Banner Bed Co.

In the Matter of. BANNER BED COMPANY and FURNITURE WORKERS UNION LOCAL 18-B, C. I. O. Case No. R-0685.-Decided August 9, 1941 Jurisdiction : bedding manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until it is certified by the Board; contract entered into with a labor organization after second labor organization had filed petition, no bar to ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding clerical, supervisory employees, and teamsters. Mr. H. L. Lieberman, of Chicago , Ill., for the Company. Meyers and Meyers, by Mr. Irving Meyers, of Chicago, Ill., for the C. I. O. Mr. Joseph M. Jacobs, of Chicago, Ill., for the A. F. of L. Mr. Robert S. Fousek, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 5, 1941, Furniture Workers Union Local 18-B, C. I. 0., herein called the C. I. 0., filed with the Regional Director for the Thirteenth Region (Chicago, I11.) a petition alleging that a question affecting commerce had arisen concerning the representation of em-' ployees of the Banner Bed Company, Chicago, Illinois, herein called the Company, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 11, 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. On June 16, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the C. I. O., and Upholsterers International Union of North America, A. F. of L., herein called the A. F. of L., a labor organization claiming to represent 34 N. L. R. B., No. 11. 90 BANNER BED COMPANY 91 employees directly affected by the investigation. Upon motion of the parties a continuance was granted, and on June 23, 1941, the Regional Director issued an amendment notice of hearing, copies of which were duly served upon the Company, the C. I. 0., and the A. F. of L.. Pursuant to notice, a hearing was held on June 30, 1941, at Chicago, Illinois, before Russell Packard, the Trial Examiner duly designated by the Chief Trial Examiner. All parties were represented and par- ticipated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon 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 com- mitted. The rulings are hereby affirmed. Upon the entire record of the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Banner Bed Company is an Illinois corporation having its principal office and place of business at Chicago, Illinois. It is engaged in the manufacture of metal beds, studio ends, bunks, and other metal bedding products. During the calendar year 1940, the Com- pany purchased raw materials valued at $188,381, 20 per cent of which represented purchases from sources outside the State of Illinois which were shipped directly to the Company's plant. Sales for the calendar year 1940, totaled $396,762, 47 per cent of which represented products shipped to points outside of the State of Illinois. II. THE ORGANIZATIONS INVOLVED Furniture Workers Union Local 18-B, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Upholsterers International Union of North America is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 29, 1941, the C. I. O. requested that it be recognized as the exclusive bargaining agent of the Company's employees. The Company refused on the ground that it did not believe the C. I. O. represented a majority of its employees. On June 5., 1941, the C. I. O. filed its petition herein. On or about June 10, 1941, a group of 19 employees purporting to act as a committee of the A. F. of L. went 92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to the Company's office where they signed a blank sheet of paper upon which an officer of the Company later added, "A. F. of L. Committee of Employees 6/10/41." This group then drew up a "contract" which was modified by the Company and a viva voce vote appears to have been taken among the employees of the Company ratifying the "con- tract." Since the "contract" was entered into between the A. F. of L. and the Company with full knowledge of the demands and claim of the C. I. 0., we find that it is no bar to a present determination of representatives.' A statement prepared by the Regional Director and introduced in evidence discloses that the C. I. 0. and the A. F. of L. each represent a substantial number of employees in the alleged appropriate unit.2 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 The C. I. 0., the A. F. of L., and the Company agree that all pro- duction and maintenance employees of the Company, excluding clerical and supervisory employees and teamsters, constitute a unit appropriate for the purpose of collective bargaining. The C. I. 0. would exclude Bob Bowler and Ed Kammer from the unit as supervisory employees. The A. F. of L. and the Company would include them. Bob Bowler works in the shipping department. He works in a supervisory capacity about 10 percent of the time during which time he assigns jobs and directs the activity of four or five men. We 1 Matter of New England Overall Co., Inc. and Amalgamated Clothing Workers of America (C. 1. O) 25 N. L. R. B. 326; Matter of J. Edwards d Co and United Shoe Workers of America, Local 1t7, C 1 0, 20 N. L. R. B. 244. 2 The C. I. O. presented 29 signed application cards to the Regional Director, 24 bearing names of persons on the June 7, 1941, pay roll of the Company . Of the cards 10 were dated in May and June 1941 and 19 were undated . The A. F. of L. presented 25 signed application cards to the Regional Director, 21 of which were dated in June 1941 and 5 of which were undated. Of the 26 cards submitted , 23 bore names of persons on the Com- pany's June 6, 1941, pay roll. There are approximately 37 employees in the alleged appropriate unit. BANNER BED COMPANY 93 find that Bowler is a production employee and We will include him in the unit. Ed Kammer works in various places in the plant. He works in a supervisory capacity about 50 per cent of the time during which time he directs the activity of around 20 men. We find that Kammer is a supervisor and will exclude him from the unit. ' We find that all production and maintenance employees of the Company, excluding clerical and supervisory employees and team- sters, 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 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, and we shall accordingly direct, an election by secret ballot. 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. At the hearing the C. I. O. requested that its name appear on the ballot as: The Furniture & Bedding Workers Union Local 18-B, C. I. O. This request is hereby granted. 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 the Banner Bed Company, Chicago, Illinois, 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 clerical and supervisory employees and teamsters, consti- tute a unit appropriate for the purposes of collective 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, 49 Stat. 449, and pursuant to Article III, Section 8, of 94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as a part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with Banner Bed Company, Chicago, Illinois, 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 Thirteenth 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 and maintenance employees of the Company who were employed during the pay-roll period imme- diately 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 training of the United States, or temporarily laid off, but excluding clerical and supervisory employees and teamsters, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by The Furniture & Bedding Workers Union Local 18-B, C. I. 0., or by Upholsterers International Union of North America, A. F. of L., for the purposes of collective bargaining, or by neither.