Williams Furniture Corp.

In the Matter of WILLIAMS FURNITURE CORPORA'T'ION and LOCAL 273, UNITED FURNITURE WORKERS OF AMERICA, CIO and LOCAL 273, UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, AFL Case No. 10-RE-PM-Decided January 94, 1047 Mr. Kenneth M. Briny, of Greensboro, N. C., and Mr. Julian T. Buxton, of Sumter, S. C., for the Employer. Messrs. W. L. Clifton and ill anus Cooper, both of Sumter, S. C., for the CIO. Mr. Warren E. Hall, of Atlanta, Ga., and Afi,. Ben, S'hovse, of High Point, N. C., for• the AFL. 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 Sumter, South Carolina, on December 9, 1946, before M. A. Prowell, hearing officer. The hearing officer's rulings matte 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 Williams Furniture Corporation, a South Carolina corporation, is engaged in the manufacture of wooden furniture at its plant in Sum- ter, South Carolina. During the past year, the Employer purchased raw materials valued in excess of $500,000, more than 818) percent of which was received from points outside the State of South Carolina. During the same period, the Employer manufactured furniture valued in excess of $500,000, more than 90 percent of which was shipped outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 72N I. H 11, No 51 272 WILLIAMS FURNITURE CORPORATION IT. TILL. ORGANIZATIONS INVOLVED 273 Local 27 3. United Furniture Workers of America, herein called the CIO, is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. Local 273, Upholsterers International Union of North America, herein called the AFL, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. 111. 'rl-IE QUESTION CONCERNING REPRESENTATION The Employer on September 26, 1946, filed its petition with the Board, in which it averred that it was confronted with conflicting representation claims of the CIO and the AFL, and requested an inves- tigation and certification of representatives. 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 AI'PROI'RL\'IE UNIT In accordance with the agreement of the parties , we find that all production and maintenance employees of the Employer , excluding office and clerical employees , and all 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. 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. At the hearing, the AFL made an oral motion to postpone an nnme- diate election herein on the ground, allegedly, of heightened racial and personal differences among the interested employees. The hear- ing officer referred the matter to the Board. The AFL adduced no evidence in support of its motion, and in the absence thereof we deny the request for postponennent. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Williams Furniture Corpora- tion, Sunnter, South Carolina, an election by secret ballot shall be con- 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Tenth 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 Regula tions-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 repre- sented by Local 273, United Furniture Workers of America, CIO, or by Local 273, Upholsterers International Union of North America, AFL, for the purposes of collective bargaining, or by neither. MR. JAMES J. REYNOLDS, Jim., took no part in the consideration of the above Decision and Direction of Election.