Superior Felt and Bedding Company

In the Matter of SUPERIOR FELT AND BEDDING COMPANY and LocAL No. 173, INTERNATIONAL UPHOLSTERERS UNION, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1433:-Decided August 19,.1939 Mattress and Bedding Manufacturing Industry-Investigation of Represent a- tives: controversy concerning representation of employees : company refuses to recognize petitioner and disputes majority status-Unit Appropriate for Collec- tive Bargaining : all employees of the company' s Kansas City plant, exclusive of supervisors , office and clerical personnel , watchmen , truck drivers , salesmen, and a worker temporarily employed during his summer vacation-Representatives.- proof of choice : introduction of union application and authorization cards in evidence ; testimony of employees that they no longer wished to be represented, by union ; question concerning representation can best, be resolved by a secret ballot-Election Ordered Mr. Henry H. Foster, Jr., and Mr. Daniel J. Leary, for the Board.' Mr. M. W. Borders, Jr., and Mr. Oscar S. Brewer, both, of Kansas City, Mo., for the Company. Mr. Gibson Langsdale, of Kansas City, Mo., for the Union. Mr. Harold W. Weston, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 10, 1938, Local No. 173, International Upholsterers Union, herein called the Union, filed with the Regional Director for the Seventeenth Region (Kansas City, Missouri) a petition, and on May 9, 1939, an amended petition, alleging that a question affecting commerce had arisen concerning representation of employees of the Superior Felt and Bedding Company, North Kansas City, Missouri, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 20, 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 14 N. L. R. B., No. 63. 835 836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 1, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the Union. On July 5, 1939, the Company filed its answer and on July 12, 1939, an amended answer to which more particular reference is made hereinafter. Pursuant to the notice of hearing, a hearing was held on July 10, 11, 12, and 13, 1939, at Kansas City, Missouri, before Joseph F. Keirnan, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and to cross-examine witnesses , and to introduce evidence bearing on 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. On July 25, 1939, the Company filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Superior Felt and Bedding Company, a Delaware corporation, with its principal office in Chicago, Illinois, is engaged in the busi- ness of manufacturing and distributing mattresses, studio couches, and bedding. It operates manufacturing plants in Long Island City, New York; Dekalb, Illinois; Dallas, Texas; Columbus, Ohio; Chicago, Illinois; and North Kansas City, Missouri. This proceed- ing concerns only the plant at North Kansas City, Missouri, herein called the Kansas City plant. The annual sales of the Company's Kansas City plant amount to approximately $300,000 in value. About 75 per cent of the materials used in- the manufacture of the products of the Kansas City plant are purchased and transported from States other than Missouri. Ap- proximately 40 per cent of the finished products are sold and shipped outside Missouri. H. THE ORGANIZATION INVOLVED Local No. 173, International Upholsterers Union, is a labor organi- zation affiliated with the American Federation of Labor, admitting to its membership all employees of the Company at its Kansas City SUPERIOR FELT AND BEDDING COMPANY 837 -plant, exclusive of supervisors, office and clerical personnel, watch- men, truck drivers, and salesmen. III. THE QUESTION CONCERNING REPRESENTATION On December 6, 1938,1 the Union sent a registered letter to the Company, stating that a majority of the Company's production employees had selected the Union as their representative for pur- poses of collective bargaining and requesting that collective bargain- ing negotiations be instituted. The Company did not reply to this letter. During the latter part of December 1938, spokesmen for the Union met several times with representatives of the Company and again made the claim and request set forth in the afore-mentioned letter of December 6, 1938. On these occasions the Company denied the Union's claim of majority and refused to enter into collective bargaining negotiations. The Company, in its answer and amended answer to the amended petition for investigation and certification of representatives, reit- erated its denial of the Union's claim of majority. 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT In its amended petition the Union 'alleged that all employees of the Kansas City plant of the Company, exclusive of supervisors, office and clerical personnel, watchmen, truck drivers , and salesmen, constitute a unit appropriate for the purposes of collective bargain- ing. The Company, both in its ` answer and amended answer, admitted that such a unit is a proper bargaining unit. We see no reason for departing from the unit thus agreed upon by the parties. We do not understand, however, that J. W. McAnany, temporary employee, was intended to be included therein. McAnany, whose name appears on the pay roll of the Kansas City plant of 1 The record does not disclose whether the Union sought to bargain collectively with the Company prior to December 6, 1938. 