Tucker Duck & Rubber Co., Inc.

In the Matter of TUCKER DUCK & RUBBER Co., 'INC. and UPHOL- STERERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL #252, AFFILIATED WITH AMERICAN FEDERATION OF LABOR Case No. B-0976.-Decided October 15, 19111 Jurisdiction :, household furnishing manufacturing industry. Investigation and Certification of Representatives : existence of question : stipu- lated ; election necessary. Unit Appropriate for Collective Bargaining : all maintenance and production em- ployees at all three of the Company's plants, including watchmen, but excluding supervisory and clerical employees. . Mr. J. S. Daily, of Fort Smith, Ark., for the Company. Mr. A. E. Debrucque, of Fort Smith, Ark., and Mr. Ed. Conrad, of Houston, Tex., for the A. F. of L. . Mr. Ernest k arsh, of New York City, and Mr. Davis Spears, of Fort Smith, Ark., for- the C. I. O. Mr. Dan M. Byrd, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION . STATEMENT OF THE CASE On July 19, 1941, Upholsterers International ` Union of North America, Local #252, affiliated with American Federation of Labor, herein called the A. F. of L., filed with the Regional Director for the Fifteenth Region (New Orleans, Loui'sian`a) ,i. petition alleging that a' question affecting commerce had arisen concerning the repre- sentation of employees of Tucker Duck & Rtibber' Co., Inc., Fort Smith, Arkansas, herein called the Company, .;and. requesting an investigation and certification of representatives pursuant'to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 23, 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, ordered an investiga- 36 N. L. R. B., No. 23. 132 TUCKER DUCK & RUBBER CO.,' INC. 133 tion and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 27, 1941, the Regional Director issued a notice of hear- ing, copies of Which .;ere duly served upon the Company, the A. F. of L., and United Furniture Workers of America, Local 1651, affiliated with the Congress of Industrial Organizations, herein called the C. I. 0., a labor organization claiming to represent employees directly affected by the investigation.. On September 5, 1941, pur- suant to notice, a hearing was held at Fort Smith, Arkansas, before Charles A. Kyle, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the A. F. of L., and, the C. I. O. were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to intro- duce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made various rulings on 'motions and . on'1obj detions 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 September 30; 1941, after the close of the hearing, the Company, the A. F. of L., ' and the C. I. 0., entered into a stipulation setting forth certain facts relating to the business of the Company. This stipulation is herewith admitted into evidence and made a part of the record in these proceedings. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Tucker Duck & Rubber Co., Inc., an Arkansas corporation, is engaged in the manufacture of folding furniture, cots, stools, chairs, awnings, tents, mops, and mop heads at its three plants in Fort Smith, Arkansas, kwhich it operates as two units. The Company normally employs an average of 125 persons. During 1940, the Company purchased raw materials, consisting of steel, wood, yarn, and canvas duck, amounting to $152,935 in value, of which 25 per cent was shipped to the Company from States other than the State of Arkansas. During the same period, the Company sold finished products amounting to approximately $352,152 in value, of which approximately 75 per cent was sold out of the State of Arkansas, and shipped into States other than the State of Arkansas. H. THE ORGANIZATIONS INVOLVED Upholsterers International Union of North America, Local #252, affiliated with the American Federation of Labor, is a labor or- ganization . admitting to membership employees of the Company. 134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD United Furniture Workers of America, Local 1651, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION All parties stipulated that a question concerning representation had arisen in that the A. F. of L. and the C. I. O. both claim to represent a majority of the Company's employees within an al- leged appropriate unit. A statement of the Regional Director introduced into evidence shows that the A. F. of L. represents a substantial number of employees within the alleged appropriate unit.' The C. I. O. did not submit any proof of membership to the Regional Director. It based its claim of representation upon a contract dated December 4, 1940, expiring on September 1, 1941, in which it was recognized by the Company as the exclusive representative of the Company's employees within a specified bargaining unit. 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 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 At the hearing the parties agreed that the appropriate unit should consist of all maintenance and production employees at all three of the Company's plants, including watchmen,,but excluding supervisory and clerical employees. By the terms of the contract between the Company and the C. I. 0., referred to above, the C. I. O. was recog- nized as the exclusive representative of all production and maintenance employees, excluding clerical personnel, superintendents, watchmen, and foremen. The Company took no position as to the desire of the C. I. O. to exclude and the A. F. of L. to include the following em- 'The Regional Director reported that the A. F. of L. submitted 46 applications for membership, dated during April, May, and June 1941, all bearing apparently genuine original signatures. The Regional Director reported further that :all 46 signatures are the names of 46 of the 79 employees in the alleged appropriate unit. TUCKER. DUCK & RUBBER CO., INC. 135 ployees within the appropriate unit: William F. Ward, Gertie Biggs, Jewel Burgess, John Gallaher, Gus Boehmer, and J. D. Rice. The record does not disclose whether these employees were regarded as within or without the unit established by the contract between the Company and the C. I. 0. William F. Ward is listed on the Company's pay roll as assistant shipping clerk. He is supervised in his duties by Claud King, the Company's head shipping clerk. Ward has some clerical duties re- quiring him to make shipping