J. C. Spach Wagon Works, Inc.

In the Matter of J. -C. SPACH WAGON WORKS, INC. and UPHOLSTERERS' INTERNATIONAL UNION OF NORTH AMERICA, (AFL) Case No. R-2435.-Decided April 21,-1941 Jurisdiction : furniture manufacturing industry. Investigation and Certification of Representatives : existence of questions: re- fusal to accord petitioning union,recognition until it is certified by the Board ; elections necessary. Units Appropriate for Collective Bargaining : (1) production employees, exclud- ing clerical, maintenance, and supervisory employees and watchmen;. and (2) watchmen, firemen, and maintenance employees, respectively, at three plants of the Company. Mr. L. P. McLendon, of Greensboro, N. C., for the -Company. Mr. J. M. Wells, Jr., and Mr. George Walker, of Winston-Salem, N. C., for the International. Mr. R. Clyde Cabell, of Winston-Salem, N. C., for the Brotherhood. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On February 5, 1941, Upholsterers' International Union of North America (AFL), herein called the International, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of J. C. Spach Wagon Works, Inc., Winston-Salem, North Carolina, herein called the Com- pany, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 17, 1941, 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 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 March 19, 1941, the Regional Director issued a notice of hear- irig, copies of which were duly served upon the Company and the 31 N. L. R. B., No. 21.- 149 150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International. Pursuant to notice, a hearing was held on March 27, 1941, at Winston-Salem, North, Carolina, before Charles Y. Latimer, the Trial Examiner duly designated by the Chief Trial Examiner. At the commencement of the hearing, the Trial Examiner granted a motion to intervene filed by International Brotherhood of Firemen and Oilers (AFL), herein called the Brotherhood, a labor organiza- tion claiming to represent employees directly affected by the investi- gation.) The Company and the International were represented by counsel, the Brotherhood by its representative ; all participated in the bearing. 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 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 J. D. Spach Wagon Works, Inc., a North Carolina corporation, operates three plants 'at Winston-Salem, North Carolina , where it is engaged in the manufacture of furniture . The Company purchases raw materials valued at approximately $225,000 annually. The principal raw material used by the Company is lumber, 15 per cent of which is shipped to the Company from points outside the State of North Carolina . The Company sells finished products valued at approximately $600,000 annually , about 90 per cent of which are shipped by it to points outside the State of North Carolina. The Company employs approximately 350 employees. II. THE ORGANIZATIONS INVOLVED Upholsterers' International Union of North America is a labor organization affiliated with the American Federation of Labor. It admits to membership employees in all three plants of the Company. International Brotherhood of Firemen and Oilers is a labor organi- zation. affiliated with the American Federation of Labor. It admits to membership employees in all three plants of the Company. 1 On March 25 , 1941 , the Brotherhood filed a petition with the Regional Director. The Regional Director designated the case initiated by this petition as Case No . V-R-677. All the parties agreed at the hearing to- proceed on the petition filed by the International and the petition filed by the Brotherhood as though the cases were formally consolidated. We.. have affirmed the ruling of the Trial Examiner permitting the Brotherhood's intervention herein and we shall determine all issues in the instant proceeding. J. C. SHACH WAGON WORKS, INC. 151 III. THE . QUESTIONS CONCERNING REPRESENTATION In the early part of February 1941, the International requested the Company to recognize it as the exclusive representative of employees in the Company's three plants. The Company stated that it would- not recognize the.International until it was certified by the Board. A statement of the Regional Director introduced in evidence shows that the International represents a substantial number of employees in the alleged appropriate unit.2 We find that questions have arisen concerning the representation of employees of the Company. - I1'. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and- substantial relation to trade, traffic, and commerce among the several States and•tend to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNITS The International urges that all production employees in Plant A, Plant B, and Plant C of the Company, excluding clerical, mainte- nance, and supervisory employees and watchmen, constitute an appropriate unit. The Brotherhood urges that all watchmen, fire- men, and maintenance employees at Plant A, Plant B; and Plant C, of the Company constitute an appropriate unit. The Company has no objection to the composition of the units urged by' the Interna- tional and the Brotherhood, but contends that each of its plants should constitute a separate appropriate unit. All three of the Company's plants are within a. 2-mile area, and