838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD- July 1, 1939, was given employment in June 1939, to terminate upon his return to school in September 1939. We shall exclude McAnany- from the bargaining unit.2 We find that all the employees of the Company, at its Kansas- City plant, excluding supervisors, office and clerical personnel, watch- men, truck drivers, and salesmen, and excluding J. W. McAnany,, constitute a unit appropriate for the purposes of collective bargain- ing, and that said unit will insure to employees of the Company the- full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing the Union introduced in evidence authorization cards and applications for membership 3 of a substantial majority of the employees at the Kansas City plant. Thus a comparison of the cards and applications for membership with the four pay rolls intro- duced in evidence shows that assent to, representation by the Union- for collective bargaining purposes was signified by 27 of the 30 em- ployees on the November 10, 1938, pay roll, by 26 of the 27 on the December 6, 1938, pay roll, by 25 of the 30 on the May 9, 1939, pay roll, and by 26 of the 33 employees on the July 1, 1939, pay roll. The. cards and applications introduced in evidence were, however, signed between July and November 1938. Further, the Company contends. and offered testimony of most of the employees who signed such cards 'and applications that they no longer wish to be represented by the Union. . Under the circumstances, the question concerning repre- sentation can best be resolved by a secret ballot. We shall accord- ingly direct that an election by secret ballot be held.4 We shall direct that employees at the Kansas City plant within the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the Direction of Election, here- inafter set forth, including employees who did not work during such pay-roll period because they were ill or on vacation and employees. who were then or have since been temporarily laid off, but excluding any such employees who have since quit or been discharged for cause,. 2 Cf. Matter of The Cudahy Packing Company and United Packinghouse Workers of America, Local No. 21, of the Packinghouse Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, 13 N. L. R. B. 626. 3 Until a change of name to its present designation at its National Convention held. about July 1938, the Union was known as the Upholsterers, Furniture, Carpet, Linoleum and Awning Workers. This previous designation appeared on the cards and applica- tions introduced in evidence. *Matter of Armour & Company and United Packinghouse Workers, Local Industrial Union No. 13, Packinghouse Workers Organizing Committee, affiliated with the C. 1. 0., 13 N. L. R. B. 567; Matter of The Cudahy Packing Company and United Packinghouse Workers of America, Local No. 21 of the Packinghouse Workers Organizing Committee,. affiliated with the Congress of Industrial Organizations , 13 N. L. R. B. 526. SUPERIOR FELT AND BEDDING COMPANY 839, shall be eligible to vote to determine whether or not they wish to be represented by the Union. 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 Superior Felt and Bedding Company,_ North Kansas City, Missouri, within the meaning of Section 9 (c), and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company at its Kansas City plant, exclu- sive of supervisors, office and clerical personnel, watchmen, truck: drivers, and salesmen, and excluding J. W. McAnany, constitute v unit appropriate for the purposes of collective bargaining, within the; meaning of Section 9 (b) of the National*Labor Relations Act.. 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations=Series 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining, an election by secret ballot shall be conducted within a period of fifteen (15) days from the date of this Direction of Elec- tion under the direction and supervision of the Regional Director for the Seventeenth Region, acting in this matter as agent for the Na- tional Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Superior Felt and Bedding Company, North Kansas City, Missouri, who were employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay-roll period'because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding any such employees who have since quit or been discharged for cause and excluding supervisors, office and clerical personnel, watchmen, truck drivers, salesmen, and J. W. McAnany, to determine whether or not they desire to be repre- sented by Local No. 173, International Upholsterers Union, for the-- purposes of collective bargaining. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Election. 190935-40-vol. 14--54