S. Karpen & Bros.

In the Matter of S. KARPEN & BROS.,' A CORPORATION and! UNITED FUR- NITURE WORKERS OF AMERICA, LOCAL 18-B, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, AND FURNITURE, WOOD- WORKERS & FINISHERS UNION, LOCAL 18-B OF THE UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-184..Decided June 7, 19410 Furniture Manufacturing Industry-Investigation of Representatives: con- troversy concerning representation of employees : rival organizations ; employer refuses to recognize either union until question of majority is decided ; em- ployer's statement of policy is no bar to-Unit Appropriate for Collective Bargaining : by stipulation among parties determination of will depend on result of separate elections in the following groups: ( 1) among employees in the transportation seating division , including the welding, the machine shop, grinding and polishing , tool and die, research and experiment , inspection, tackless assembly , final assembly and finishing, but excluding supervisory and clerical employees ; and (2) among employees of the woodworking department, including the mill room , the trim room or glue room , the cabinet , the carving, the lumber yard, and the finishing room, and the maintenance men, including -firemen, engineers, and general maintenance men, and the spring manufacturing unit, but excluding supervisory and clerical employees-Elections Ordered Mr. Stephen M. Reynold, for the Board. Wolf c€ Love, by Mr. Stephen Love, of Chicago, Ill., for the Company. Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the United. Mr. Joseph M. Jacobs, of Chicago, Ill., for the Upholsterers. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On March 4, 1940, United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations,' 1 The name of the petitioner was amended at the hearing. The petition was filed under the name of Furniture & Bedding Workers , Local 18-B of the United Furniture Workers of America, C. I. O. 24 N. L. R. B., No. 42 474 S. KARPEN & BROS. 475, herein called the United, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of S. Karpen & Bros., Chicago, Illinois, 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 April 27,1940, 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 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On May 6, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the United, and Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union 'of North America, affiliated with the American Federation of Labor, herein called the Upholsterers, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice, a hearing was held onn May 20 and 21, 1940, at Chicago, Illinois, before Josef Hektoen, the Trial Examiner duly designated by the Board. All parties were represented by counsel and participated in the hearing. At the commencement of the hearing the Company moved to dismiss the petition on the ground that the Company had not refused to bargain collectively and that a valid and binding collective bargaining agreement was in existence. The Trial Examiner did not rule upon this motion. The motion is hereby denied, since we find in Section III below that no collective agreement exists. Full opportunity to be heard, to examine and 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, on objections to the admission of evidence, and on the form of questions. 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 I. THE BUSINESS OF THE COMPANY The Company, S. Karpen & Bros., is an Illinois corporation engaged in the manufacture of upholstered furniture, mattresses, and trans- portation seating at Chicago, Illinois. The Company also operates a 476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD plant at Huntington Park, California, and maintains offices and show- rooms at Chicago, Illinois, at San Francisco and Los Angeles, Cali- fornia, and at New York City. Its plant at Chicago, Illinois, is the only one concerned in this proceeding. From March 1, 1939, to March 1, 1940, the Company purchased raw materials for use at its Chicago plant consisting of burlap, cartons, down, glue, hair, lacquer, linters, muslin, sisal, screws, tacks, tape, thread, twine, webbing, spring wire, lumber, panels, moss, covers, leather, and ticking to the approximate value of $1,430,000, about $566,500 of which represents purchases and shipments to the plant from points outside Illinois. During the same period sales of the Company's finished products manufactured at this plant amounted to $2,802,931.87, of which $2,398,541.70 represents sales and shipments to points outside Illinois. II. THE ORGANIZATIONS INVOLVED United Furniture Workers of America, Local 18-B, is a labor organ- ization affiliated with the Congress of Industrial Organizations. It admits to membership production and maintenance employees of the Company. Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, is a labor. or- ganization affiliated with the American Federation of Labor. It admits to membership production and maintenance employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In the past the Company had had some dealings with the Up- holsterers, including a statement of policy, but had not entered into any collective agreement with it. During February 1940 a repre- sentative of the United called on the Company and requested recog- nition of the United as sole bargaining agent of its production and maintenance employees. The Company refused to recognize the United or the Upholsterers until it had been determined which union represented a majority of employees concerned. We find that a question has arisen concerning representation of em- ployees 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 S. KARPEN & BROS. 477 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. DETERMINATION OF REPRESENTATIVES AND THE APPROPRIATE UNIT The parties stipulated, and we find, that the unit or units appropri- ate for the purposes of collective bargaining will depend upon the results of two separate elections, which we shall direct, to be con- ducted among the Company's employees in the following groups: (1) Among employees in the transportation seating division, including the welding, the machine shop, grinding and polishing, tool and die, research and experiment, inspection, tackless assembly, final assembly and finishing, but excluding supervisory and clerical employees; and (2) among employees of the woodworking department, including the mill room, the trim room or glue room, the cabinet, the carving, the lumber yard, and the finishing room, and the maintenance men, includ- ing firemen, engineers, and general maintenance men, and the spring manufacturing unit, but excluding supervisory and clerical employees. If one of the unions receives the votes of a majority of the employees in either group but not in the other group, we will find that the em- ployees in such group constitute an appropriate bargaining unit and will certify such union as the exclusive representative thereof. In the event that the same union receives the votes of a majority of the em- ployees in both groups, we will find that both groups together consti- tute a single appropriate unit and will certify such union as the exclusive representative thereof. Those eligible to vote in the elections shall be the employees in the two groups described above who were employed during the pay-roll period immediately preceding the date of this Direction of Elections, including employees who did not work during said pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding employees who have since quit or been discharged for cause. The United shall be designated on the ballot as Local 18-B, C. I. 0., and the Upholsterers as Local 18-B, A. F. of L. