Little Rock Furniture Manufacturing Co.

In the Matter of LITTLE ROCK FURNITURE MANUFACTURING COMPANY and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,. LOCAL -UNION #2904, AFL Case No. 15-R-1219.-Decided February 13, 1945 Mr. W. Stuart McCloy, of Memphis, Tenn., and Mr. C. L. McCarthy,. of Little Rock, Ark., for the Company. Mr. Charles F. Mendenhall, of Little Rock, Ark., and Mr. Fred' G. Koenig, Sr., of Birmingham, Ala., for the Carpenters. Mr. Joseph Kirby, of St. Louis, Mo., and Mr. Joseph M. Jacobs, of Chicago, Ill., for the Upholsterers. Mr. Carl B. Curtis, of Fort Smith, Ark., and Mr. Wm. R. Hen- derson, of Little Rock, Ark., for the CIO. Mr. Harry Nathanson, of counsel to the Board. - DECISION AND' DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed.by United Brotherhood of Carpenters and Joiners of America, Local Union=#2904, affiliated with the Amer- ican Federation of Labor, herein called the Carpenters, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Little Rock Furniture Manufacturing Company, Little Rock,- Arkansas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice - before Walter Wilbur and Laurence H. Whitlow, Trial Examiners. Said hearing was held at Little Rock, Arkansas, on October 20 and 21, and November 2 and 13, 1944. The Company, the Carpenters, Upholsterers International Union of North America, AFL, herein called the Upholsterers, and United Furniture Workers of America, CIO, herein called the CIO, appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. At the hearing the Upholsterers moved to dismiss the petition and the Trial Examiner referred the motion to the Board for determina- 60 N. L. R. B., No. 104. 550 LITTLE ROCK FURNITURE MANUFACTURING COMPANY 551 tion. For reasons set forth in Section III, infra, the motion is denied. The Trial Examiner's rulings made at the hearing are free from prej- tiidicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Little Rock Furniture Manufacturing Company, an Arkansas corpo- ration with its principal office and plant located at Little Rock, Ar- kansas, is engaged in the manufacture of furniture and other wood products. The Company purchases from outside the State of Arkan- sas approximately 40 percent of its raw materials, valued annually at approximately $100,000. Approximately 50 percent,of the Com- pany's finished 'products is annually shipped outside the State of Arkansas. The Company admits, that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED United- Brotherhood of Carpenters and Joiners of America, Local Union #2904, affiliated with the American Federation of Labor, is'a labor organization admitting to membership employees of the Com- pany. Upholsterers International Union of North America, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. United Furniture Workers of America, affiliated with the Con- gress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 21, 1944, the Carpenters requested the Company to rec- ognize it as the exclusive bargaining representative of the Company's employees. On August 24, 1944, the Company refused to grant this request and stated that it had a contract with the Upholsterers and would abide by its provisions until advised by the Upholsterers to the contrary. In 1942, following a Decision and Direction of Election issued by the Board,' the Upholsterers was certified as the exclusive bargaining 1 39 N. L. R. B. 892. L52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD representative of all the Company's production and maintenance eni- ployees.2 On June 12, 1942, the Company entered into a- collective bar- gaining contract with the Upholsterers. Thereafter, the Upholster- ers and the Company entered into an agreement, dated July 9, 1943, modifying and amending the contract of June 12, 1942, and extending its term until May 1, 1944, and from year to year thereafter, " unless -either party notifies the other in writing at least thirty (30) days prior to May 1, 1944, or any subsequent year, of a desire to terminate its agreement." Since by notice, the contract of June 12, 1942, as extended, may be terminated as of a date which is less than 3 months from the present time, we find that it is not a bar to a present determination of rep- iesentatives. However, any certification which we'may issue shall be for the purpose of designating a representative to negotiate a new agreement to succeed the contract now in effect.' A statement of a Field Examiner, introduced into evidence at the hearing, indicates that the Carpenters represents a substantial number -of employees in the unit hereinafter found appropriate.4 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mealiing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties agree, and we find, that all production and maintenance employees of the Company, including watchmen, firemen, truck driv- ers, truck washers, inspectors, stockmen, and assistant shipping clerk, but excluding clerical workers, salesmen, superintendents, non-pro- ductive foremen, foremen, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such ac- tion, constitute a unit appropriate for the purposes of collective bar- gaining 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 an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll 2 40 N. L R. B. 1228 3 Matter of Chrysler Motors Parts Corporation, 38 N. L R B. 1379 4 The Field Examiner reported that the Carpenters submitted 224 authorization cards bearing dates between April and September 1944. There are approximately 325 employees in the unit found appropriate . The Upholsterers relies upon its contract as evidence of its interest in this proceeding. However, the CIO failed to produce any documentary evi- dence of its interest herein. LITTLE ROCK FURNITURE MANUFACTURING COMPANY 553• period immediately preceding the date of the Direction of Election herein subject to the limitations and additions set forth in the Direction.-5 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Little Rock Fur- niture Manufacturing Company, Little Rock, Arkansas , 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 Fifteenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations , among the employees in the unit found ap- propriate in Section IV, above, who were employed, during the pay- roll period immediately preceding the date of this Direction, includ- ing employees who did not work during the said pay-roll period be- cause they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present them- selves in person at the polls, but excluding those employees 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 they desire to be represented by United Brotherhood of Carpenters and Joiners of America, Local Union #2904, AFL, or by Upholsterers International Union of North America, AFL , for the purposes of collective bargaining , or by neither. I In view of the CIO's failure to produce any documentary evidence of its interest in this proceeding. we shall not accord it a place on the ballot.