Angel Novelty Co.

In the Matter of ANGEL NOVELTY COMPANY and UPHOLSTERERS' IN- TERNATIONAL UNION OF NORTH AMERICA, (A. F. L.) Case No. R-4.931.Decided March 11, 1943 Jurisdiction : wood products manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition because of contract with rival union; rival union's contention that petitioner had not shown a sufficient interest to support the petition, because of a change of circumstances since the Regional Director's report, found without merit; contract renewable for yearly terms subject to defeasance upon thirty days' notice, held no bar, when it was about to expire and petition was filed more than thirty days prior to the expiration date ; election necessary. Unit Appropriate for Collective Bargaining : all employees of the Company with specified exclusions; stipulation as to. Mr. Alphonse,M. Angel and Mr. C. F. Saunders, both of Fitch- •burig,. Mass:, for the= Company. Mr. Ben Shouse and Mr. Richard O'Brien, both of Fitchburg, Mass., for the A. F. of L. .Grant d Angoff, by Mr. Frederick Cohen, of Boston, Mass., and Mr. Thomas Binnall, of Gardner, Mass., for the C. I. O. Mr. A. Swrnner Lawrence, of counsel to the Board. DECISION AND DIRECTION. OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by Upholsterers' Interna- tional Union of North America, A. F. of L., herein called the A. F. of L., alleging that a question affecting commerce had arisen con- cerning the, representation of employees of Angel Novelty Com- pany, Fitchburg, Massachusetts, herein called the Company, the National -Labor Relations Board provided for an appropriate hear- ing upon due notice before .Thomas H. Ramsey, Trial Examiner. Said hearing,was held at Fitchburg, Massachusetts, on February 24, 1943. The Company, the A. F. of L., and United Furniture Work- ers, of America, Local 154, (CIO), herein called the C. I. 0., ap- 48 N L. R. B, No. 4. 1 15 16 DECISIONS OF INATIONAL LABOR RELATIONS BOARD peared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. 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 : FINDINGS OF FACT ' I. THE BUSINESS OF THE COMPANY Angel Novelty Company, a, Massachusetts corporation, has its principal office and place of business in Fitchburgh, Massachusetts, where it is engaged in the manufacture of interior woodwork. The Company purchases annually for use at its Fitchburg plant raw ma- terial in the form of pine lumber valued at approximately $200;000, all of which is shipped to its Fitchburg plant from points outside the Commonwealth of Massachusetts. The Company produces an- nually at its Fitchburg plant" finished products of the, approximate value of $700,000; of which about 50 percent is shipped from -the- plant- to points outside the Commonwealth of Massachusetts. II. THE ORGANIZATIONS INVOLVED Upholsterers' International -Union of North America is a labor- organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. United Furniture Workers of America, Local 154, is a labor organi- zation, affiliated, with the Congress of Industrial Organizations,. admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about January 12, 1943, the A. F. of L. requested recogni- tion from the Company as exclusive bargaining agent for the Com- pany's employees. The Company declined the request for recogni tion upon the ground that it had a collective bargaining contract with the C. I. O. The contract, which was introduced in evidence at the hearing, is an exclusive bargaining' agreement dated March 17, 1942, covering the employees here concerned and effective until March 17, 1943, and from year to year • thereafter unless either party gives "notice- of'a proposed termination or,'alteration 30 days before the, expira= tion date or before February 17 of any subsequent year. Since the contract is about to expire and the A. F. of L. filed its original ANGEL NOVELTY COMPANY 17 petition more than,30 clays prior to the expiration-date, the contract does not constitute a bar to an election.' A. statement of the Regional Director, introduced' into evidence at the Bearing, indicates that the A. F. of L. represents a substan- tial number of 'employees in the unit hereinafter found appropriate.2 We 'nd 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 We find, in accordance with a stipulation of the parties, that all employees of the Company at its Fitchburg, Massachusetts, plant, excluding office help, executives, foremen, working foremen, firemen, truck drivers, and shipping clerks,. constitute a unit appropriate for the purposes of,collective bargaining within the meaning of Section 9 .(b) of the Act.3 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. i See Matter of Aiiway-Electiic Appliance Corporation and International Union, United Automobile, Aricraft d Agricultural Implement Workers of America, Local 12, (CIO), 41 N L R B 1239, Matter of McKesson & Robbins, Inc, Faller-Morrison Division and Ware- house and Distribution TVorkeis Union, Local 20S, I L W. U (CIO) and Miscellaneous lVaiehouseinen's Union Local #781, I B T of A (A. F. L ), 42 N L It B 1297 'The Regional Director repotted that the A F of L had submitted to hun 71 signed authorization 'cards, of which '60 were dated January 1943, 4 dated December 1942, 1 dated November (year unspecified), and 6 undated, that 57 of the cards appeared to bear the genuine, oiigmal signatures of persons whose names are on the Company's pay roll of January 20, 1943, containing 79 navies in the appropriate unit. The C. I 0 contends that the addition of 28 new employees and the loss of 10 to 15 old employees has so changed the situation since the report ot'the Regional Director that the A F of L has not shown a sufficient interest to support the petition filed herein. We find no merit in this contention. As we have stated on numerous occasions, the Board does not require that a petitioning union seeking an election submit evidence of majority representation among employees in an appropriate unit, but that it show a substantial representation to raise the possibility that a bargaining representative may be selected in an election and that therefore an election directed by the Board would not be a vain procedure See Matter of Otlahora Gas d Electric Company and International Brother- hoor' of Electrical Workers of Oklahoma City, Local B-11J11, 42 N. L. R. B. 750 ; Matter of A Y. Sislon and Garrison Siskin, doing business as R II Siikrai &-Sons and Steel'•Workers Organising Committee (CIO), 41 N. L. R B. 187, and cases cited therein. The C. I. O. did not present any evidence of membership but relied upon its contract with the Company as evidence of its interest in the proceeding 9 This is substantially the same unit covered by the C. 1 O. contract referred to above. 18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD' .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 Natior;al,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 Angel Nov- elty Company, Fitchburg , Massachusetts, 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 super- vision 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 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 tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding employees who have since quit or been discharged for cause, to determine whether they desire- to be represented by Upholsterers' International Union of North America, A. F. of L., or by United Furniture Workers of America, Local 154, (CIO ), for the purposes of collective bargaining, or by neither.