W. W. Kimball Company, Inc.

In the Matter of W. W. KIMBALL COMPANY, INC. and PIANO AND MUSICAL INSTRUMENT WORKERS, LOCAL 1190, A. F. OF L. Case No. R-13205.-Decided May 15,1939 Musical Instrument and Furniture Manufacturing Industry-Investigation of Representatives : controversy concerning representatives of employees : refusal by employer to grant recognition of union until certified-Unit Appropriate for Collective Bargaining : production and maintenance employees , including working foremen, and excluding executives, supervisors, foremen, office workers, and draftsmen ; no controversy as to-Representatives : proof of choice : check of membership cards against pay roll-Certification of Representatives : upon proof of majority representation. Mr. Stephen M. Reynolds, for the Board. Fyffe & Clarke, by Mr. Robert J. Smith, of Chicago, Ill., for the Company. Mr. Daniel D. Carwell, of Chicago, Ill., for the Union. Mr. Roscoe L. Barrow, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On January 20,1939, Piano and Musical Instrument Workers, Local 1190, A. F. of L., herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of W. W. Kimball Company, Inc., herein called the Company, and requesting an investigation and certifica- tion of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 103 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 12 N. L. R. B., No. 100. 998 W. W. KIMBALL COMPANY, INC. 999 On March 21, 19391 the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the Union. Pursuant to the notice, a hearing was held on March 30, 1939, at Chicago, Illinois, before Samuel H. Jaffee, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were represented by counsel ; all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY W. W. Kimball Company, Inc. has its main office and plant in Chicago, Illinois. It is engaged in the manufacture of pianos, pipe organs, and laboratory and vocational furniture. The principal raw materials used in the manufacture of these products are wood, coal, pig iron, wire, and felt. During 1938 the Company purchased raw materials costing approximately $700,000, of which approximately 80 per cent were shipped to the Company from points outside Illi- nois. The Company sold finished products during 1938 which grossed over $2,000,000, of which approximately 80 per cent were shipped to points outside Illinois. IT. THE ORGANIZATION INVOLVED Piano and Musical Instrument Workers, Local 1190, A. F. of L., is a labor organization affiliated with the United Brotherhood of Car- penters and Joiners of America, an affiliate of the American Federa- tion of Labor, admitting to membership all production and mainte- nance employees of the Company, including working foremen, and excluding executives, supervisors, foremen, office workers, and draftsmen. III. THE QUESTION CONCERNING REPRESENTATION During the first week of January 1939, the Union informed the Company that a majority of the Company's employees had designated the Union as their representative and asked that representatives of the Company meet with it for purposes of collective bargaining. The 1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company refused to recognize the majority status of the Union until such time as the Union should obtain certification from the Board. On January 20, 1939, the Union filed its petition with the Board. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union asks for, and the Company does not object to, a unit consisting of all production and maintenance employees, including working foremen, and excluding executives, supervisors, foremen, office workers, and draftsmen. The "working foremen" referred to are employees who, though having some supervisory duties, do not have the power to hire or discharge, and spend most of their time working at the benches. Since the Union desires their inclusion, we shall include them in the unit. We find that the production and maintenance employees, including working foremen, of the Company, excluding executives, supervisors, foremen, office workers, and draftsmen, constitute a unit appropriate for the purposes of collective bargaining and that said unit will in- sure to the employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effec- tuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Union desires to be certified on the record as exclusive bar- gaining representative for employees of the Company in the defined appropriate unit. During the hearing the Company placed in evi- dence its pay roll for January 14 and 21, 1939, which indicates that there are approximately 741 employees in the appropriate unit. The membership cards of the Union were also placed in evidence. Officials of the Company and counsel for the Company checked the member- ship cards against the pay roll and it appeared from this check that approximately 538 of the employees in the unit are members of the Union. W. W. KIMBALL COMPANY, INC. 1001 We find that the Union has been designated and selected by a ma- jority of the employees in the appropriate unit as their representative for the purposes of collective bargaining. It is, therefore, the exclu- sive representative of all the employees in such unit for the purposes of collective bargaining, and we will so certify. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of W. W. Kimball Company, Inc., Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production and maintenance employees, including working foremen, of the Company, excluding executives, supervisors, foremen, office workers, and draftsmen, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Piano and Musical Instrument Workers, Local 1190, A. F. of L., is the exclusive representative of all the employees in such unit for the purposes of collective bargaining, within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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 1, as amended, IT IS HEREBY CERTMED that Piano and Musical Instrument Workers, Local 1190, A. F. of L., has been designated and selected by a ma- jority of the production and maintenance employees, including work- ing foremen, of W. W. Kimball Company, Inc., Chicago, Illinois, excluding executives, supervisors, foremen, office workers, and drafts- men, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Piano and Musical Instrument Workers Local 1190, A. F. of L., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.