Ed Roos Co. of Forest Park

In the Matter of ED Roos COMPANY OF FOREST PARK and FURNITURE AND BEDDING WORKERS' UNION, LOCAL 18-B., C. I. O. Case No. R-5882.-Decided September 6, 1941 Mr. A. D. Gorrell, of Chicago, Ill., for the Company. Mr. Nicholas Blattner, of Chicago, Ill., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Furniture and Bedding Workers' Union, Local 18-B., C . I. 0., herein called the Union , alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Ed Roos Company of Forest Park, Forest Park, Illinois, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before George S. Freudenthal , Jr., Trial Examiner. Said hearing was held at Chicago, Illinois, on August 24 , 1943. The Company and the Union appeared, participated , and were afforded full opportunity to be heard, to examine and cross-examine witnesses , and to introduce evidence bear- ing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Ed Roos Company of Forest Park is an Illinois corporation with its principal place of business at Forest Park, Illinois, where it is engaged in the manufacture of furniture and wooden items for the United States Army. During the 12-month period ending July 1, 1943, the Company purchased raw materials valued at about $350,000, approximately 75 percent of which was shipped to it from points outside the State of Illinois. During the same period the Company 52 N. L. R. B., No. 76. 479 480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD shipped manufactured products valued in excess of $1,000,000 to points outside the State of Illinois. The Company admits, for the purpose of this proceeding, that it is engaged in commerce within the mean- ing of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Furniture and Bedding Workers' Union, Local 18-B., is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 14, 1943, the Union requested the Company to recognize it as the exclusive collective bargaining representative of the Com- pany's employees. The Company refused this request. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union 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. IV. THE APPROPRIATE UNIT We find, in agreement with a stipulation of the parties, that all production and maintenance employees of the Company, excluding office employees and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining, within the mean- ing 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. 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 I The Regional Director reported that the Union presented 82 membership application cards bearing apparently genuine signatures of persons whose names appear on the Com- pany's pay roll of July 24, 1943. There are approximately 210 employees in the appropi late unit. ED ROOS COMPANY OF FOREST PARK 481 Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 Ed Roos Company of Forest Park, Forest Park, Illinois, 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the em- ployees in the unit found appropriate in Section 1V, 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 or not they desire to be represented by Furniture and Bedding Workers' Union, Local 18-B., C. I. 0., for the purposes of collective bargaining. CHAIRMAN Mrraas took no part in the consideration of the above Decision and Direction of Election. 6