tags, but he also loads trucks, carries, cots, and drives trucks. When King is absent, Ward acts as the head shipping clerk. Ward spends about 15 to 20 per cent * of his time in clerical work and the remainder of his time in wrapping, tagging; loading trucks, and taking merchandise to the depot. We find that Ward is not a clerical employee and shall, therefore, include him. Gertie, Biggs has no duties other than making mops, under the supervision of King, the head shipping clerk. She has no supervisory authority. We shall include Biggs in the unit, since it clearly appearg that she is a production employee. Jewel Burgess is the timekeeper on the second floor of one of the, Company's buildings and also operates an electrical machine cutter.. There are two or three electrical cutters usually operated by Floyd Gentine, Jewel Robison, or Jewel Burgess. There is no dispute as -to the eligibility of Gentine *and Robison even though Robison acts as a. timekeeper on the, third floor of the same building. Burgess divides her time equally between her two duties. Under these circumstances,, we shall include Burgess in the unit. John Gallaher is an hourly paid lumber inspector and machine operator in the mill. When working as a lumber inspector, Gallaher checks the contents of box cars containing lumber. In this operation,, a crew of men work with him, taking the lumber out of the box cars- and stacking it. He has no supervisory authority over the four men and has nothing to do with the keeping of their time. When so work- ing, Gallaher comes under the jurisdiction of the mill-room foreman. When not engaged in the lumber inspection, Gallaher works in the mill operating various machines. He spends about 50 per cent of his time on each of the two duties. Gallaher receives 45 cents an hour. The men working with him in the lumber-inspection work receive an un- specified piece rate. The mill-room foreman receives 63 cents an hour; other supervisory employees are paid about 50 cents an hour;. the majority of the machine operators receive from 42 to 45 cents. an hour. We find that Gallaher is not a 'supervisory employee and shall, therefore, include him *within the appropriate unit. Gus Boehmer is the- Company's machinist and receives 57 cents an hour. He has one helper who receives 42 cents an hour. Boehmer's duties require him to make repairs throughout the plant and in times 136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of emergency he may have an additional helper. He may recommend discharge. He is under the direct authority of the superintendent. However, any foreman may direct Boehmer to perform specified main- tenance work and the superintendent only determines , in a case of emergency, which work shall have precedent. We shall include Boehmer, since he is a maintenance employee. J. G. Rice, the electrician in charge of the powerhouse, has one man working under him. Rice receives 63 cents an hour and his helper 45 cents. Rice has authority to direct the helper in his duties. On occasions a third person may be assigned to help the electrician. We find that Rice is a maintenance employee and shall , therefore, include Rice in the appropriate unit. We find that all maintenance and production employees at all three of the Company's plants, including watchmen , but excluding super- visory and clerical employees , constitute a unit appropriate for the purposes of collective bargaining . We find further 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 will 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 parties are in dispute as to the eligibility of certain persons on the Company's seniority list to participate in the election. The C. I. O. desires that these people be allowed to vote. The A. F. of L. and the Company oppose their participation. On April 26, 1941, the Company and the C. I. O. entered into a supplemental agreement to the contract of December 4, 1940, whereby the seniority list established by the December 4, 1940, contract was revised . There are approxi- mately 32 persons named on this list who are not presently employed by the Company. The contract provides that any person who is unable to report for work when called shall be removed from the seniority list. Under these circumstances, we find that any person listed upon the revised seniority list dated April 26, 1941 , who has not declined an offer of employment by the Company shall be eligible to vote in the election. In "accordance with our usual practice, we shall direct that those eligible to vote in the election shall be the employees of the Company within the appropriate unit whose names appear on the. Company's pay roll for the period immediately preceding the date of this Direction of Election, including the aforementioned persons on the seniority list, subject to such limitations and additions as are set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: TUCKER DUCK & RUBBER CO., INC. 137 CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Tucker Duck & Rubber Co ., Inc., Fort Smith, Arkansas, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All maintenance and production employees at all three of the Company's plants, including watchmen, but excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Libor 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 Tucker Duck & Rubber Co., Inc., Fort Smith, Arkansas, 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 Fif- teenth 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 maintenance and production employees of the Company at its three plants in Fort Smith, Arkansas, who were employed during the pay-roll period immediately preceding the date of this Direction, including persons whose names appear on the re- vised seniority list dated April 26, 1941, who have not declined an offer of employment by the Company, and employees who 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 dis- charged for cause, to determine whether they desire to be represented by Upholsterers International Union of North America, Local #252, affiliated with the American Federation of Labor, or by United Fur-. niture Workers of America, Local 1651, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining,, or by neither. MR. GERALD D. REILLY took no part in the consideration of the above Decision and Direction of Election.