Jamestown Lounge Co.

1 In the Matter Of JAMESTOWN LOUNGE COMPANY and UNITED FURNITURE WORKERS OF AMERICA, LOCAL 34, C. I. O. Case No. R-5183.Decided May 6, 1943 Mr. J. Russell Rogerson, of Jamestown, N. Y., for the Company. Mr. Joseph E. Proudwwn, of Jamestown, N. Y., for the C. I. O. Mr. Edward M. Nosbisch, of Buffalo, N. Y., for the A. F. of L. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Furniture Workers of America, Local 34, affiliated with the C. L, 0., herein called the C. I. 0., alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Jamestown Lounge Company, James- town, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Francis V. Cole, Trial Examiner. Said hearing was held at Jamestown, New York, on April 15, 1943. The Company, the C. I. 0., and Upholsterers International Union, affiliated with the A. F. of L., herein called the A. F. of L., appeared, 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 Jamestown Lounge Company, a New York corporation, with its principal office and plant at Jamestown, New York, is engaged in the manufacture of gun stocks, airplane parts, and furniture. During 49 N. L R. B., No. 77. 548 JAMESTOWN LOUNGE COMPANY 549 the year 1942 the Company used ra^v' materials valued at approxi- mately $400,000, of which approximately 80 percent was shipped to its Jamestown plant from points outside the State of New. York. During the same period the Company manufactured at its James- town, plant.finished products to the approximate value of $1,000,000, of which approximately' 80 percent was shipped to points outside the State of New York. The Company admits that it is engaged in com-, merce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Furniture Workers of America, Local 34, affiliated with the Congress of Industrial Organizations, and Upholsterers International Union, affiliated with the American Federation of Labor, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about i\ arch 5, 1943, the C.. I. O. ,notified the Company by letter that it represented a majority of the Company's employees and requested recognition for bargaining ,purposes., The Company failed to reply to the letter but stated verbally to certain members of the C. I. O. that it would not grant such recognition since it doubted the C. I. O.'s claim of majority. At present there is a closed-shop agreement between the Company and the A. F. of L., effective until November 16, 1943, covering the employees in the upholstering department.' As to the employees in the woodworking department, the A. F. of L. stated at the hearing that it had attempted, on several occasions, to organize these' em- ployees but such organizational activities were unsuccessful until March 1943.' Inasmuch as there is a closed-shop contract, which will not expire until November 16, 1943, covering' the employees of the upholstering department, we find that there is no question concerning the repre- sentation of these employees at this time, and for this reason they shall not be included in the unit hereinafter found to be appropriate. Authorization and membership cards, submitted by the C. I. O. and the A. F. of L., respectively, to the Trial Examiner at the hearing, indicate that both unions represent a substantial number of employees in,the unit hereinafter found to be appropriate.' i The' Jamestown plant is comprised of two departments , namely, upholstering and woodworking. - ' The C. I. O. submitted 56 authorization cards, 55 of which bore apparently genuine signatures and were dated as follows. 1 in January 1943 , 32 in February 1943; and 22 in Match 1943. _ The A F. of L, submitted 50 membership cards and application forms, 49 of which bore apparently genuine. signatures and were dated in March 1943 . The Company declined to furnish a current pay roll whereby a determination could be made of the number of designations beating signatures of individuals whose names appear on such pay roll. i The Company stated that there are approximately 115 employees in the appropriate unit. 550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. IV. THE APPROPRIATE UNIT In its petition` the C. I. O. requests a unit comprised of all produc-' tion and maintenance employees, including guards, watchmen, in- spectors, and employees of the upholstering department, but excluding all supervisory and clerical employees. The A. F. of L. is- in agreement as to the various classifications of employees set forth in the petition but contends that the unit should be confined to the woodworking department. The Company did not take any position with respect to the unit. Since the employees in the upholstering department are presently represented pursuant to contract, we shall exclude them from the unit. - Although both unions request that guards be included in the unit, nevertheless,, since they perform plant-protection services and are shortly expected to be militarized, and in accordance with our usual practice, we shall exclude them from the unit hereinafter found to be appropriate. We find, that all production and maintenance employees, including watchmen and inspectors, but excluding supervisory and clerical employees, guards, and the employees' of the upholstering department, 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 questioni"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 of Election, herein, subject to the limitations and additions set forth int 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 Regulati6ns_Series}2,"as amended;`,it is her`eby'"-;- DIRECTED that, as part of the'investigation to ascertain representa- tives for the purposes of-collective bargaining with Jamestown Lounge The C. I O. requested that it be designated as United Furniture Workers of America, C. I. 0., on the ballot. The request is granted. I JAMESTOWN LOUNGE COMPANY 551 Company, Jamestown, New York, 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 theThird 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 United Furniture Workers of America, C. I. O., or Upholsterers International Union, affiliated with the A. F. of L., for the purposes of collective bargaining, or by neither.