Nachman Spring Filled Corp.

In the Matter of NACHMAN SPRING FILLED CORPORATION and UNITED FURNITURE WORKERS OF AMERICA, LOCAL 576, C. I, O. Case No. R-2829-Decided August p21, 1941 Jurisdiction : spring and spring construction 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 and maintenance em- ployees, excluding sales persons, clerical, supervisory, and executive employees Chapman d Woollocott, by Mr. Robert F. Chapman, and Mr. L. N. Cominator, of Los Angeles, Calif., for the Company. Gallagher d Wirin, by Mr. Leo Gallagher, and Mr. S. 0. Brown and Mr. Armando Davila, of Los Angeles, Calif., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 12, 1941, United Furniture Workers of America, Local 576, C. I. 0., herein called the Union, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the representation ' of employees of Nachman Spring Filled Corporation, Los Angeles, California, 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 July 17, 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 July 19, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Compaliy and the Union. Pursuant to notice, a hearing was held on July 29, 1941, at Los Angeles, California, before James A. Cobey, the Trial Examiner duly desig- 34 N. L. R. B., No. 86. - - 689 690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD nated by the Chief Trial Examiner. The Company and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded both parties. During the course of the hearing the Trial Examiner made several rulings with regard 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY` Nachman Spring Filled Corporation is engaged in the manufacture and sale of springs and spring constructions. The Company has its principal office and place of business at Chicago, Illinois. It operates factories in Illinois, North Carolina, Pennsylvania, and California. The factory at Los Angeles, California, is the only plant directly involved in this proceeding. At the Los Angeles plant the Company uses annually the follow- ing approximate amounts of raw materials: 1,560 tons of steel, 120,000 pounds of sisal, 600,000 yards of burlap, and 960,000 yards of sheeting. All such raw materials are brought to the plant from States other than California and from foreign countries. The Company annually ships to points within California finished products valued at about $480,000. The amount of finished products shipped from the plant to points outside California and to foreign countries is negligible. The Com- pany admits that it is engaged in interstate commerce at its Los Angeles plant. II. THE ORGANIZATION INVOLVED United Furniture Workers of America, Local 576, is a labor organi- zation affiliated with the Congress of Industrial Organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union requested the Company to bargain with it concerning the Company's employees. The Company refused to bargain with the Union until it was certified by the Board. A statement prepared by the Regional Director and introduced into evidence discloses that the Union -represents a substantial number of employees in the appropriate unit., IIn support of its claims to represent a majority of the employees in the appropriate unit, the Union submitted to the Regional Director 114 application cards, 91 of which bear names of employees on the Company 's pay roll of June 9, 1941 . At the time of the hearing there were 139 employees in the appropriate unit. NACHMAN SPRING FILLED CORPORATION 691 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 foreign countries and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union contends that all production employees and the main- tenance employee, excluding sales persons and clerical, supervisory, and executive employees, constitute an appropriate bargaining unit. The Company takes no position concerning the appropriate unit. The Company's office, housing its clerical, sales, and executive employees, is physically separated from its production departments. The Union would include in the proposed unit all employees eligible to membership. Under the categories of executive and supervisory employees the Union desires to exclude the plant manager and four foremen who have authority to hire and discharge. We find that all production employees and the maintenance em- ployee of Nachman Spring Filled Corporation, Los Angeles, Cal- ifornia, at the Los Angeles plant, excluding sales persons and clerical, supervisory, and executive employees, constitute a unit appropriate for the purposes of collective bargaining and 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 effec- tuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the rep- resentation of employees of the Company can best be resolved by, and we shall accordingly direct, an election by secret ballot. Those eligible to vote in the election shall be employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, 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: 692 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LNw 1. A question affecting commerce' has arisen concerning the rep- resentation of employees of Nachman Spring Filled Corporation, Los Angeles, California, at the Los Angeles plant within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production employees and the maintenance employee of Nachman Spring ,Filled Corporation, Los Angeles, California, at the Los Angeles plant, excluding sales persons and clerical, supervisory, and executive employees, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the 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 bar- gaining with Nachman Spring Filled Corporation, Los Angeles, California, 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 of Election, under the direction and supervision of the Regional Director for the Twenty-first 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 employees and the maintenance employee of the Company at the Los Angeles plant, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, 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 ex- cluding sales persons, clerical, supervisory, and executive 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 576. C. I. 0., for the purposes of collective bargaining. Ma. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Election.