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSION OF LAW . A question affecting commerce has arisen concerning the representa- tion of employees of S. Karpen & Bros., Chicago, Illinois, at its Chi- cago, Illinois, plant, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with S. Karpen & Bros., Chicago, Illinois, elections by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction of Elections, under the direction and supervision of the Regional Director for the Thirteenth 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 emong those employees of S. Karpen & Bros. at its Chicago, Illinois, plant, who fall within the groups described below and who were employed during the pay-roll period immediately preceding the date of this Direction, 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 employees who have since quit or been discharged for cause : 1. All employees in the transportation seating division, including the welding, the machine shop, grinding and polishing, tool and die, research and experiment, inspection, tackless assembly, final assembly and finishing, excluding supervisory and clerical employees, to deter- mine whether they desire to be represented by United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations, or by Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither; and 2. All employees of the woodworking department, including the mill room, the trim room or glue room, the cabinet, the carving, the lumber yard, and the finishing room, and the maintenance men, in- cluding firemen, engineers, and general maintenance men, and the spring manufacturing unit, excluding supervisory and clerical em- ployees, to determine whether they desire to be represented by United Furniture Workers of America, Local 18-B, affiliated with'the Con- gress of Industrial Organizations, or by Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, affiliated-with the American Federation of Labor, for the purposes of collective bargaining, or by neither. S. KARPEN & BROS. 479 [SAME TITLE] AMENDMENT TO DIRECTION OF ELECTIONS June 26, 1940 On June 7, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in this pro- ceeding. The Direction of Elections provided that elections by secret ballot be conducted as early as possible but not later than thirty (30) days from the date of the Direction among those employees of S. Karpen & Bros. at its Chicago, Illinois, plant who fall within the groups described below and who were employed during the pay-roll period immediately preceding the date of this Direction, 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 employees who have since quit or been discharged for cause : 1. All employees in the transportation seating division, including the welding, the machine shop, grinding and polishing, tool and die, research and experiment, inspection, tackless assembly, final assembly and finishing, excluding supervisory and clerical employees, to de- termine whether they desire to be represented by United Furniture Workers of America, Local 18-B, affiliated with the Congress of In- dustrial Organizations, or by Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsters International Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither; and 2. All employees of the woodworking department, including the mill room, the trim room or glue room, the cabinet, the carving, the lumber yard, and the finishing room, and the maintenance men, in- cluding firemen, engineers, and general maintenance men, and the spring manufacturing unit, excluding supervisory and clerical em- ployees, to determine whether they desire to be represented by United Furniture Workers of America, Local 18-B, affiliated with the Con- gress of Industrial Organizations, or by Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. On June 18, 1940, counsel for S. Karpen & Bros., United Furniture Workers of America, Local 18-B, affiliated with the Congress of In- dustrial Organizations, Furniture, Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, affiliated with the American Federation of Labor, and Transportation Seat Workers, Local Union No. 312 of Upholsterers International 480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union of North America, affiliated with the American Federation of Labor, stipulated-and agreed: 1. That on or about June 14, 1940, Transportation Seat Work- ers, Local Union No. 312'of the Upholsterers International Union of North America, affiliated with the American Federation of Labor, was organized among the employees of S. Karpen & Bros. in the following described unit found by the Board to be ap- propriate : All employees in the transportation seating division, in- cluding the welding, the machine shop, grinding and polish- ing, tool and die, research and experiment, inspection, tack- less assembly, final assembly, and finishing, but excluding supervisory and clerical employees. 118 employees in the said unit signed a petition withdrawing from membership in Furniture Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, and designating Transportation Seat Workers, Local Union No. 312 of the Upholsterers International Union of North America, as their representative for purposes of collective bar- gaining. The said '118 employees constitute a substantial per- centage of all the employees in the said-unit. Furniture, Wood- workers & Finishers ,Union, Local 18-B of the Upholsterers Inter- national Union of North America, ask leave to withdraw its name from the ballot in the election covering said unit. 2. It is further stipulated and agreed that the National Labor Relations Board may amend its Direction of Elections in this case issued on June 7, 1940, by striking from the paragraph num- bered 1 thereof the words "Furniture Woodworkers & Finishers Union, Local 18-B of the Upholsterers International Union of North America, affiliated with the American Federation of Labor" and substituting therefor the words "Transportation Seat Work- ers, Local Union No. 312 of the Upholsterers International Union of North America, affiliated with the American Federation of Labor." The Board hereby orders that the stipulation be, and it hereby is, incorporated and made part of the record in the case. In accordance with the above stipulation the Board hereby amends paragraph numbered 1 of its Direction of Elections to read as follows : All employees in the transportation seating division, including the welding, the machine shop, grinding and polishing, tool and die, re- search and experiment, inspection, tackless assembly,. final assembly and finishing, excluding supervisory and clerical employees to de- S. KARPEN & BROS. 481 termine whether they desire to be represented by United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations, or by Transportation Seat Workers, Local Union No. 312 of the Upholsterers International Union of North America, affiliated with the American Federation of Labor, or by neither. 24 N. L. R. B., No. 42a.