American Furniture Co., Inc.

In the Matter of AMERICAN FURNITURE COMPANY, INCORPORATED and UNITED FURNITURE WORKERS OF AMERICA, C. I. O. Case No. 5-R-1-593.-Decided July 18, 1944 Mr. Kennon C. Whittle, of Martinsville, Va., for the Company. Mr. Bernard Hiatt, of High Point, N. C., 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 United Furniture Workers of America, C. I. 0., herein called the Union, aleging that a question affecting commerce had- arisen concerning the representation of employees of American Furniture Company, Incorporated, Martinsville, Virginia, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Herman Goldberg, Trial Examiner. Said hearing was held at Martinsville, Virginia, oii June 24, 1944. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to exam- ine 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. 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 American. Furniture Company, Incorporated, is a Virginia corpora- tion operating a plant at Martinsville, Virginia, where it is engaged in the manufacture of wooden furniture. During 1943 the Company purchased raw materials valued at about $1,500,000, approximately 86 percent of which was shipped to it from points outside the State of Virginia. During the same period the Company manufactured prod- 57 N. L R. B., No 77 408 AMERICAN FURNITURE COMPANY, INCORPORATED 409 ucts valued at about $3,000,000, approximately 95 percent of which was 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 United Furniture Workers of America is a labor organization 'affil- iated with the. Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of its employees. A statement of the Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial 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 substantial agreement with a stipulation of the parties, that all production and maintenance employees at the Martinsville plant of the Company, excluding watchmen, clerical employees, general superintendent, foremen, assistant foremen, the truck boss, and any other supervisory employees with authority to hire, promote, dis- charge, 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 meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATVES 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. ' The Field Examiner reported that the -Union presented 423 membership application cards. , There are approximately 480 employees in the appropriate unit. 410 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with American Furni- ture Company, Incorporated, Martinsville, 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, Sections 10 and 11, of said Rules and Regula- tions, 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, and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by United Furniture Workers of America, C. I. O., for the purposes of collective bargaining.