941, the Union requested the Company to recognize it as the exclusive collective bargaining agent for its office and clerical employees excluding supervisory employees, execu- tives, and production and maintenance employees. The Company refused the request on the ground that it questioned the Union's 448105-42-vol. 39-40 608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD majority and would not recognize the Union until it was certified by the Board. A statement by the Regional Director introduced at the hearing shows that the Union represents a substantial number of employees in the unit alleged by it to be appropriate.2 We find that a question has arisen concerning the representation of employees of the company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON, COMMERCE We find that a question concerning representation which has arisen occurring in connection with the operations of the Company described in Section I, above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties agree that all office and clerical employees of the Company 3 excluding supervisory employees, executives, and pro- duction and maintenance employees constitute an appropriate unit.4 The parties failed to agree as to whether 10 named employees are. within the categories agreed upon as comprising the unit: James A. Mowen, Chester E. Norstrom, Robert Connell, Sol Fine, Theresa Thielson, Betty Wagner, Morris Fishman, J. A. Niederman, Sophie Siskus, and Walter Goldsmith. The Union would exclude all the above-named employees except Betty Wagner, Theresa Thielson, and Sophie Siskus, whom it desires to include in the unit. The record does not disclose any specific position taken by the Company in regard to these 10 employees. 2 The Regional Director reported that the Union presented 22 application -for-membership cards all dated December 10, 1941. Of the 22 cards submitted 21 bear the apparently genuine signatures of persons who appear on the Company's pay roll of January 10 , 1942 There are approximately 34 employees in the alleged unit. Counsel for the Company argued that the Union had failed to submit any testimony beyond the Regional Director's statement, which had no probative value. He contended that when he sought to interrogate the Union's witness as to names of employees of the Company who might belong to the Union, an objection was made by counsel for the Union, and sustained by the Trial Examiner We have here- tofore affirmed the rulings of the Trial Examiner and we find that the Company's contention is without merit. As we have frequently stated. the report of the Regional Director with respect to a claim of author- ization for the purposes of representation is taken, not as proof of the precise number of employees who desire to be represented by a labor organization, but rather to protect the Company and the Board from unfounded claims by such organizations and to give reasonable assurance that a substantial number of employees desire to be so represented . See Matter of Interlake bon Corporation and' Local Union 1657, Steel Workers Organizing Committee , C I 0 , 38 N L. R. B 139 3 The record discloses that the Union desires only office and clerical employees employed by the Company ,at 2219 South Halsted Street 4 The parties stipulated that the following employees be included in the alleged unit Carmine Giali, Patricia Fletcher, Emma Wilbat, Emily Valenti, Evelyn Lietzow, Dorothy Krupp, Helen Macher, Laura Momjian, Lydia Passel, Lillian Salaszynski , Teresa Baczurik , Marie Christensen, Ruth Larsen, Corinne Schnitzer, Helen Nelson, Virginia Rodighiew, Marie Rose, Evelyn Rosenstein, Margaret Sheehy, Elinor Szymanski, Mildred Sperling, Grace Sgenllaci, Sadie Caste, Florence Levinson , and Bette Kaffel The parties also stipulated that Dora L. Dichter and Betty Walen be excluded from the alleged unit. 'SUPERIOR SLEEP-RITE CORPORATION 609 The Company's, building at 2219 South Halsted Street contains seven floors. All office employees of the Company work on the main floor of this building. The record indicates that the employees whom the parties have agreed to include in the unit are engaged in typing, filing, bookkeeping, stenography, operating a switchboard, operating comptometer machines, taking telephone orders, writing up orders and bills of lading, and billing customers. Carmina Giali is the 'office boy. They are all paid on a weekly basis, ranging from $17 per week to $25 per week, with time and a half for overtime. However, if any of these employees are absent from work, the amount deducted from their pay is computed on an hourly basis. Betty Wagner and Sophie Siskus: During the hearing the parties stipulated that Betty Wagner is a stenographer:typist, whose duties consist of stenography, typing, and filing incidental thereto. Her salary is $19 per week and the conditions in regard to overtime-and absence from work apply to her. Sophie Siskus is also a stenographer- typist, whose duties consist of stenography, typing, follow-up work in connection with her stenographic work, and a little bookkeeping. Her salary is $24 per week and she is paid for overtime and when absent from work, the amount deducted from her pay is computed on an hourly basis. Theresa Thielson is a comptometer operator in the pay-roll department, whose duties consist of figuring the office