Jasper Novelty Furniture Co.

In the Matter Of JASPER NOVELTY FURNITURE COMPANY and UNITED FURNITURE WORKERS OF AMERICA, LOCAL #331, C. I. O. Case No. 11-R--898.-Decided January 5, 1946 Mr. Arthur C. Nordho ff, of Jasper, Ind., for the Company. Mr. Frank Douthitt , of Bloomington, Ind., and Mr. Anton H. Bettag, of Jasper, Ind., for the Union. Mr. Philip Licari, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Furniture Workers of Amer- ica, Local #331, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Jasper Novelty Furniture Company, Jasper, Indiana, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Clifford L. Hardy, Trial Examiner . The hearing was held at Jasper, Indiana, on November 21, 1945. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross -examine witnesses, and to introduce evidence 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. TIIE BUSINESS OF TII9 COMPANY Jasper Novelty Furniture Company, an Indiana corporation, is engaged in the manufacture of household and novelty furniture at Jasper, Indiana. During the past twelve months the Company pur- chased raw materials valued in excess of $40,000, of which approxi- mately 50 percent was shipped from points outside the State of Indi- ana. During the same period , the Company sold furniture valued 65 N. L. R. B., No. 39. 194 JASPER NOVELTY FURNITURE COMPANY 195 in excess of $40,000, of which approximately 50 percent was shipped to points outside the State of Indiana. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Furniture Workers of America, Local #331, is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining agent of its production and maintenance em- ployees until the Union has been certified by the Board in an appro- priate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union 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 We find, in substantial accordance with the agreement of the parties, that all production and maintenance employees of the Company 2 excluding office and clerical employees, foremen, 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 among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. i The Field Examiner reported that the Union submitted 22 membership cards, and that there are approximately 48 employees in the appropriate unit. 2 Despite the Union's contrary contention, the record is clear and we find that Lenis Geppner and Willard Harder are not supervisory employees within the meaning of the Board's customary definition ; they are included 196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Jasper Novelty Furniture Company, Jasper, Indiana, 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 super- vision of the Regional Director for the Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regula- tions, among 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 or not they desire to be repre- sented by United Furniture Workers of America, Local #331, C. 1. 0., for the purposes of collective bargaining.