Jasper Office Furniture Co.

In the Matter of JASPER OFFICE FURNITURE Co. and UNrrED FURNITURE WORKERS OF AMERICA , LOCAL 331, C.. I. O. Case No. R-'4374.-Decided November 4, 191 Jurisdiction :,furniture manufacturing industry. Investigation. and Certification of, Representatives :, 'existence of, question • re- fusal to • bargain with petitioner until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance - employees,of plant ; no controversy as to. Mr. Isidor Kahn, of Evansville, Ind., for the,Company. Mr. Fred Ful f o'rd, 'of Jasper, Ind., for the Union. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon petition duly filed, by United Furniture Workers of America, Local 331, affiliated with the C. I. 0., herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Jasper Office Furniture Co., Jasper, In- diana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert D. Malarney, Trial Examiner. Said hearing was held at Jasper, Indiana, on October 13, 1942. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. During the hearing the Company moved for dismissal of the petition on the ground that the Acting Regional Director for the Eleventh Region had no authority to issue a statement' concerning the claims of authorization for purpose of representation made by the Union. The Trial Examiner reserved his ruling. The motion is hereby denied. 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 : 45 N. L. R. B., No. 59. 374 JASPER OFFICE FURNITURE CO. 375 FINDINGS OF FACT 1. THE BUSINESS OF THE'COMPANY Jasper Office Furniture Co., an Indiana Corporation with its principal office and place of business in Dubois County, Indiana, is engaged in the manufacture of office furniture. The Company purchases raw products in excess of $100,000 annually, 75 percent of which is shipped from points without the State of Indiana.' Seventy- five percent of its manufactured products, amounting to $150,000 annually, is shipped to points outside the State of Indiana: II. THE ORGANIZATION INVOLVED United Furniture' Workers of America, Local 331, affiliated- with the Congress of Industrial Organizations, is a. labor organization admitting employees of the Company to membership. III. THE QUESTION CONCERNING REPRESENTATION On September 16, 1942, the Union, claiming to represent a majority of the Company's employees, requested the Company to recognize it as the exclusive representative of its employees. The Company refused to grant such recognition unless and until the Union is certi- ,fied by the Board. A statement of the Acting Regional Director, introduced in evi- dence at the hearing, indicates the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.' 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The Union contends for, and the Company does not oppose, a unit consisting of all production and maintenance employees, exclusive of clerical and supervisory employees. We find that all production and maintenance employees of the Company, exclusive of clerical and supervisory employees, constitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9 (b) of the Act. 1 The Acting Regional Director 's statement shows that the Union submitted 51 member- ship cards, which are dated as follows : 2 in May 1942 ; 3 in June 1942 ; 24 in August 1942; 20 in September 1942; and 2 undated. All the signatures affixed to the said mem- bership cards appear to be genuine original signatures and all bear the names of persons whose names are on the Company's pay roll of September 24, 1942. This pay roll contained the names of 135 employees. 376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 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 purpose of collective bargaining with Jasper Office Fur- niture Co., Jasper, Indiana, an election by secret ballot shall be con- ducted 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 Eleventh 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 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 such 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 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, Local 331, C. I. 0., for the purposes of collective bargaining. CHAIRMAN MILms took no part in the consideration of the above Decision and Direction of Election.