Butler Specialty Co.

In the. Matter of BUTLER SPECIALTY COMPANY, A CORPORATION and UNITED FURNITURE WORKERS OF AMERICA, LOCAL 18-B, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, and FURNITURE, WOODWORKERS & FINISHERS UNION, LOCAL 18-B OF THE UPHOL- STERERS INTERNATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR. Case No. R-1847.-Decided June 7, 1940 -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 no bar to-Unit Appropriate for Collective Bar- gaining : all production and maintenance employees, including watchmen, but excluding clerical and supervisory employees ; stipulation as to-Election Ordered Mr. Stephen M. Reynolds, for the Board. Wolf & Love by Mr. Stephen Love, of Chicago, Ill., for the Company. Meyers cfi 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 ELECTION STATEMENT OF THE CASE On April 4, 1940, United Furniture Workers of America, Local 18-B, affiliated with the Congress of Industrial Organizations,' herein called the United, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affect- ing commerce had arisen concerning the representation of employees of Butler Specialty Company, Chicago, Illinois, herein called the Company, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Rela- 1 The name of the petitioning union was amended at the hearing. The petition was filed under the name of United Furniture Workers of America, Local 18-B, affiliated with the C. I. O. 24 N. L. R. B., No. 4& 497 498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions Act, 49 Stat. 449, herein called the Act. On, May 15, 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 14, 1940, the Regional Director issued a notice of hearing, and on May 15, 1940; an amended 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 organ- ization claiming to represent employees directly affected by the in- vestigation. Pursuant to the notice, a hearing was had on May 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 close of the hearing the Company moved to dismiss the petition on the ground that the Com- pany had not refused to bargain collectively and that a -valid and binding collective bargaining agreement was in existence. The Trial Examiner did not rule on 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 and the admissibility of evidence. The Board has reviewed the rulings of the Trial Examiner and finds 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, Butler Specialty Company, is an Illinois corpora- tion. It maintains its main offices and a factory in Chicago, Illinois, and display rooms in New York City, Chicago, Illinois, and San Francisco, California. At its Chicago, Illinois, factory, which alone is involved in this proceeding, it is engaged in the manufacture of wall racks, magazine baskets, tables, pier cabinets, and sewing baskets. During the period from March 1, 1939, to March 1, 1940, it purchased for its factory large quantities of raw materials, consisting of lumber, BUTLER SPECIALTY COMPANY 499 plywood, and finishing materials,' of which 90 per cent represented shipments from points outside Illinois. During the same period, the sales of products from the Chicago factory amounted to $669,241.73, of which $601,450.49 represented shipments of finished products to points outside Illinois. II. THE ORGANIZATIONS INVOLVED United Furniture Workers of America, Local 18-B, is a labor organization 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 organ- ization affiliated with the American Federation of Labor. It admits to membership production and maintenance employees of the Com- pany. III. THE QUESTION CONCERNING REPRESENTATION In the past the Company had had some dealings with the Uphol- sterers, including a statement of policy, but had not entered into any collective agreement with it. During February 1940 a representative of the United called on the Company and requested recognition 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 the employees concerned. 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 parties stipulated, and we find, that all production and mainte- nance employees of the Company at its Chicago factory, including watchmen, but excluding supervisory and clerical employees, consti- 500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tute a unit appropriate for collective bargaining. We find that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The parties stipulated, and we find, that both the United and the Upholsterers have a substantial membership among the employees in the unit we have found appropriate in Section V above. We find that an election will best resolve the question concerning representa- tion. Those eligible to vote in this election, shall be the employees in the appropriate unit who were employed during the pay-roll period im- mediately 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 employees who have since quit or been discharged for cause. The United shall be desig- nated 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 and upon the entire record in this case, the Board makes the following : CONcI usIONs OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Butler Specialty Company, Chicago, Illi- nois, at its Chicago, Illinois, factory, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company at its Chicago, Illinois, plant, including watchmen, but excluding super- visory and clerical employees, constitute a 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, 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 BUTLER SPECIALTY COMPANY 501 with Butler Specialty Company, Chicago, Illinois, 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 Thirteenth Region, acting in this matter as agent for the National Labor Re- lations Board, and subject to Article III, Section 9, of.said Rules and Regulations, among all production and maintenance employees of the Company iat' its Chicago, Illinois, factory, including watch- men, 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 supervisory and clerical employees and em- ployees who have since quit or been discharged for cause, 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 & Finish- ers 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. 183035-42-vol. 24-33