Superior Sleeprite Corp.

In the Matter of SUPERIOR SLEEPRITE CORPORATION and LOCAL 707, U. F. W. A. (C. I. 0.) Case No. R-5516.-Decided July 9,1943 Mr. William W. Ward, Jr., for the Board. Mr. Louis L. Kahn, of Chicago, Ill., for the Company. Mr. David B. Rothstein, of Chicago , Ill., for the C. 1. 0. Mr. Robert A. Roulston , of Chicago, Ill., for the A. F. of L. Miss Muriel J. Levor, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Local 707, United Furniture Workers of America (C. I. 0.), herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Superior Sleeprite Corporation, Rockford, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Charles E. Persons, Trial Examiner. Said hearing was held at Rockford, Illinois, on June 9, 1943. The Company, the C. I. 0., and Upholsterers' International Union of North America, A. F. of L., herein called the A. F. of L., appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Superior Sleeprite Corporation, an Illinois corporation with its principal office at Chicago, Illinois, is engaged in the manufacture and sale of metal beds, metal bedroom furniture, metal dinette tables 51 N. L. R B., No. 42. 185 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and chairs, mattresses, sofa beds, and upholstered chairs. The Com- pany operates plants at Chicago, Illinois, and Rockford, Illinois. The latter plant alone is involved in this proceeding. The principal raw materials used by the Company are steel, lumber, cotton goods, linters, ticking, paints, leatherette, chrome, corrugated papers, and twine. During the year 1942 the Company purchased raw materials valued at more than $500,000, approximately 85 percent of which was shipped from points outside the State of Illinois. During the same year sales of the Company's finished products exceeded $1,000,000, of which approximately 75 percent was shipped to points outside the State of Illinois. The Company concedes for the purpose of this proceeding that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Local 707, United Furniture Workers of America, is a labor or- ganization affiliated with the Congress of Industrial Organizations admitting to membership employees of the Company. Upholsterers' International Union of North America is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about April 16, 1943, the C. I. O. informed the Company that it represented a majority of the Company's employees and requested recognition as their exclusive bargaining representative. Repeated conferences were held, but the Company did not recognize the C. I. O. and it refused to become a party to a consent election agreement. A statement of the Regional Director, introduced in evidence at the hearing, indicates that the C. I. O. represents a substantial number of employees in the unit hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties are agreed that a bargaining unit composed of all pro- duction and maintenance employees employed at the Company's Rock- 1 The Regional Director reported that the C. I. O. submitted 145 designations, of which 99 bearing apparently genuine original signatures correspond with names on the Company's pay roll of May 8, 1943, containing 175 names. The Regional Director also reported that the A. F. of L. submitted 15 designations, of which 14 bearing apparently genuine original signatures correspond with names on the aforesaid pay roll. SUPERIOR SLEEPRITE CORPORATION 187 ford plant, including the non-militarized watchmen and the Com- pany's inspectors 2 but excluding office employees, is appropriate. The sole controversy concerns the exclusion of supervisory employees and the truck driver. The Company contends that the foremen and assistant foremen, and the truck driver should be included. Both labor organizations desire their exclusions. The truck driver was omitted from the coverage of the contract which the C. I. O. had with the former owner of the Rockford plant 3 We shall exclude him. The Company's foremen clearly have supervisory status and will be excluded. The evidence concerning the extent of authority ac- corded the assistant foremen is not as clear. However, their pay rate is higher than that of the regular employees. When foremen are absent the assistant foremen take their place. The supervisory authority of the assistant foremen appears sufficiently substantial to warrant excluding them from the unit. Accordingly, we find that all production and maintenance employees of the Company employed at its Rockford, Illinois, plant, including watchmen and inspectors, but excluding office employees, foremen, assistant foremen, and any other 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 purpose 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 among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Superior Sleeprite Corporation, Rockford, Illinois, an election by secret ballot shall be 2 The inspectors perform some manual labor in the course of their work. $ Skandia Furniture Co. 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, 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 temporar- ily 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, to determine whether they desire to be represented by Local 707, United Furniture Workers of America, affiliated with the Congress of Industrial Organizations, or by Upholsterers' International Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.