LaSalle Upholstering Co.

In the Matter of SAMUEL SEIJK, AN INDIVIDUAL DOING BUSINESS AS LA SALLE UPIIOL•STERING COMPANY, EMPLOYER and UNITED FURNI- TURE WORKERS OF AMERICA, LOCAI, 136B, CIO, PETITIONER Case No. 1-R-3 29.Decided September 25,1946 Mr. Bernard A. Reimer, of Boston, Mass., for the Employer. Messrs. Francis O'Connor and Michael Tyson, of Boston, Mass., for the Petitioner. Mr. F. G. Dunn, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Boston, Massachusetts, on August, 13,1946, before, Thomas H. Ramsey, 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. THE BUSINESS OF THE EMPLOYER Samuel Selhk, an individual doing business as La Salle Upholstering Company, has a place of business in the city of Boston, Massachusetts, where it is engaged in the upholstering of chairs and divans. The Employer purchases approximately $50,000 worth of fabrics, wood, and miscellaneous materials annually, more than 50 percent of which is shipped to the Employer's plant in Boston from points outside the Commonwealth of Massachusetts. The , value of the Employer's finished products exceed $100,000 each year, approximately 50 percent of which is shipped to points outside the Commonwealth of Massachusetts. 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 S. 27 28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. TILE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, 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 The Petitioner seeks a unit of all production and maintenance em- ployees of the Employer, including the working foremen, but excluding executives, office and clerical employees, and all supervisory employees. The Employer takes no position as to the unit, except that it would exclude the working foremen as supervisory employees. The Employer's business is divided i nto two departments , consisting of a renovating department and a manufacturing department. These two departments are located on different floors of the same building. A foreman is in charge of each department , supervising approximately 20 production employees . The foreman in the manufacturing depart- ment devotes approximately 50 percent of his time to production work. The remainder of his time is spent taking care of customers in the Employer's absence and laying out work for the other production employees . The foreman in the renovating department devotes most of his time to production work, but also directs and supervises the work of the other employees in his department . Both foremen receive sub- stantially the same pay as the production workers. It was the uncontradicated testimony of the Employer and his man- ager that these working foremen were in complete charge of their respective departments , and had authority effectively to recommend a change in status of employees under their supervision . Although it appears that all actions taken by the working foremen in regard to personnel are subject to review by the Employer , it is also apparent that in a plant with approximately 40 employees located on two dif- ferent floors , the Employer must rely upon the recommendations of the working foremen in matters pertaining to discipline, discharge, and other action affecting the status of their subordinate employees.' I Matter of Jasper Wood Products Company, 66 N L R B. 333. LA SALLE UPHOLSTERING COMPANY 29 We are of the opinion that the working foremen fall within the Board's definition of a supervisory employee. Accordingly, we shall exclude them from the unit. We find that all production and maintenance employees of the Em- ployer, excluding executives, office and clerical employees, the working 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 action, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing 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 Samuel Sehk, an individual doing business as La Salle Upholstering Company, Boston, Massa- chusetts, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) clays from the date of this Direction, under the direction and supervision of the Regional Direc- tor for the First 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 clueing 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 i n 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 riot they desire to be represented by United Furniture Workers of America, Local 136B, CIO, for the pur- poses of collective bargaining.