Craddock Furniture Co.

In the Matter Of CRADDOCK FURNITURE Co. and UNITED FURNITURE WORKERS OF AMERICA, LOCAL 312, AFFILIATED WITH THE C. I. O. Case No. R-29449.-Decided April °220, 1941 Jurisdiction : furniture manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until it is certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : production, maintenance, and ship- ping employees , exclusive of supervisory and clerical employees ; agreement as to. Mr. Arthur R. Donovan, for the Board. Mr. Jsador Kan, of Evansville, Ind., for the Company. Mr. Joseph D. Persily, of Indianapolis, Ind., and Mr. Joe Hood, of Evansville, Ind., for the Union. Mr. William H. Bartley, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 26, 1941, United Furniture Workers of America, Local 312, affiliated with the C. I. 0., herein called the Union, filed with the Regional Director for the Eleventh Region (Indianapolis, Indiana) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of the Craddock Fur- niture Company, Evansville, Indiana, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 26, 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 Labor Rela- tions Board Rules and Regulations-Series -2, as amended, ordered tin investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 27, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the 31 N. L. R. B., No. 32. 187 I 188 DECISIONS OF NATIONAL , LABOR RELATIONS BOARD Union. Pursuant to notice, a hearing was held on April 3, 1941, at Evansville, Indiana, before Arthur R. Donovan, the Trial Examiner duly designated by the Chief Trial Examiner. The Company was Iepresented by counsel and the Union by its representative; both participated in the hearing. Full opportunity to be heard, to ex- amine and cross-examine witnesses and to introduce' evidence bearing on the issues was afforded all parties. During the course of the hear- ing the Trial Examiner made several rulings on motions and on ob- jections 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 April 14, 1941, the Company submitted 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 Craddock Furniture Company is an Indiana corporation, operating a plant at Evansville, Indiana, where- it is engaged in the manufacture and sale of novelty furniture. The only raw material obtained by the Company is wood, and during the past 12 months approximately 75% of such wood came from sources outside the State of In- diana, and this amounted to in excess of $50,000. Approximately 75% of the Company's sales was made to firms located outside of i the State of Indiana, and amounted to approximately more than $175,000. The Company admits that it is engaged in interstate commerce within the meaning of the, Act. I II. THE ORGANIZATION INVOLVED United Furniture Workers of America, Local 312, is a labor organ- ization, affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The-Company has refused to grant exclusive recognition to the Union until it is certified by the Board. A statement of the Regional Director, introduced at the hearing, shows that the Union represents a substantial number of the employees in the unit, alleged by it to be appropriate.' 'The Regional Director 's statement shows that the Union has presented to him signed application cards of 42 employees whose names were on the Company 's pay roll of March 7, 1941, 19 of which were dated during the first 4 months of 1941 and the remainder of which were undated . There are approximately 110 employees in the alleged appropriate unit. CRADDOCK FURNITUE COMPANY 189 We find that a question has arisen concerning the 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 I elation 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 Company and the Union agreed at the hearing, and we find, that all production, maintenance, and shipping employees, at the Evansville plant of the Company, exclusive of supervisory and cler- ical employees constitute a unit appropriate for the purposes of col- lective bargaining. We find further that said unit will insure to the 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 an election by secret ballot. The Union urges that the February 22, 1941, pay roll, the pay roll for the period during which it requested recognition, be used to deter- mine eligibility to vote in an election. In support of this the Union alleges that after February, 22, 1941, certain employees were given raises and others were called into the office of the president and the foremen for discussions regarding their union membership. There was no proof of these assertions in the record and the Union indi- cated that it was not going to file charges of unfair labor practices. The Company asks that a current pay-roll date be used to determine eligibility to vote in the election. The record shows that a number of new employees have been hired since February 22. Under all of the circumstances, we shall, in accordance with our usual practice, direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction of Election. 190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Craddock Furniture Company, Evansville, Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production, maintenance, and shipping employees at the Evansville plant of the Company, excluding supervisory and cleri- cal employees, constitute a unit appropriate for the purposes of col- lective 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 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 Craddock Furniture Co., Evansville, Indiana, 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 Eleventh Region, acting in this matter as agent for the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among all production, maintenance, and shipping em- ployees of Craddock Furniture Co., Evansville, Indiana, whose names appear upon the Company's pay roll immediately preceding the date of this Direction of Election, including any employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding supervisory and clerical employees, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Furniture `Yorkers of America, Local 312, affiliated with the C. I. O. for the purposes of collective bargaining.