The Nahon Co.

In the Matter of THE NAHON COMPANY and UNITED UPHOLSTERERS UNION OF NEW YORK, LOCAL No 44, UPHOLSTERERS' INTERNATIONAL UNION OF N A, AFL Case No R-3957 -Decided July 11, 1942 Jurisdiction : fuinituie manufacturing industry Investigation and Certification of Representati' es • existence of question re- fusal to accord petitioner recognition, election necessary Unit Appropriate for Collective Bargaining : all employees, excluding up- holsteieis, foiemen, and cleiical and supeivisoiy employees, held to constitute an appropriate unit despite Company's request that cabinet makers, finishers, and shipping and maintenance employees should constitute separate units Mr. George L. Arlin, of New York City, for the Company Mr. Joseph Rothenberger, of New York City, for the Union. Mr. Charles IV Schneider, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Upbolsteieis' Union of New York, Local No 44, Upholstereis' International Union of N. A., AFL, herein called the Union, alleging that a question affecting commerce had arisen concerning the iepiesentation of employees of The Nahon Company, New York City, heieni called the Company, the National Labor Relations Board piovided for an appropiiate heaiing upon due notice before Martin I Rose, Tiial Examiner Said hearing was held at New York City on June 15, 1942 The Company and the Union appeared, participated, and were afforded full opportunity to be heaid, to examine and cross-examine witnesses, and to uitioduce evi- dence bearing on the issues The Tiial Examinei's rulings made at the hearing are flee fiom pieludicial error and aie hereby affirmed Upon the entire recoid in the case, the Boaid makes the following. FINDINGS OF FACT I THE BUSINESS OF THE COMPANY The Nahon Company is a New York corporation having its princi- pal office and place of business in New York City, w here it is engaged 42NLIIB,No78 329 330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the manufacture, sale, and distribution, of furniture and related products During the period from November 15, 1941, to May 15, 1942, the Company purchased for use at its New York plant raw materials, pimcipally lumber, down, hair, springs, hardware, and lacquers, valued at approximately $41,000, of which about 1 percent was secured from sources outside the State of New York During the same period, the Company sold finished products valued at approxi- mately $142,000, of which about 33]/3 percent was shipped to points outside the State of New Yoik The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act and that it is subject to the jurisdiction of the Boaid.- II THE ORGANIZATION INVOLVED United Upholsterers' Union of New Yoik, Local No. 44, is a labor organization affiliated with ;Upholsterers' International Union of North America and the American Federation of Labor, admitting to membership -employees of the Company. III THE QUESTION CONCERNING REPRESENTATION About May 2, 1942, the Union requested the Company to recognize it as exclusive bargaining representative within the unit which we hereinafter find to be app] opi late The Company declined to recog- nize the Union as such repiesentative A report of the Regional Director introduced into evidence at the hearing indicates that the Union repiesents a substantial number of employees within the appro- priate unit 1 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 Union contends that all employees of the Company, excluding upholsterers, foremen, and clerical and supervisory employees, con- stitute an appropriate unit. The Union now represents the uphol- sterers by virtue of a conti act expn ing August 31, 1942. The Com- pany contends that the cabinet makers, finishers, and shipping and maintenance employees, constitute three sepal ate appropriate units, and that the foremen should be included in such units. 1 The Union submitted to the Regional Director 37 applications for membership cards Thirty bore apparently genuine, original signatures , five bore printed names Thirty-five of the cards bore the names of persons on the Company 's May 8, 1942, pay roll, listing 45 persons within the appropriate unit Tnenty -two were undated , 3 dated in 1942, 5 in April, and 5 in May 1942 THE NAHON COMPANY . 331 The Company manufactures custom-built furniture. The furniture is built by the cabinet makers, starting with rough lumber and using both machine and hand woodworking tools. It is then finished, i. e. stained and varnished, by the finishers; upholstered,-if such is neces- sary; and finally shipped. Cabinet makers, finishers, and upholsterers are highly skilled crafts- men. They are not interchangeable. All work the-same hours. All are hourly paid except the cabinet makers, who are piece workers. Although under other circumstances the cabinet makers, finishers, and shipping and maintenance employees might constitute separate appropriate units, we are of the opinion that, on this record, they constitute one appropriate unit. There are four foremen. Two of these are employed in the cabinet making department, one in the finishing department, and one in the shipping and maintenance department They spend 90 percent of their time supervising other employees. We find that the foremen are supervisory employees, and shall exclude them from the unit - We find that all employees of the Company, excluding upholsterers, foremen, and clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES Although the Union requested that eligibility to vote in any election be determined by the pay roll of May 1; and the Company that it be determined either as of the date of the hearing or as of the date of the election, we shall direct, in accordance with our usual practice, that the question concerning representation which has arisen be re- solved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period im- mediately preceding the date of the Direction of Election 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 Rela- tions Act, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby _ DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with the Nahon Company, New York City, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) 332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD days from the date of this Direction, under the direction and super- vision of the Regional Director foi the Second Region, acting in this matter as agent for the National Labor Relations Boai d, and subject to Article III, Section 9, of said Rules and Regulations,- among the em- ployees in the unit found appropriate in Section IV, above, who weie employed during the pay-roll peiiod immediately preceding the date of this Direction, including employees who did not work dining such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented for the purposes of collective bargaining by United Upholsterers' Union of New York, Local No 44, Upholsterers' International Union of N A) affiliated with the American Federation-of Labor. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election