Selig Manufacturing Co., Inc.

I In the Matter of SELIG MANUFACTURING CODIPANY, INC. and UPHOLSTERERS' INTERNATIONAL UNION OF NORTH AMERICA (A. F. of L.) Case No. R-5140.-Decided May 3, 1943 Mr. Samuel H. Wexler, of Leominster, Mass., for the Company. Mr. Joseph, M. Jacobs, of Chicago, Ill., and Mr. Ben Spouse, of Fitchburg, Mass., for the A. F. L. Mr. Frederick Cohen, of Boston, Mass., and Mr. To'm Binnall, of Gardner, Mass., for the C. I. O. Mr. William R. Cameron, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon an amended petition duly filed by the Upholsterers' Inter- national Union of North America (A. F. of L.), herein called the A. F. L., alleging that a question affecting commerce had arisen con- cerning the representation of employees of Selig Manufacturing Com- pany, Inc., Leominster, Massachusetts, herein called the Company, the National Labor'Relations Board provided for an appropriate hear- ing upon due notice before John W. Coddaire, Jr., Trial Examiner. Said hearing was held at Leominster, Massachusetts; on April 9, 1943. The Company, the A. F. L., and Local 154, United Furniture Workers Of America, C. I. 0., herein called the C. I. 0., appeared, partici- pated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trail Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The C. I. O. and the A. F. L. have each filed a brief, which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS 'OF FACT' I. THE BUSINESS OF THE COMPANY,, Selig Manufacturing Company, Inc., a Massachusetts corporation, has its office and plant- at Leominster, Massachusetts; -where it is 49 N. L. R. B., No.52., 397 398 DECIiSIONS OF NATLO'I`TAL LABOR RELATIONS, BOARD engaged to the extent of 30 percent of its production in the manufac- ture of boudoir chairs, its -normal product, and to the extent of 70^ percent of its production 'in defense products of types which it is equipped to manufacture. Its annual purchases of raw materials,, consisting of canvas and other fabrics, some metal, glue and wrap- ping, exceed $250,000 in value, of which approximately 662/3 per- cent is obtained from points outside the Commonwealth of Massa- chusetts. Of the Company's finished products, amounting in annual value to more than $750,000, approximately 90 percent is shipped to places outside the Commonwealth of Massachusetts. The Company employs approximately 200 employees, and expects in a few months to employ approximately 300. The Company concedes that it is, engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED Upholsterer's International Union of North America, affiliated with the American Federation of Labor, is a labor, organization admitting to membership employees'of the Company. Local 154, United Furniture Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION At a meeting of the shop committee of Local 154, held apparently sometime in December 1942, the members submitted oral resignations to representatives of the C. I. O. who were present. Thereafter, apparently in January 1943, the persons who had been members of this committee met with the organizer for the A. F. L. and sought to affiliate with that organization. By letter dated January 15, 1943, the organizer informed the Company that the A. F. L. claimed to represent a majority of the Company's employees and requested recog- nition of the A. F. L. as sole collective bargaining agent. To this the Company replied, by letter dated January 22, 1943, "May we suggest that you take up with the National Labor Relations Board the matter to which you refer in your letter." At the hearing, letters dated February 22, 1943, were also introduced in evidence, in which - the A. F. L. made further demands for a_ conference with the Company, but it is not indicated that any reply to them was ever received. The C. I. 0., as bargaining representative of the employees, on September 9, 1941, entered into a contract with the Company which is effective to June 30, 1943, and contains provisions for automatic 'renewal from year to year4h'ereafter unless written, notice oftermina- tion is given by either party to the other 30 days before the expiration SELIG MANUFACTURING COMPANY, INC. 399 date. This contract also provides for a closed shop. The C. I. 0. contends that this contract is 'a bar to an election at this time to determine bargaining representatives. We ha'e held that the existence of a contract similar to the one now in force between the Company and the C. I. 0. is a bar to a determina- tion of representatives during its initial period or during an extension, if the contract is not of too long duration, where a considerable period of time remains before its expiration date.' Since, however, the con- tract in this case will expire within 2 months, it does not preclude the Board from making an investigation and determining a bargaining representative for the purpose of negotiating a new contract to suc- ceed the contract now in force. A statement of the Regional Director, introduced in evidence at the hearing, indicates that the A. F. L. 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 Act. 1V. THE APPROPRIATE UNIT We find, in accordance with the agreement; and stipulation of the parties, that all production employees, excluding executives, foremen, salesmen and their respective assistants, clerical employees, firemen, watchmen and maintenance men, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the, Act .4 , 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- 3 See Matter of Coney Island, Incorporated and Building Service Employees Inter- national Union, Local No 158-A, 36 N L R B. 53; Matter of American []air & Felt Com- pany and Jute, Hair & Felt Workers Local #163 (United Furniture Workers of America, C 1 0),15N L. R.B 572 2 See Matter of Dain Manufacturing Company and Int'l Union, United Automobile, Aircraft & Agricultural Implement Workers of America, C 1 0., 41 N L R. B. 1056. Matter of United States Rubber Company, Indianapolis Branch, Indianapolis, Indiana and Local No 110 of the United Rubber Workers of 'Ammeisea (C. 1 0.), 41 N L R B 1005 ; Matter of Chrysler Motor Parts Corporation and International Union, United Auto- mobile, Aircraft and Agricultural Implement Workers of America, affiliated with the Con- gress of Industrial Organizations, 38 N L R. B. 1379; Matter of Houde Engineeiing Corporation and International Union, U. A. TV.-C I. 0 , Local 850, 36 N. L It . B. 587. a The Regional Director reported that the A. F. L had submitted 160 authorization cards, of which 147 appeared to bear the genuine original signatures of persons whose names are on the, Company ' s pay roll for the week ending January 28, 1043, containing a total of 252 navies in the unit claimed appropriate . Of the cards submitted , 111 «eie dated in January 1943 and 58 uvd:ited The C. 1 0. relies upon the contract referred to above as establishing its interest. 4 The unit agreed to is substantially the same unit covered by the C. I. 0. contract. 400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 2, as amended, it is hereby DMECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Selig Manufac- turing Company, Inc:, Leominster, Massachusetts, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of t11is Direction, under the direction and supervision of the-Regional. D_rector 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 temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit ,or been discharged for cause, to determine whether they desire to be represented by Upholsterers' International Union of North America, affiliated with the American Federation of Labor, or by Local 154, United Furniture Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither.