Los Angeles Period Furniture Co.

In the Matter Of Los ANGELES PrRIOD FURNITURE Co. and FURNITURE WORKERS UNION, LOCAL NUMBER 1561, UN ITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, A. Y. OF L. Case No. R-4038.-Decided August 18, 1942 Jurisdiction : furniture and airplane parts manufacturing industry. Investigation and Certification of Representatives : -existence'. of question : conflicting claims of rival representatives ; alleged agreement between rival organizations that neither would conduct- campaigns nor ask for elections in plants which other, had under contract, held no bar; charges of unfair 4abor practices pending at, time of hearing, but disposed of at time of decision, held no bar; election necessary. ' Unit Appropriate for Collective Bargaining : production and maintenance employees, excluding supervisors, office personnel, and trucks drivers. Mr. Irvin Stalmaster, of Los Angeles, Calif., for the Company. A/ Arthur_Ga?nett, of Los Angeles, Calif., for the A.'F. of L. Gallagher & Wirin, by Mr. Lawrence M. Weinberg, of Los Angeles, Calif., for the C. I. O. I : Mr.'A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF , ELECTION STATEMENT OF THE CASE Upon petition duly filed by Furniture Workers Union, Local Num- ber 1561, United Brotherhood of Carpenters & Joiners • of America, A. F. of L., herein called the A. F. of L.,1 alleging 'that a question affecting commerce had arisen 'concerning the representation of em- ployees of Los* Angeles Period Furniture Co., Los Angeles, Cali- fornia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert C. Moore, Trial Examiner. Said hearing was held at Los Angeles, California, in July 9. 1942. The Company, the A. F. of L., and United Furniture Workers, Local 576, C. I. 0., herein called the C. I. .0., appeared, participated, and were afforded full oppor- I Incorrectly described in the petition and other formal papers as Furniture, Workers Union, Local 1561, A F. L, and corrected by motion at the hearing 43 N. L. R. B., No. 50 327 328 DECISIONS OF NATIONAL LABOR RELATIOII^S BOARD tunity 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 hearings are free from prejudicial error and ase hereby affirmed. Both the A. F. of L. and the C. 1. O. filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following: I FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Los Angeles Period Furniture, Co. is aCalifornia corporation hav- ing its office and plant in Los Angeles, California, where the Company is engaged in the manufacture of furniture and airplane parts. The Company purchases annually' for use ' at its Los Angeles plant raw materials amounting to approximately $500,000 in value, of which approximately 10 percent is purchased from sources outside the State of California. The Company's annual sales of finished products from its Los Angeles plant amount to approximately $1,000,000, of -which approximately 25 percent represents shipments to customers located outside the State of California. II. THE ORGANIZATIONS INVOLVED Furniture Workers Union, Local Number 1561, United Brother- hood of Carpenters & Joiners of America, A. F. of L., is a labor or- ganization afilialted with the American Federation of Labor, admitting to membership employees of the Company. United Furniture Workers, Local 576, C. I. 0., is a labor organi- zation, affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. . THE QUESTION CONCERNING REPRESENTATION In the early part of 1941, and thereafter, the A. F. of L. requested that the Company bargain collectively. The Company .refused upon the ground that it had a collective bargaining contract with the C. I. O: The C. I. O. 'does not urge this contract which has since expired as a bar to this present proceeding but does' urge that no election should be held because at the time of the hearing there were pending charges of unfair labor practices on the part of the' Company, filed by the C. I. 0., and because of an alleged agreement between the C. I. O. and the A. F. of L. to the effect that neither will conduct campaigns nor ask for elections in plants which.the•other has under contract. _• , LOS ANGELES PERIOD' FURNITURE CO.' 329 We are of the opinion and find that the facts presented do not con- stitute a bar to the present proceeding. The charges of unfair labor practices have now been disposed,of.2 No evidence was introduced to establish the existence of the alleged agreement. Moreover, although settlement of labor disputes is to'be encouraged, rights of employees under the Act and the jurisdiction of the Board thereunder may not be compromised by agreements among' private parties. Thus; all agreement of the sort alleged would offer no obstacle to a present determination'of representatives. A Statement of the Regional. Director,3 introduced in evidence, together with other' evidence 4 submitted by the A. F. of L., shows that the A. F. of L. 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties; that all production and 'maintenance employees of the Company, excluding supervisors, office personnel, and truck drivers; constitute a unit ap- propriate 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 the em- ployees 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. 2 An appeal from the dismissal of the unfair labor practice charges was denied, after consideration by the Boaid , on August 18, 1942 8 The Regional Director reported that the A. F. of L. had submitted a membership roster and dues record containing 91 names ; that the last months for which dues were, paid for members so listed were January 1942-2, February 1942-2, April 1942-6, May 1942-79, and June 1942-2, that the membership dues record appeared to be authentic and valid, and that of the 91 names , 80 names appeared on the Company 's pay roll submitted June 5 , 1942, containing approximately 180 employees in the unit deemed by the peti- tioner to be appropriate . ' The Regional Director further repotted that the C., I. 0 had not submitted any evidence to substantiate its claim of an interest in this case other than the contract it then had with the Company. , d In addition to the statement of the Regional Director , there were submitted by the A F. of L to the Trial Examiner , 26 signed membership cards bearing names other than those considered by the Regional Director , of which cards, 12 appeared to bear the signa- tures of persons appearing on the pay roll of the Company of June 5, 1942. 330 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby - . DIRECrED_that, as part of the investigation ordered by'the Board to ascertain representatives for the purposes,of collective bargaining. with Los Angeles Period Furniture Co., Los Angeles, California, 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 supervision of the Regional Director for the Twenty- first Region' acting in this matter as `agent for the National Labor Relations Board, and subject to Article III, Section 9, 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 any such employees who did not work during said 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 they desire to' be represented by Furniture .Workers Union, Local Number 1561, United Brotherhood of Carpenters & Joiners of America, A. F. of L., or by United Furniture Workers, Local 576, C. I. 0., for the purposes of collective bargaining, or by -neither. CHAIRMAN MILLis took no part in the consideration of the above Decision and Direction of Election.