Dreamland Bedding & Upholstery Co.

III the Matter of DREAMLAND BEDDING & UPHOLSTERY CO., JOHN HOEY COMPANY, PACIFIC FELT COMPANY , ROME CO., INC., RUTHERFORD & HOOD, SAN FRANCISCO BEDDING COMPANY , SUNSET FEATHER COM- PANY, WILSON & JANSEN and UNITED FURNITURE WORKERS OF AMERICA, C . I. 0., #262 , FURNITURE WORKERS UNION # 1541, A. F. OF L. Cases Nos. RE-7 to RE-13, Inclusive SECOND SUPPLEMENTAL DECISION AND ORDER July 3, 1940 On April 19, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding.' Pursuant to the Direction of Elections, an election by secret ballot was conducted' on April 26 among em- ployees of Pacific Felt Company, San Francisco, California, a cor- poration, herein called the Company, under the direction and super- vision of the Regional Director for the Twentieth Region (San Fran- cisco, California). On May 3, the Regional Director, acting pursu- ant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report upon the secret ballot, in which she reported that 18 votes had been cast in the, election and 17 counted ; that 8 of those counted were for the Furniture Workers Union, Local #1541, United Brotherhood of Carpenters and Join- ers of America, A. F. of L., herein called the Furniture Workers, and 9 were for United Furniture Workers of America, Local #262,' C. I. 0., herein called the United; and that the remaining 1 of the ballots cast, by one Ocken, had not been counted because of a chal- lenge thereto by the United on the ground that such person was not an employee of the Company at the time of the election. The Re- gional Director, further ruled and recommended that the Board find that Ocken was an employee and that his ballot should be counted. On May 6 the United filed with the Regional Director its objections 122N.L R B 1120 25 N. L. R. B., No 9. 26 DREAMLAND BEDDING & UPHOLSTERY COMPANY 27 to this report, and on May 10 the Regional Director issued a Report on Objections.' On June 3 the Board issued a Supplemental Decision and Supplemental Direction,' copies of which were duly served on the parties, among other things, sustaining the rulings, findings, and recommendations of the Regional Director in her election report, and directing the Regional Director to. count the ballot and make a Supplemental Election Report thereon and serve copies thereof upon the parties. On June 7 the Regional Director, acting pursuant to the Supple= mental Decision and Supplemental Direction, issued and duly served upon the parties a Supplemental Election Report setting forth that on June 3 the Regional Director had opened the challenged ballot, that said ballot was cast for the Furniture Workers, and that upon a count of said ballot the results of the election among employees of the company were as follows : 'total number eligible to vote ------------------------------- 19 Number of votes for Furniture Workers Union, Local #141, A. F. of L------------------------------------------------ 9 Number of votes for United Furniture Workers of America, No. 262, C. I. 0------------------------------------------- 9 Total number of votes counted----------------------------- 18 Number of blank ballots ----------------------------------- 0 Number of void ballots ------------------------------------- 0 No objections to the counting of the ballot or to the Supplemental Election Report have been filed by any of the parties. The results of the election show that no collective bargaining representative has been selected by a majority of the employees of the Company in the unit heretofore found to be appropriate for collec- tive.bargaining. The petition for investigation and certification of representatives of employees of the Company will therefore, be dis- nussed. ORDER By virtue of Section 9 (c) of the Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of the Pacific Felt Com- pany, San Francisco, California, filed herein by said Company be and it hereby is, dismissed. 2 24 N L ii B 306 28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD SAME TITLE] THIRD SUPPLEMENTAL DECISION ORDER AND SUPPLEMENTAL DIRECTION OF ELECTION July 09, 1940 On April 19, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled cases,' wherein the Board, among other things, directed that an election by secret ballot be held among certain employees of Premier Bed and Spring Company, a corporation doing business under the trade name of Rome Co., Inc., San Francisco, California, herein called the Company, to determine whether such employees desired to be represented by United Furniture Workers of America, Local #262, C. I. 0., herein called the United, or by Furniture Workers Union, Local #1541, United Brotherhood of Carpenters and Joiners of America, A. F. of L., herein called the Furniture Workers, for purposes of collective bargaining, or by neither. Pursuant to the Direction of Elections an election by secret ballot was conducted among the aforesaid employees of the Company on April 