Coleman Furniture Corp.

In the Matter of COLEMAN FuRNrrutE CoRPoRATIoN and FURNrruxrJ WORKERS LOCAL UNION #3086, A. F. of L. Case No. R-5168.-Decided May 5, 19!3 Mr. T. H. Brooks, of Greensboro, N. C., for the Company. Mr. Joe Boyd,, of High Point, N. C., for Local 3086. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Furniture Workers Local Union X3086, A. F. of L., herein called Local 3086, alleging that a question affecting commerce had arisen concerning the representation of employees of Coleman Furniture Corporation, Pulaski, Virginia, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Anthony E. Molina, Trial Examiner. Said hearing was held at -Pulaski, Virginia, on April 13, 1943. The Company and Local 3086 appeared at and participated in the hearing., All parties 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 Coleman Furniture Corporation is a Virginia corporation engaged in the manufacture of bedroom furniture at Pulaski, Virginia. The Company uses raw materials valued at $600,000 annually, approx- Although Furniture Workers Local Union 1862, herein called Local 1862, was served with notice of hearing, it did not appear. 49 N. L. it. B., No. 69. 502 COLEMAN FURNITURE' CORPORATION 503 imately 70 percent of which is shipped to it from points outside the State of Virginia, and manufactures finished products valued at about $850,000' annually, approximately 80 percent of which is shipped to points outside the State of Virginia. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Furniture Workers Local Union x$3086, chartered by United Brotherhood of Carpenters and Joiners of America, is a labor organi- zation affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNINd REPRESENTATION During the first part of March 1943, Local 3086 requested the Com- pany to recognize it as the exclusive representative, of the Company's employees. The 'Company refused this request,on the ground that it was operating under a contract with Local 1862. On April 20, 1940, the Company and Local 1862 entered into an exclusive bargaining contract. The contract provides that it shall remain in effect until November 30, 1941, and from year to year there- after unless either party serves notice of a desire to terminate not less than 30 days prior to any annual expiration date. The Company contends that said contract is a bar and urges that the petition be dismissed. The evidence introduced at the hearing indicates that Local 1862 has not functioned under the terms of the contract, and that it has paid no per capita tax to the United Brotherhood of Carpenters and Joiners of America since 1940. Although Local 1862 was served with notice of hearing it made no appearance at the hearing and exhibited no interest in this proceeding. On September 12, 1942, the charter of Local 1862 was returned to its International; and the Company has received no communication from Local 1862 since November 1942. It is clear that this case does not involve a contest between rival labor organizations competing for the right to represent the employees. Local 1862 is dormant and a substantial number of employees of the Company now desire to be represented by Local 3086.2 We find, therefore, that the contract between Local 1862 and the Company does not constitute it bar to an election. - ' A statement of the Regional Director, introduced into evidence at the hearing, shows that Local 3086 presented 159 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of March 28, 1943. There 'are approximately 333 employees in the unit hereinafter found to be appropriate. 504 DECISIONS '0F NATIONAL, LABOR RELATIONS BOARD % We- find that t-a question- affecting ,commerce'has arisen concerning tie :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 -Local 3086 contends that all production and maintenance employees of the Company, including inspectors, firemen, and- watchmen, but excluding clerical and supervisory personnel, constitute an appropriate unit. The only controversy with respect to the unit concerns watch- men and, firemen. Local 3086 would include such employees in the unit and the Company would exclude them. The Company employs nine persons classified by it as watchmen or firemen. The5watchmen and firemen 'are not armed and do not wear uniforms. The firemen fire the Company's boilers and act as watch- men on occasions. The watchmen punch clocks throughout the Com- pany's premises, for the purpose of fire protection. It appears that they were covered by the contract between Local 1862 and the Company. We find that watchmen and firemen should be included in the unit. We find that all production and maintenance employees of the Com- pany, including inspectors,, firemen. and watchmen, but excluding clerical and supervisory personnel, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We. shall direct that the, question concerning representation which has•arisen be resolved by means of 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 of Election -herein, subject to the limitations and additions set forth in the Direction. Local 3086 requests that it appear on the ballot as "Furniture Workers Local Union #3086, A. F. of L., (U. B. C. and J. of America)." The request is hereby granted. 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 •, DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes'of collective bargaining with Coleman Furniture COLEMAN FURNITURE CORPORATION 505 Corporation, Pulaski, Virginia, 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 supervision of the Regional Director for the Fifth 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 any such 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 or not they desire to be represented by Furniture Workers Local Union #3086, A. F. of L., (U. B. C. and J. of America), for the purposes of collective bargaining. 11