are under the supervision of a single superintendent. The Com- pany contends that each of its plants is a self-contained unit. It appears from the record that the same or similar machinery is used in all three plants and that many of the employees in the different plants do similar work. There are approximately 116 employees in Plant A, 125 employees in Plant B,' and 115 employees in Plant C. 2 The Regional Director 's statement shows that 191 employees whose names appear on the Company's pay roll of February 5, 1941, have signed membership application cards in'the International . There are approximately 350 employees on the February 5, 1941, pay roll. A representative of the Brotherhood testified that the Brotherhood has members employed in all three plants of the Company who are also in the unit alleged by it to be appropriate. 152 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD The International and the Brotherhood represent employees in each of the plants. So far as the record discloses, collective bargaining at the Com- pany's plants was initiated in the fall of 1939 . On November 27, 1939, the Company and the United Brotherhood of Carpenters and Joiners of America entered into an exclusive contract which, expired on November 27, 1940. This contract recognized the United Brotherhood of Carpenters and Joiners of America as the exclusive representative of the employees in all three plants of the Company. In view of the nature of the Company 's operations and in view of the past bargaining history on a three-plant basis, as evidenced by the contract referred to above, we find that collective bargaining with the Company should be on a three -plant basis. We find that all production employees in Plant A, Plant B, and Plant C of the Company , excluding clerical , maintenance, and super- visory employees and watchmen, constitute a unit appropriate for the purposes of collective bargaining and that such 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. We further find that all watchmen, firemen, and maintenance em- ployees in Plant A , Plant B, and Plant C of the Company , excluding supervisory employees, constitute a unit appropriate for the purposes of collective bargaining and that such 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 We find that the' question concerning representation which has arisen can best be resolved by elections by secret ballot. The Com- pany, the International, and the Brotherhood agreed that in the event the Board directed elections , eligibility to vote in such elections should be determined on the basis of the Company's pay roll of February ••5, 1941 . In view of tha lapse of time since that pay roll, we shall, in accordance with our-usual practice direct that the em- ployees of the Company eligible to vote in the elections shall be those -in the ' appropriate units whose' names appear on the Company's, .pay roll for the period immediately preceding the date of the Direc- tion of Elections herein, subject to such limitations and additions .as are set forth in the Direction hereinafter. 'Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the -following : J. C. SHACH WAGON WORKS, INC. 153 CONGLusIONs OF LAW 1. A question affecting commerce has arisen concerning the rep- resentation of employees of J. C. Spach Wagon Works,' Inc., Winston-Salem, North Carolina, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production employees in Plant A, Plant B, and Plant C of the Company, excluding clerical, maintenance, and supervisory employees and watchmen, constitute a unit appropriate for the, pur- poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. All watchmen, firemen, and maintenance employees in Plant A, Plant B, and Plant C of the Company, excluding supervisory em- ployees, 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 ELECTIONS 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 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with J. C. Spach Wagon Works, Inc., Winston-Salem, North Caro- lina, 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 Direc- tor for the Fifth 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 : (1) among all production employees in Plant A, Plant B, and Plant C of the Company 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 or in the active military service or train- ing of the United States, or temporarily laid off, but excluding cleri- cal, maintenance,' and supervisory employees, watchmen, and em- ployees who have since quit or been discharged for cause, to de- termine whether or not they desire to be represented by Upholsterers' International Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining; and 154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (2) among all watchmen, firemen, and maintenance employees in Plant A,-Plant B, and Plant C of the Company 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 or in the active mili- tary service or training of the United States, or temporarily laid off, but excluding supervisory employees and employees who have since quit or been discharged for cause, to'determine whether or not they desire to be represented by International Brotherhood of Firemen and Oilers, affiliated with the American Federation of Labor, for the purposes of collective bargaining.