St. Johns Table Co.

In the Matter Of 'ST. JOHNS TABLE COMPANY and UNITED FURNITURE WORKERS OF AMERICA, LOCAL 417, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-2640.-Decided June 30,1941 Jurisdiction : furniture manufacturing industry. 'Investigation and Certification of -Representatives : existence of question: Com- pany refused to accord union recognition until such time as it had proof union represented a majority of its employees ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding executives, plant supervisors, foremen, and office employees; agreement as to. Mr. A. W. Penny, of Muskegon, Mich., for the Company. Mr. Fred M. Breen, of Cadillac, Mich., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 8,'1941, United Furniture Workers of America, Local 417, affiliated with the Congress of Industrial Organizations, herein called the Union, filed with the Regional Director for the "Seventh Region (Detroit, Michigan) 'a petition alleging that a question affecting com merce had arisen concerning the representation of employees of St. Johns Table Company, Cadillac, Michigan, 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 May 29, 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 Relations Board Rules and Regulations-Series 2, as amended, or- dered.an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice. On June 4, 1941, the Regional Director issued a notice of hearing, copies of which were duly served, upon the Company and the Union. Pursuant to notice, a hearing was held on June 13, 1941, at Cadillac, 33 N. L. R. B., No. 17. 85. 86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Michigan, before Earl R. Cross, the Trial Examiner duly designated by the Chief Trial. Examiner. The Company and the Union were represented and participated in the hearing. Full opportunity to be heard,'to examine and cross-examine witnesses, and to introduceevi- dence 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 preju- dicial 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 St. Johns Table Company is a Michigan corporation with its'prin- cipal place of business at Cadillac, Michigan, where it is engaged in the manufacture of furniture. From May 1, 1940, to April, 30,.1941, the Company purchased raw materials valued at approximately, $254,- 0627 71 per cent of which were shipped to it from points outside the State of Michigan. During the same period the Company sold finished products valued at about $672,989, approximately 86 per cent of which were shipped by it to points outside the State of'Michigan. It admits that it is engaged in interstate commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED i t United Furniture Workers of America, Local 417, is a labor organi- zation affiliated with the Congress of Industrial Organizations. It' admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about May 1, 1941, the Union, claiming to represent a majority of the Company's employees, requested a conference for the purposes of collective bargaining. The Company denied this request until such time as it had proof that the Union represented -a majority of its em- ployees. A statement of the Regional Director, introduced in, evidence at the hearing, shows that the Union represents a substantial number of employees in the alleged appropriate unit.? . We find that a question has arisen concerning the representation. of .employees of the Company. T h e e Regional Director reported that 88 persons whose names appeared on the Company's ,pay roll for the period immediately preceding May 28, 1941, had signed membership 'appli- cation cards in the Union. There are approximately 170 employees in the alleged,appro- priate unit. . " . : , ; ; . I . ST., JOHNS TABLE COMPANY . 87 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 Company, and the Union agreed at the hearing, and we find, that all productionand'maintenance employees of the'Company, excluding executives , plant supervisors, foremen, and office employees , consti- tute a unit appropriate for the purposes of collective bargaining. We further .find 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 an election by secret ballot. The Union and the Company agreed that, in the event the Board directs an elec-, tion, eligibility to vote shall be determined by the Company's pay roll' of June 16, 1941. We find that the employees of the Company eligible to vote in the election shall be those employees whose names appear on the Company's pay roll of June 16, 1941, 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 : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of St. Johns Table Company, Cadillac, Michi- gan, 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, excluding executives, plant supervisors, foremen, and office employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 St. Johns Table Company, Cadillac, Michigan, 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 Seventh 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, production and maintenance employees of the Company whose names appear, on the Company's pay roll of. June 16, 1941, in- cluding employees who did not work during such pay-roll period be- cause they were ill or on vacation or in the active military service or training of the United States or temporarily laid off, but excluding executives, plant supervisors, foremen, office 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 Workers of America, Local 417, affiliated with the Congress of Industrial Organ- izations, for the purposes of collective bargaining.