United Cabinet Co.

In the Matter of UNITED CABINET COMPANY, EMPLOYER and UPHOL- STERERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 331, A. F. OF L., PETITIONER Case No. 11-R-1195.-Decided November 1w, 1946 Mr. M. C. Krempp, of Jasper, Ind., for the Employer. Mr. Joseph Jacobs, of Chicago, Ill., and Mr. Robert D. Malarne?, of Indianapolis, Ind., for the Petitioner. Mr. Oliver A. Switzer, of South Bend, Ind., for the Intervenor. Mr. Warren H. Leland, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Jasper, Indiana, on October 8, 1946, before Arthur R. Donovan, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OE FACT I. THE BUSINESS OF THE EMPLOYER United Cabinet Company, a partnership, maintains its office and place of business at Jasper, Indiana. During the past year the Em- ployer purchased raw materials valued in excess of $50,000, of which approximately 25 percent was shipped from points outside the State of Indiana. During the same period the Employer manufactured and sold finished products valued in excess of $50,000, approximately 10 percent of which was shipped to points outside the State of Indiana. We find that the Employer is engaged in commerce within the mean- ing of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. 71 N. L. R. B, No. 100. 650 UNITED CABINET COMPANY 651 United Furniture Workers of America, Local 331, herein called the Intervenor, is a labor organization affiliated with the Congress of Industrial Organizations, clannulg to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION On August 7, 1946, the Petitioner requested recognition from the Employer as exclusive bargaining representative of certain of its employees . The petition in the present proceeding was filed by the Petitioner on September 10, 1946. Apparently the Employer is unwill- ing to accord the Petitioner the recognition it seeks in the absence of certification by the Board.' 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 agreement of the parties, we find that all production and maintenance employees of the Employer, including working foremen and shipping clerks, but excluding office employees, partners, superintendents, 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 meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with United Cabinet Company, Jasper, Indiana, 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 Eleventh 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 or temporarily laid off, and including employees in the armed forces 'Althou gh the Intervenor has a, contract with the Empieve,, it is not raised as a bar to an election not could this agicement preclude an election, as the petition in this case seas filed before the operative date of its automatic renewal clause 652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 they desire to be represented by Up- holsterers International Union of North America, Local 331, A. F. of L., or by United Furniture Workers of America, Local 331, C. 1. 0., for the purposes of collective bargaining, or by neither.