Klise Manufacturing Co.

In the Matter of KLISE MANUFACTURING COMPANY, EMPLOYER ana LOCAL 415, INDUSTRIAL WORKERS UNION, UPHOLSTERERS INTERNA- TIONAL UNION OF NORTH AMERICA, AFL, PETITIONER Case No. 7-R-2435.-Decided January 20, 1947 Mr. Stephen F. Dunn, of Grand Rapids, Mich., for the Em- ployer. Mr. Joseph M. Jacobs, of Chicago, Ill., for the Petitioner. Messrs. Maurice Sugar and Morton A. Eden, of Detroit, Mich., and Mr. Harry Weinstock, of New York City, for the Intervenor. Mr. Henry W. de Kozmian, 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 24, 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 Klise Manufacturing Company is a Michigan corporation engaged in the manufacture of ornamental wood products and plastic fabrica- tions at its plant in Grand Rapids, Michigan . During the represent- ative first 6 months of 1946 the Employer purchased raw materials valued in excess of $200,000, of which approximately 50 percent was shipped to the Employer from points outside the State of Michigan. During the same period the Employer sold products valued in excess of $400,000, of which approximately 75 percent was shipped to points outside the State of Michigan. 72 N. L. R. B , No. 38. 207 731242-47-vol 72-15 208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that the Employer is engaged in commerce within the mean- ing of the National Labor Relations Act. 11. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Ameri- can Federation of Labor, claiming to represent employees of the Employer. Local 415, United Furniture Workers of America, herein called 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. TILE 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, su- perintendents, foremen, and all other supervisory employees with au- thority 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. THE 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.' ' On December 11, 1945, the Employer and the Intervenor executed a contract which pro- vided that it was to remain in effect until December 11, 1946, and from year to year there- after is the absence of notice of a desire to change or terminate given by either party 30 days prior to December 11, 1946, of any subsequent anniversary date The 1945 agreement has not been raised as a bar to an election R The Intervenor urged that no election be directed until the Board disposes of unfair labor practice charges filed by the Intervenor against the Employer (Case No 7-C-1665) Since the Regional Du ector 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 it deter- mination of representatives. KLISE MANUFACTURING COMPANY 209 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Klise Manufacturing Company, Grand Rapids, Michigan, an election by secret ballot shall be con- ducted 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 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 appro- priate 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 eni- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding those employees who have suite 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 pur- poses of collective bargaining, or by neither.