Grand Rapids Cabinet Co.

In the Matter of GRAND RAPIDS CABINET COMPANY, EMPLOYER and LOCAL 415, INDUSTRIAL WORKERS UNION, UPHOLSTERERS INTERNA- TIONAL UNION OF NORTH AMERICA, AFL, PETITIONER Case No. 7-R-2434.-Decided January 17, 1947 Mr. John W. Cmnnuislcey, of Grand Rapids, Mich., for the Em- ployer. Mr. Joseph 01. Jacobs, of Chicago, Ill., for the Petitioner. Messrs. Maurice Sugar and Horton A. Eden, of Detroit, Mich., and Mr. Harry Weinstock, of New York City, for the Intervenor. Mr. Henry W. de Koomian, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Grand Rapids, Michigan, on October 23, 1946, before Harold A. Cranefield, 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 Grand Rapids Cabinet Company is a Michigan corporation engaged in manufacturing soda fountain equipment and ice cream cabinets at its plant in Grand Rapids, Michigan. During the representative year ending September 30, 1945, the Employer purchased raw mate- rials valued in excess of $300,000, approximately 90 percent of which was shipped to the Employer from points outside the State of Michi- gan. During the same period the Employer sold finished products valued in excess of $1,000,000 , approximately 90 percent of which was shipped to points outside the State of Michigan. 72 N. L. R. B., No. 35. 197 198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that the Employer 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 the Employer. Local 415, United Furniture Workers of America, herein called the Intervenor, 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 In accordance with the stipulation of the parties, we find that all production and maintenance employees of the Employer's Grand Rapids, Michigan, plant, excluding office and clerical employees, plant- protection employees, employees in the engineering department, super- intendents, 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 meaning of Section 9 (b) of the Act. V. TIIE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction.2 1On April 17, 1946, the Employer and the Intervenor executed a contract which pro- vided that it was to remain in effect until January 1, 1947, and from year to year there- after in the absence of notice of a desire to change or terminate given by either party 30 days piior to Janua iy 1, 1947, or any subsequent anniversary date The 1946 agreement has not been raised as a bar to an election The Intervenor urged that no election be duected until the Board disposes of unfair labor practice charges filed by the Intervenor against the Employer (Case No 7-C-1667). Since the Regional Director has refused to issue a complaint based on these charges, and the Board has sustained the Regional Director's action, we see no reason to delay a deter- mination of representatives. GRAND RAPIDS CABINET COMPANY 199 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Grand Rapids Cabinet Com- pany, Grand Rapids, Michigan, an election 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 direction and supervision of the Regional Director for the Seventh Region, acting in this natter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Reg- ulations-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 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 Local 415, Industrial Workers Union, Upholsterers International Union of North America, AFL, or by Local 415, United Furniture Workers of America, CIO, for the purposes of collective bargaining, or by neither.