Smith Cabinet Manufacturing Co.

In the Matter of FORD A. SMITH, BLANCHE F . , SMITH, AND WILLIAM G. SHANKS, PARTNERS DOING BUSINESS AS SMITH CABINET MANUFAC}- TURINn"COMPANY and UNITED BROTHERHOOD OF CARPENTERS'&' JOINERS, LocAL No. 1699 (AFL) Case No. B-3036.-Decided October 23, 1941 Jurisdiction : radio cabinet manufacturing industry. Practice and Procedure : petition dismissed where union has not made a suf- ficient showing of present representation of employees in the alleged appro- priate unit to raise a question concerning representation of employees in such unit. Mr. Fae W. Patrick, of Indianapolis, Ind., for the Company. Mr. C. A. Shuey and Mr. John Sands, of Indianapolis, Ind., for the Union. Mr. Armin Uhler, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On July 21 'and September 4, 1941, respectively, United Brother- hood of Carpenters & Joiners, Local No. 1699 (AFL), herein called' the Union, filed a petition and an amended petition with the Regional Director for the Eleventh Region (Indianapolis, Indiana) alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Ford A. Smith, Blanche F. Smith, and William' C. Shanks, Partners doing business as Smith Cabinet Man- ufacturing Company, Salem, 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 September 10, 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 investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 36 N. L. R. B., No. 70. 363 364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On September 13, 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 September 22, 1941, at Salem, Indiana, before Arthur R. Donovan, the Trial Ex- ..aminer duly designated by the Chief Trial Examiner. The Com- pany.was represented by counsel and the Union. by an official repre- sentative; both participated in.the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. No objections to the rulings of the Trial Examiner were made by any of the parties. 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 I. THE BUSINESS OF THE COMPANY Smith Cabinet Manufacturing Company is a partnership doing business at Salem, Indiana, and is composed of Ford A. Smith, Blanche F. Smith, and William C. Shanks. The Company is engaged in the manufacture, sale, and distribution of radio cabinets and similar articles of wooden furniture. The Company operates a manufactur- ing plant at Salem, Indiana. Approximately 50 per cent of the raw materials purchased and the finished products sold by the Company move in interstate commerce.' During the past 3 months the Company has had in its employ approximately 950 employees. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED United Brotherhood of Carpenters and Joiners, Local No. 1699, is a labor organization affiliated with the American Federation 'of Labor, admitting to membership employees of the Company. - III. THE QUESTION CONCERNING REPRESENTATION The Union has instituted this proceeding for the purpose of having a bargaining unit established, comprising all of the Company's pro- duction and maintenance employees, excluding supervisory and clerical ,employees. An examination of the evidence upon which the Union's representation claims rest leads us to conclude that no sufficient show- ing has been made of representation among the employees in the alleged 1 It was stipulated that the facts concerning the Company's business are as found in the Trial Examiner's Intermediate Report in Case No. C-1780, involving the parties herein. SMITH CABINET MANUFACTURING COMPANY 365 appropriate unit. A statement prepared by the Regional Director and introduced in evidence discloses the following : The Union sub- mitted 217 membership application cards, 6 of which are duplicates. Of the remaining 211 cards, 7 are dated in September 1939; 41 between March. and December 1940; 97 between March and August 1941; and 53 "April, 194- through September, 194-"; and 13 are undated. All of the above 211 cards bear what appear to be genuine original signatures, but only 155 of these signatures correspond to names of employees on the Company's pay roll of July 19, 1941. This pay roll shows a total of 932 non-supervisory employees, approximately 875 of whom the Union alleged in its amended petition to be in the appropri- ate unit. Under these circumstances, we find that no question has arisen concerning the representation of employees of the Company. We shall order that the petition be dismissed.2 Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLusION OF LAW No question concerning the representation of employees of Ford A. Smith, Blanche F. Smith,'and William C. Shanks, Partners doing business as Smith Cabinet Manufacturing Company, in a unit which is appropriate for the purposes of collective bargaining has arisen within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis of the above findings of fact and conclusion of law, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of Ford A. Smith, Blanche F. Smith, and William C. Shanks, Partners doing business as Smith Cabinet Manufacturing Company, filed by United Brotherhood of Carpenters & Joiners, Local No. 1699 (AFL), be, and it hereby is, dismissed. . MR. GERARD D. REILLY took no part'in the consideration of the above Decision and Order. 2Matter of Western Union Telegraph Company and Commercial Telegraphers Union, Local 48, A. F. L., 31 N. L. R. B., No. 106; Matter of Montgomery Ward d Company and Office Employees Union No. 16821, affiliated with the American Federation of Labor, 31 N. L. R. B., No. 153.