pay roll, writing checks on the "peg board," preparing journal vouchers for, the pay roll, -lining up Social Security cards with the sheet on the addresso- graph so that they can be typed, and running a comptometer machine. Her salary is $25 per week and the same conditions concerning over- time and absence from work apply to her. There are six girls, five of whom-are included in the unit by stipulation, in the pay-roll depart- ment and they all run comptometer machines and do work similar to Thielson. We find that Theresa Thielson, Betty Wagner, and Sophie,Siskus perform the same kind of work as the other employees agreed upon by the parties to be included in the alleged unit. We will therefore include them in the unit. With respect to the remaining 7 employees,, the Union stated that they are not eligible to, and had not been solicited for, membership in the Union. The record discloses the following facts regarding their duties: Chester E. Norstrom is the cost accountant and handles con- tracts for bids. He does no typing and no stenographic work. He is paid semi-monthly and his salary is $200 per month. He is not paid for overtime. Robert Connell interviews and hires employees for the factory. He does no work similar to that of the girls in,the pay-roll department. His salary is $25 per week and he is paid for overtime. Sol Fine is the "personnel manager" in charge of the pay-roll depart- i 610 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD ment personnel. On January 12, 1942, the comptroller and office manager informed the pay-roll department that Fine was their superior. He instructs the girls in the pay-roll department and makes decisions. He is paid semi-monthly and'his salary is $175 a month. He is not paid for overtime. Morris Fishman is purchasing agent. He buys,all materials for the dinettes, springs, and cots manufactured and all the plant aid. He does no clerical work. He is paid semi- monthly and his salary is $175 per month. He supervises the girl in his office. J. A. Niederman is traffic manager. He handles all the cars that come into the factory to be loaded and shipped out, and makes sure that they leave the factory' on time. He does no clerical work, and he is in the factory most of the day except for about an hour when lie is in the office. He uses the services of the girls in the office. He does not report to Robb, who is the office manager, but reports di- rectly to Wallen, the president. He is paid semi-monthly and his salary is $185 per month. He is not paid for overtime. Walter Gold- smith is the mattress-office department superintendent and pur- chasing agent. He is in charge of seeing that the orders for mattresses are put through. He buys all the material for mattresses, cotton, felt, and kapok. ^ He does no clerical work and the girls in that depart- ment report to him for work. Goldsmith reports directly to Wallen, the president. He is paid semi-monthly and his salary is approxi- mately $200 per month. He is not paid for overtime. We find that the work of Chester E. Norstrom, Robert Connell, Sol Fine, Morris Fishman, J. A. Niederman, and Walter Goldsmith is clearly distinguishable from that of the routine office and clerical employees. For this reason and because the Union does not admit them to membership, we shall exclude these employees from the unit. James Mowen is a receiving clerk and timekeeper, whose salary is $29 per week. He works in the factory at 2303 South Halsted Street, and does no clerical work in the main office of the building at 2219 South Halsted Street. Since Mowen is a "factory" clerk rather than an "office" clerk, and the Union does not include in the unit alleged by it as appropriate "factory" clerks, we shall exclude him from the unit. We find that all office and clerical' employees excluding supervisory employees, executives, and production and maintenance employees constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot among the SUPERIOR SLEEP-RITE CORPORATION 611 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. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Superior Sleep-Rite Corporation , Chicago; Illinois, within the meaning of Section 9 (c) :and ',Section 2 (6) and (7) of the National Labor Relations Act. 2. All office and clerical employees excluding supervisory employees, executives , and production and maintenance employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Rela- tions Act and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Superior Sleep-Rite Corporation , Chicago, Illinois, 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 of Election, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations -Board and subject to Article III , Section 9 , of said Rules and Regulations , among all office and clerical employees of the Company who were employed during the , pay-roll period immedi- ately preceding the date of the Direction of Election including em- ployees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding supervisory employees, executives , and production and maintenance employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Office and Professional Workers of America, Local 24, affiliated with the Con- gress of Industrial Organizations , for the purposes of collective bar- gaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election,