Kroehler Mfg. Co.

In the Matter of KROEHLER MFG. Co., EMPLOYER and UPIIOLSTERER'S INTERNATIONAL UNION, LOCAL 236, AFL, PETITIONER Case No. 1b'-LL 18P5.Decided September 04, 1946 Mr. Lee Henson, of Naperville, Ill., and Mr. E. TV. Groth, of Dallas, Tex., for the Employer. Mr. Leonard Shaw, of Chicago, Ill., and Cllr. Ed 7'. Green, of Dallas, Tex., for the Petitioner. Mr. Martin E. Rendelm,an, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Dallas, Texas , on August 5, 1946, before Earl Saunders , hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. TIIE BUSINESS OF TIIE EMPLOYER Kroehler Mfg. Co., an Illinois corporation having its principal office at Naperville, Illinois, operates plants at Kankakee, Illinois; Naper- ville, Illinois; Binghamton, New York; Cleveland, Ohio; Ingle- wood, California; Bradley, Illinois; and Dallas, Texas. We are liere concerned solely with the plant located at Dallas, Texas, where the Employer is engaged in the manufacture, sale, and distribution of up- holstered and other types of furniture. During the year 1945 the Employer purchased for use in its Dallas plant raw materials valued in excess of $750,000, approximately 85 percent of which was shipped to the Employer from points outside the State of Texas. During the same period the Employer manufactured at and shipped from its Dallas plant finished products valued in excess of $1,000,000, more than 50 percent of which was shipped to points outside the State of Texas. The Employer admits and we find that it is engaged in commerce within'the meaning of the National Labor Relations Act. 71 N. L R B, No 5 717734-47-vol. 71-3 15 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We, find that a, question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In accordance with the unopposed request of the Petitioner, we find that all production and maintenance employees of the -Employer's Dallas, Texas, plant, including employees in the mill department, frame and assembly department, finishing department, cut and sew department, cotton department, upholstery department, cushion de- partment, and moulding department, packers, leaders, and checkers, but excluding office and clerical employees, salesmen, truck drivers and helpers, garage mechanics, shipping and receiving clerks, cafeteria cook and helpers, part-time and temporary employees, leadmen and inspectors, executive and administrative employees, foremen and all other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Kroehler Mfg. Co., Dallas, Texas, an election by secret ballot shall be conducted as early as pos- sible, but not later than thirty ( 30) days from the date of this Direc- tion, under the direction and supervision of the Regional Director for t he Sixteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, 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 KROEHLER MFG. CO. 17 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 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 or not they desire to be represented by Upholsterer's International Union, Local 236, AFL, for the purposes of collective bargaining.