Charlton Co., Inc.

In the Matter of CHARLTON COMPANY , INC. and UPHOLSTERERS INTER- NATIONAL UNION OF NORTH AMERICA Case No. R-4461.-Decided November 26, 1942 Jurisdiction : furniture manufacturing industry. Investigation and Certification of Representatives : existence of question: re-, fusal to bargain with petitioner until certification by the Board ; contract held no bar when consummated and later reduced to writing after rival union gave notice to Company although agreement to enter into such contract to be retroactive to date of. agreement was executed prior to such notice; election necessary. Unit Appropriate for Collective Bargaining : all employees of the Company, with specified exclusions ; stipulation as to. Mr. Bernard A. Riemer, of Boston, Mass., for the Company. Mr. Robert A. Rawlston, and Mr. Ben Shouse, of Leominister, Mass., for the Upholsterers. Grant '& Angoff, by Mr. Sidney Grant, of Boston, Mass., for the United. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Upholsterers International Union of North America, herein called the Upholsterers, alleging that a ques- tion-affecting commerce had arisen concerning the representation of employees of Charlton Company, Inc., Fitchburg, Massachusetts, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Samuel G. Zack; Trial Examiner. Said hearing was held at Fitchburg, Massa- chusetts, on November 2, 1942. At the commencement of the hearing, the Trial Examiner granted a motion of United Furniture Workers of America, Local 154, herein called the United, to intervene. The Company, the Upholsterers, and the United appeared and partici- pated in the hearing, and all parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to intro- duce evidence bearing on the issues. The Trial Examiner's rulings 45 N. L. R. B, No. 114., 772 CHARLTON COMPANY, INC. 773 made at the hearing `are free from prejudicial, error and are hereby affirmed.- On November 9, 1942, the United filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Charlton Company, Inc. is a Massachusetts corporation with its principal place of business at Fitchburg, Massachusetts, where it is engaged in the manufacture, sale, and distribution of upholstered furniture and army'cots. During 1941, the Company purchased raw materials valued at about $125,000.00, approximately 90 percent of which was shipped to it from' outside Massachusetts. During the same period, the Company sold finished products 'valued at about $500,000.00, over 50 percent of which was- =shipped out of Massa- chusetts. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Upholsterers International Union of North America is a labor or- ganization affiliated with the American Federation of Labor, admitting to membership employees of the Company. United Furniture Workers of America, Local 154, is a labor or- ganization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. -THE QUESTION CONCERNING REPRESENTATION On September 17, 1942, the Upholsterers requested the Company to recognize it as the exclusive representative of the Company's em- ployees. The ,Company refused this request. On September 1, 1940, the United-and the Company entered into an exclusive bargaining contract. _ The contract provided that, it should continue in effect until September 1, 1942, and from year to year thereafter 'unless thirty days' notice was given by either party thereto prior to any expiration date. On July 30, 1942, 'the United wrote to the Company 'requesting that specific changes be made in its agreement with the Company. Thereafter several meetings were held between the Company and the United. On September 1, 1942, the Company and the United entered into a stipulation' providing as follows : "... since the union agree- ment has expired on September 1, 1942, Charlton Company, Inc., 774 DECISIONS OF: NATIONAL- LABOR,-RELATIONS BOARD will recognize United Furniture Workers of America, C. I.,0., Local 154, as the sole and exclusive bargaining agency and agrees to nego-, tiate a new contract, with -any changes with regard to wages to be made retroactive to September 1, 1942." As stated above, on Septem- ber 17, 1942, the Upholsterers requested' exclusive recognition. How- ever, negotiations between the Company and the United continued and on September 19, 1942, terms of a contract were agreed upon orally between the United and the Company. The terms as agreed upon were not finally reduced to writing until October 17, 1942. Inasmuch as the United, by its letter of July -30 to the Company, estopped its then existing agreement from being automatically re- newed, and in view of the fact that the Upholsterers presented its claims to the Company prior • to the final agreement between the United and the Company on September 19, 1942, we find that neither the contract nor the instrument of September 1, 1942, between the United and the Company, constitute a bar to a present determination of representatives. - A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Upholsterers and the United each represents a substantial number of employees in the unit hereinafter found to be appropriate., - We find that a question affecting commerce has arisen concern- ing 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 We find, in accordance with a stipulation of the parties, that all employees of the Company, excluding executives, superintendents, foremen,,, assistant, foremen, salesmen,, clerical employees, shippers, truck drivers, and firemen, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act.2 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 ,employees in the appropriate unit who were employed during the .pay-roll period immediately preceding the date. of the Direction i The Regional Director reported that the Upholsterers presented 31 authorizati6n'cards bearing apparently, genuine signatures. of persons whose names appear on the Company's pay roll for the period ending October 3, 1942 , He further reported that the United pre- sented 25 membership application cards bearing apparently genuine signatures of persons whose names appear on that pay roll. There are approximately 45 employees in the unit hereinafter found to be appropriate. 'This is the same unit that is covered -by the contract between the United and -the Company. CHARLTON COMPANY, INC. 775 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 Rela- tions 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 purposes of collective bargaining with Charlton Company, Inc., Fitchburg, Massachusetts, an election by secret bal- lot 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 First, Region, acting 'in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said •Rules and Regula- tions, among the employees in the unit found appropriate in Sec- tion IV, above, who' were employed during- the pay-roll period immediately- preceding the -date of this Direction, including any such employees who did not work during- said 'pay-roll period be- cause they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether they desireto"be represented by Upholsterers International Union of North America, affiliated with the American Federation of Labor, or by United Furniture Workers of America, Local 154, affiliated with the -Congress 'of Industrial Organizations, for, the purposes of collective bargaining, or by, neither. - ;