26, 1940, under the direction and supervision of the Regional Director for the Twentieth Region (San Francisco, California). On May 3, 1940, the Regional Director issued and duly served on the parties herein an Election Report. On May 7, 1940, the United filed herein its Objections to the conduct of the election and to the Election Report. Thereafter the Regional Director issued and duly served on the parties herein a Report on Objections. On July 13, 1940, the Company, the United, the Furniture Work- ers, and counsel for the Board entered into a stipulation and agreement, which provided as follows : This Stipulation and Agreement by and between Premier Bed and Spring Company, a corporation doing business under the trade name of Rome Co., Inc., one of the petitioners in the above entitled matter, hereinafter called the Company, United Furni- ture Workers of America, C. I. 0., #262, party to the above entitled matter, hereinafter called the C. I. O. Union, Furniture Workers Union #1541, A. F. of L., party to the above entitled matter, hereinafter called the A. F. of L. Union, and Leslie '22N L R.B 1120 DREAMLAND BEDDING & UPHOLSTERY COMPANY 29 Lubliner, Attorney for the National Labor Relations Board in the above entitled matter; witnesseth: Whereas, on April 19, 1940, the _ National Labor Relations Board 'issued its Decision and Direction of Elections in the above entitled matter ; and Whereas, on April 26, 1940, pursuant to said Decision and Direction of Elections, an election was conducted among the employees of Rome Co., Inc. ; and Whereas, on May 6, 1940,2 certain objections were filed pur- suant to Article III, Section 9, of the National Labor Relations Board Rules and Regulations, Series 2, as amended, by the C. I. 0. Union; and Whereas, the parties hereto have agreed that the results of said election shall be set aside and a new election conducted; Now, therefore, the parties hereto do hereby agree as follows : (1) The Company shall post immediately, in conspicuous places at its San Francisco plant, and keep posted for a period of thirty (30) days, notices in the form attached hereto as Appendix "A"; (2) Said election above referred to and the results thereof shall be set aside and an election by secret ballot shall be con- ducted as follows : Said election shall be held as soon as possible after the ex- piration of thirty (30) days from the date of the posting of the notices hereinabove referred to among all of the employees of Premier Bed and Spring Company, a corporation doing business under the trade name of Rome Co., Inc., San Francisco, Califor- Illa, engaged in the fabricating, repairing, renovating, assem- bling, or handling of furniture and bedding or parts thereof, including foremen engaged generally as working foremen, help,- ers, apprentices, maintenance men, and all other workers, but excluding executives, salesmen, truck drivers, general office em- ployees, shipping clerks, non-working foremen engaged generally in supervisory non-working duties, and foremen who take no part in the fabricating, repairing, renovating, assembling or handling of furniture, bedding, or parts thereof. All of the employees whose names appeared on the list of eligible voters used in the election above referred to, and no others, shall be eligible to vote in this election, with the ex- ception that employees who have been discharged for cause or who have quit subsequent to March 15, 1940, shall not be eligible to vote in this election. 2 These objections were filed, as above stated, on May 7, 1940 30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD NOTICE TO EMPLOYEES Or PREMIER BED AND SPRING COMPANY, DOING BusINESS AS ROME Co., INC. The following is a copy of Section 7 of the National Labor Relations Act, which is posted here for your nlformation : Section 7. Employees shall have the right to self-organiza- tion, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of col- lective bargaining or other mutual aid or protection. You are hereby notified : 1. Rome Co., Inc., recognizes the right of its employees to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choos- ing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 2. Rome Co., Inc., and its officers and agents, will not in any manner interfere with, restrain, or coerce its employees in the exercise of the above rights. 3. Rome Co., Inc., and its officers and agents, will not dis- courage membership in any bona fide labor organization of its employees, by discharging, threatening to discharge, or by re- fusing to reinstate any of its employees, or by refusing to hire any applicants for employment, or by discriminating in any other manner against them in regard to hire or tenure of em- ployment, or any term or condition of employment, because they have joined or assisted any such labor organization. 