Jasper Office Furniture Co.

In the Matter Of JASPER OFFICE FURNITURE COMPANY, EMPLOYER and UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 331, A. F. OF L., PETITIONER In the Matter of NEW INDIANA CHAIR Co., INC., EMPLOYER and UPHOLSTERERS INTERNATIONAL UNION OF NORTII AMERICA, LOCAL 331, A. F. OF L., PETITIONER In the Matter of JASPER SEATING CO., INC., EMPLOYER and UPHOL- STERERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 331, A. F. OF L., PETITIONER In the Matter Of JASPER CHAIR CO., EMPLOYER and UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 331, A. F. OF L.,, PETITIONER Cases Nos. 11-R-1196, 11-I1-1200, 11-R-1201, and 11-R-1202, respectively.-Decided November 13, 1946 Kahn, Little, Dees and Kahn, by Mr. Isadore Kahn, of Evansville, Ind., and Mr. Arthur C. Nordhofj, of Jasper, Ind., for the Employer. Mr. Joseph Jacobs, of Chicago, Ill., and Mr. Robert D. Malarney, 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 ELECTIONS Upon separate petitions duly filed, a consolidated hearing was held at Jasper, Indiana, on October 7, 1946, before Arthur R. Donovan, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record of the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYERS All the Employers are Indiana corporations, having their offices and principal places of business in Jasper, Indiana. 71 N L. R. B, No. 105 667 668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Jasper Office Furniture Company is engaged in the manufacture of wood office furniture. During the past year this Employer purchased raw materials consisting principally of lumber and veneer valued in excess of $250,000, approximately 75 percent of which was received from points outside the State of Indiana. During the same period this Employer manufactured and sold finished products valued in excess of $500,000, approximately 90 percent of which was shipped to points outside the State of Indiana. New Indiana Chair Co., Inc., is engaged in the manufacture of office and school chairs and breakfast sets. During the past year this Em- ployer purchased raw materials consisting principally of lumber, finishing material, glue, leather, screws, chair actions and chair springs, valued in excess of $100,000, approximately 15 percent of which was received from points outside the State of Indiana. During the same period this Employer manufactured and sold finished products valued in excess of $250,000, approximately 50 percent of which was shipped to points outside the State of Indiana. Jasper Seating Co., Inc., is engaged in the manufacture of office and household chairs. During the past year this Employer purchased raw materials consisting principally of lumber, leatherette, cotton, hard- ware and finishing material, valued in excess of $250,000, approxi- mately 75 percent of which was received from points outside the State of Indiana. During the same period this Employer manufactured and sold finished products valued in excess of $500,000, approximately 90 percent of which was shipped to points outside the State of Indiana. Jasper Chair Company is engaged in the manufacture of wood office chairs. During the past year this Employer purchased raw materials consisting principally of lumber, hardware, and lacquer, valued in excess of $100,000, approximately 75 percent of which was received from points outside the State of Indiana. During the same period this Employer manufactured and sold finished products valued in excess of $250,000, approximately 90 percent of which was shipped to points outside the State of Indiana. Each of the Employers admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of each of the Employers. United Furniture Workers of America, Local 331, herein called the Intervenor, is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of each of the Employers. JASPER OFFICE FURNITURE COMPANY 669 III. THE QUESTIONS CONCERNING REPRESENTATION C; On September 9, 1946, the Petitioner separately requested recog- nition from each of the Employers as collective bargaining representa- tive of certain of its employees. The Petitioner filed the petitions in the present proceedings on September 10, 1946. Apparently none of the Employers is willing 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 Employers, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. HE APPROPRIATE UNITS In substantial accordance with the agreement of the parties, we find that : (a) All production and maintenance employees of Jasper Office Furniture Company, excluding all supervisory employees with author- ity to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act; (b) All production and maintenance employees of New Indiana Chair Co., Inc., including firemen, watchmen, and shipping employees, but excluding clerical employees, the millwright, 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 collective bargaining within the meaning of Section 9 (b) of the Act ; (c) All production and maintenance employees of Jasper Seating Co., Inc., including engineers, watchmen, and shipping department employees, but excluding clerical employees, the lumber inspector, 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, consti- tute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act; (d) All production and maintenance employees of Jasper Chair Co., including firemen, watchmen, and factory clerical employees, but excluding all office and clerical employees, the shipping clerk, the assistant foreman in the machine room, foremen, and all other super- ' Although the Intervenor has a contract with each Employer, none of the contracting parties asserts that any of these agreements is a bar to an election ; nor could such an assertion he validly made , as the petitions in these cases were filed before the operative date of the automatic renewal clause in each contract. 670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD visory employees with authority to hire, promote , discharge, dis- cipline, 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 ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with Jasper Office Furniture Com- pany, New Indiana Chair Co., Inc., Jasper Seating Co., Inc., and Jasper Chair Co., all of Jasper, Indiana, four separate elections 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 direc- tion 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 em- ployees in the units 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 tempo- rarily 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 elections , to determine whether they desire to be represented by Upholsterers International Union of North America, Local 331, A. F. of L., or by United Furniture Workers of America, Local 331, C. I. 0., for the purposes of collective bargaining , or by neither.