High Point Bending & Chair Co.

In the Matter Of HIGH POINT BENDING & CHAIR COMPANY and UNITED FURNITURE WORKERS OF AMERICA, C. I. O. Case No. 5-R-2019.-Decided January 5, 1946 Mr. Kenneth M. Brim, of Greensboro, N. C., for the Company. Mr. Bernard Hiatt, of Martinsville, Va., for the Union. Mr. Philip Licari, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Furniture Workers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of High Point Bending & Chair Company, Siler City, North Carolina, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before George L. Weasler, Trial Examiner. The hearing was held at High Point, North Carolina, on September 20, 1945. The Company and the Union ap- peared, participated, and 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 an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY High Point Bending & Chair Company, a North Carolina corpora- tion, is engaged in the manufacture of office and school chairs at Siler City, North Carolina. During 1944 the Company purchased raw ma- terials valued in excess of $100,000, of which approximately 50 percent was shipped from points outside the State of North Carolina. Dur- ing the same period, the Company manufactured products valued in 65 N. L R. B., No. 42. 204 HIGH POINT BENDING & CHAIR COMPANY 205 excess of $150,000, of which approximately 80 percent was shipped to points outside the State of North Carolina. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. TI-IE ORGANIZATION INVOLVED United Furniture Workers of America is a labor organization affili- ated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of its employees until the Union is certified by the Board in an appropriate unit. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial number of employees in the unit hereinafter found to be 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. TIIE APPROPRIATE UNIT The Union seeks a unit of all the Company's production and main- tenance employees, including watchmen, but excluding clerical em ployees, the superintendent, assistant superintendent-timekeeper, and foremen. Although the Company agrees with the Union that such a unit is appropriate, it would exclude watchmen. The Company employs three watchmen who are neither militarized, uniformed, nor armed. Their primary functions are to keep under surveillance the Company's property and to do janitorial work in the plant. They have no monitorial duties with respect to the other em- ployees. Inasmuch as they perform the usual duties of watchmen as contradistinguished from the monitorial functions of guards, we shall include them. We find that all the Company's production and maintenance em- ployees, including watchmen, but excluding clerical employees, the superintendent, assistant superintendent-timekeeper, foremen, and all other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- I The Field Examiner reported that the Union submitted 120 authorization cards. There are approximately 189 employees in the appropriate unit. 206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees, or effectively recommend such action, constitute a unit ap- propriate for the purposes of collective bargaining, within the mean- ing of Section,9 (b) of the Act. V. TILE l) rERI\TINATION OF REPRESENTATIVES The Company urges that its employees presently in the armed forces should be permitted to vote by mail. The record indicates that at the time of the bearing there were 60 employees on military leave. As indicated in footnote 1, supra, there are about 189 employees in the unit herein found appropriate. We are of the opinion that the facts in this case do not differ substantially from those in Matter of South West Pennsylvania Pipe Lines.2 Accordingly, we shall grant the Company's request, subject to the provisions hereinafter mentioned. We shall direct that the question concerning representation be re- solved by an election by secret ballot among employees in the appro- priate unit who were employed during the pay-roll period immediately preceding the date of the election herein, subject to the limitations and additions set forth in the Direction. In this case, the Regional Di- rector is authorized to mail ballots to employees within the appro- priate unit on military leave, provided one or more of the parties hereto, within seven (7) days from the issuance of the Direction of Election, files with the Regional Director a list containing the names, most recent addresses, and work classifications of such employees. The Regional Director shall open and count the ballots cast by mail by employees on military leave, provided that such ballots must be returned to and received at the Regional Office within thirty (30) days from the date they are mailed to the employees by the Regional Director .3 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 Rela- tions 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 High Point Bend- 2 64 N. L R B. 1384 e A free interchange between the interested pasties of information on the addresses and work categories of the employees to be voted by mail will he necessary in order to avoid challenges and post-election objections Accordingly , the Board will make available to all interested parties any information of this nature furnished it by any other party. In the event that the parties should send the absentee voters any information or literature bearing ,directly or indirectly on the pending election, copies of all such documents should he simul- taneously filed with the Regional Office for inspection by or transmittal to the other parties .Hog*ever. acceptance or transmittal of such literature by the Board's office is not to be con- strued as conferring immunity on the filing party in the event that objections are later Interposed concerning its content The usual principles will apply HIGH POINT BENDING & CHAIR COMPANY 207 ing & Chair Company, Siler City, North Carolina, an election by.secret ballot shall be conducted as early as possible , but not later than sixty (60) days from the date of this Direction , under the direction and supervision of the Regional Director for the Fifth Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject to Article III, Sections 10 and 11, 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 pre- ceding 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, but excluding any who have since quit of 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 represented by United Furniture Workers of America, C. I. 0., for the 'purposes of collective bargaining. 679 I UU --46-vol 65--15