4. This notice will remain posted for at least thirty (30) days from the date hereof. Dated this ------ day of ------ -------- 1940. PREMIER BED AND SPRING COMPANY, DOING BUSINESS AS ROME CO., INC. By --------------------------------- ExHIBIT "A" The Board hereby approves said stipulation and agreement and the same is hereby ordered filed instanter as a part of the record in these proceedings. In view of this stipulation and agreement we shall set aside as of no force the afore-mentioned election and the results thereof, and shall direct a new election as agreed upon. The unit in which such new election is to be held has heretofore been found herein to be appropriate for collective bargaining purposes. DREAMLAND BEDDING & UPHOLSTERY COMPANY 31 ORDER Upon the basis of the above stipulation and agreement and the entire record in these proceedings and pursuant to Section 9 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the election heretofore conducted herein on April 26, 1940, among employees of the Premier Bed and Spring Company, a corporation doing business under the trade name of Rome Co., Inc., San Francisco; California, and the results of said election be, and the same hereby are, set aside, and determined to be of no force or effect whatsoever. SUPPLEMENTAL 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 Re- lations Act, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for purposes of collective bargaining with Premier Bed and Spring Company, a corporation doing business under the trade name of Rome Co., Inc., San Francisco, California, an election by secret ballot shall be conducted as soon as possible, after the expiration of thirty (30) days from the date of posting by said Company of notices in the form set forth in Appendix A at- tached--hereto and made a -part hereof, in conspicuous places at the San Franciso plant of said Company, said election to be conducted under the direction and supervision of the Regional Director for the Twentieth 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 all employees of Premier Bed and Spring Company, a corporation doing business under the trade name of Rome Co., Inc., San Francisco, California, engaged in the fabri- cating, repairing, renovating, assembling, or handling of furniture and bedding or parts thereof, including foremen engaged generally as working foremen, helpers, apprentices, maintenance men, and all other workers, but excluding executives, salesmen, truck drivers, general office employees, shipping clerks, non-working foremen en- gaged generally in supervisory non-working duties, and foremen who take no part in the fabricating, repairing, renovating, assembling or handling of furniture, bedding, or parts thereof whose names ap- peared on the list of eligible voters.used in the election heretofore conducted herein among such employees on April 26, 1940, but exclud- ing all employees who since March 15, 1940, have quit or been dis- 32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD, charged for cause, to determine whether or not such employees desire to be represented by United Furniture Workers of America, Local #262, C. I. O. or by Furnitiire Workers Union, Local #1541, United Brotherhood of Carpenters and Joiners of America, A. F. of L., for purposes of collective bargaining, or by neither. Mn. WILLIAM M. LEISERSON took no part in the consideration of the above Third Supplemental Decision, Order, and Supplemental Direc- tion of Election. APPENDIX A NOTICE TO EMPLOYEES OF, PREMIER BED AND SPRING COMPANY, DOING BUSINESS AS RODIE CO., INC. The following is a copy of Section 7 of the National Labor Rela- tions Act, which is posted here for your information: Section 7. Employees shall have the right to self-organiza- tion, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of col- lective bargaining or other mutual aid or protection. You are hereby notified : 1. Rome Co., Inc., recognizes the right of its employees to self- organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to ,engage in concerted activities for the purpose of collective bargaining ,or other mutual aid or protection. 2. Rome Co., Inc., and its officers and agents, will not in any manner interfere with, restrain, or coerce its employees in the exer- cise of the above rights. 3. Rome Co., Inc., and its officers and agents, will not discourage membership in any bona fide labor organization of its employees, by discharging, threatening to discharge, or by refusing to reinstate any of its employees, or by refusing to hire any applicants for em- ployment, or by discriminating in any other manner against them in regard to hire or tenure of employment, or any term or condition of employment, because they have joined or assisted any such labor organization. , 4. This notice will remain posted for at least thirty (30) days from the date hereof. Dated this -------- day of ------------, 1940. PREMIER BED AND SPRING COMPANY, DOING BUSINESS As ROME Co., INC. By --------------------------------- 25 N. L. R. B., No 9a.