The Davis Co., Inc.

In the Matter of PHL DAVIS COMPANY, INC and UNITED FURNITURE WORKERS OF AMERICA, C. I. O. Case No 15-R-1348.-Decided June 22,1945 Messrs. R. L. McKnight and T. B. Davis, of Memphis, Tenn., for the Company. Messrs. W. A. Copeland and W. L. Carson, of Memphis, Tenn., 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. 1. 0., herein called the Union , alleging that a question affecting commerce had arisen concerning the representation of employees of The Davis Com- pany, Inc.. Memphis , Tennessee , herein called the Company, the National Labor Relations Board provided foi an appropriate hearing upon due notice before Laurence H. Whitlow, Trial Examiner . Said hearing was held at Memphis, Tennessee . on June 4, 1945 The Company and the Union appeared at and participated in the hearing All parties were afforded full opportunity to he heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues . The Trial Examiner 's rulings made at the heaiing 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 1. THE BUSINESS OF THE COMPANY The Davis Company, Inc., is a Tennessee corporation operating a plant at Memphis, Tennessee, where it is engaged in the manufacture of wood rAlthough Upholsterer 's International Union of North America , A F of L , hei em called the Upholsterers , was served with Notice of Hearing, it did not appear 62 N. L. R. B., No. 97. 756 THE DAVIS COMPANY, INC. 757 stock furniture parts During 1944 the Company purchased raw materials valued at approximately $70,000, about 25 percent of which was shipped to it from points outside the State of Tennessee. During the same period, the Company manufactured products valued at about $250,000, approxi- mately 86 percent of which was shipped to points outside the State of Tennessee. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED United Furniture Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 3, 1943, the Union requested the Company to recognize it as exclusive collective bargaining representative of the Company's employees. The Company refused this request on the ground that it was operating under a contract with the Upholsterers. On June 12, 1941, the Company and the Upholsterers entered into an exclusive collective bargaining contract The contract provides that it shall remain in effect for a period of one year and from year to year thereafter unless either party thereto notifies the other of a desire to terminate not less than 30 days prior to any annual expiration date. No such notice has ever been given. The Upholsterers advised the Regional Director, prior to the hearing, that it had no interest in the instant proceeding It further appears that the Company has not heard from the Upholsterers with respect to any matter since October 1, 1942. Inasmuch as the Union made its claim in timely fashion and in view of the above facts, we conclude that the contract does not constitute a bar to a determination of representatives at this time. A statement of a Field Examiner of the Board, 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 substantial agreement with the parties , that all factory em- ployees of the Company at its Bedley Avenue , Memphis, Tennessee, plant The Field Examiner reported that the Union presented 33 authorization cards. There are approximately 50 employees in the appropriate unit Z58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD excluding office employees,' non-productive clerical employees , and all supervisory employees with authority to hire , promote, discharge, discipline, or otherwise effect changes in the status of employees , or effectively recom- mend such action , constitute a unit appropriate for the purposes of collec- tive 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 ha. arisen be resolved by means of an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the (late 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 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 representatives for the purposes of collective bargaining with The Davis Company, Inc , Memphis, Tennessee, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direc- tion, under the direction and supervision of the Regional Director for the Fifteenth Region, acting in this natter as agent for the National Labor Relations Board , and subject to Article III, Sections 10 and 11, 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 imme- diately 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 ex- cluding 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. 0., for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above De- cision and Direction of Election.