Enterprise Upholstering Co.

In the Matter of ENTERPRISE UPHOLSTERING COMPANY and BEDDING Wo *ERS' LOCAL UNION No. 421, AFFILIATED WITH THE UPHOLSTERERS' INTERNATIONAL UNION OF N. A. (A. F. OF L.) Case No. R-3226.Decided December 10, 1941 Jurisdiction : upholstered furniture manufacturing industry. Investigation-and Certification of Representatives : existence of question. Com- pany refused to accord petitioning union recognition because of an alleged subsisting contract with rival union; controversy concerning representation of employees; contract with rival labor organization entered into after Company had notice of petitioning union's claim to representation, no bar to; election necessary. Unit Appropriate for Collective Bargaining : all production employees, excluding supervisory, office, and clerical employees, foremen, timekeepers, and watch- men ; stipulation as to. Mr. Harry A. Michaels, of Boston, Mass., for the Company. Roemer & Reel, by Mr. George L. Roemer, of Boston, Mass., for the Bedding Workers. Grant cC Ango ff, by Mr. Frederic Cohen, of Boston, Mass., for the United. Mr. Frederic B. Parkes, 2nd, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 22 and October 2, 1941, respectively, Bedding Workers' Local Union No. 421, affiliated with the Upholsterers' International Union of N. A. (A. F. of L.), herein called the Bedding Workers, filed with the Regional Director for the First Region (Boston, Mas- sachusetts) a petition and an amended petition each alleging that a question affecting commerce had arisen concerning the representation of employees of Enterprise Upholstering Company, Boston, Massa- chusetts, 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, here n called the Act. 37 N L Il B., No. 70 436 ENTERPRISE UPHOLSTERING COMPANY 437 On October 9, 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 Regu- lations-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 October 14 and 21, 1941, respectively, the Regional Director issued a notice of hearing and a notice of postponement of hearing, copies of which were duly served upon the Company and the Bedding Workers and upon United Furniture Workers of America, Local 136-B, affiliated with the Congress of In- dustrial Organizations, herein called the United, a labor organiza- tion claiming to represent employees directly affected by the investi- gation. Pursuant to notice, a hearing was held on October 31, 1941, at Boston, Massachusetts, before Thomas H. Ramsey, the Trial Ex- aminer duly designated by the Chief Trial Examiner . The Com- pany, the Bedding Workers, and the United, were represented and participated in the hearing. Full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bear- ing 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 review,-ed the rulings of the Trial Examiner and finds that no prejudicial errors were conunitted. 'The rulings are hereby affirmed. On November 13, 1941, a "Stipulation to Correct Transcript," entered into by the Company, the Bedding Workers, and the United, was filed with the Board and is hereby made.a part of the record. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Enterprise Upholstering Company, a Massachusetts corporation, is engaged in the manufacture, sale, and distribution of upholstered furniture . The Company uses annually in its business , materials val- ued at more than $60,000, more than 20 percent of which are shipped to the Company's plant from points outside the State of Massachu- setts. The Company manufactures annually finished products valued at approximately $125,000, of which more than 20 percent are sold and shipped to points outside the State of Massachusetts. The Com- pany admits that it is engaged in commerce within the meaning of the Act. The Company employs approximately 20 production em- ployees. 433257-42-VoL 37-29 438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED Bedding Workers' Local Union No. 421 is a labor organization admitting employees of the Company to membership. It is affili- ated with Upholsterers' International Union of North America, which in turn is affiliated with the American Federation of Labor. United Furniture Workers of America,, Local 136-B, is a labor organization affiliated with the Congress of Industrial Organizations, admitting employees of the Company to membership. III. THE QUESTION CONCERNING REPRESENTATION On August 20, 1941, the Bedding Workers at the request of the employees, commenced its organizational activities at the Company's plant. On August 22, 1941, the Bedding Workers requested that the Company recognize it as the collective bargaining representative for the Company's employees and that the Company enter into no con- tract with any labor organization until the Board had determined the representational question. The Company refused to negotiate with the Bedding Workers because of a subsisting closed-shop contract between the United and the Company, which would expire on Sep- tember 1, '1941. On September 2, 1941, the United called a strike allegedly because the Company had refused to negotiate a new con tract. On September 6, 1941, the Company, and the United entered into a new closed-shop contract, the term of which would expire on September 1, 1942. It is clear that the contract between the Com- pany and the United is no bar to a present invest; gation and certifi- cation of representatives, since it was executed after the Company had notice of the Bedding Workers' claim to represent employees of the Company.' A statement of the Regional Director introduced into evidence at the hearing shows that both the Bedding Workers and the United iepresent a substantial number of employees in the unit hereinafter fouiid to be appropriate.2 ' See Matter of The Great Atlantic it Pacific Tea Company and United Retail and Whole- sale Employees of America 010, 33 N L R B , No 189, and cases cited therein 2 The Bedding workers filed with the Regional Du ector, 17 author iz tition cards of which 12 were dated August 21, 1941' one was dated August 22, 1941, and 4 were undated The Regional Director reported that all the signatures were apparently genuine and bore the names of persons on the Company's pay roll of October 15 1941, containing 17 names The United submitted to the Regional Director a petition reading • We, the undersigned employees of the Enteipilse Upholstering Company of Boston, Mass, hereby state that we are members of the United Furniture Workers of America, Local 136-B, and that we reaffirm our membership in the Union, hereby repudiating any designation signed by any or all of us to the contrary, prior to the date hereof, particularly any designation signed by us naming any affiliate of the A F of L as our bargaining agent We desire that our bargaining agent be, and we expressly designate ENTERPRISE UPHOLSTERING COMPANY 439 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 Company, the Bedding Workers, and the United stipulated at the hearing, and we find, that all production employees of the Company excluding supervisory, office, and clerical employees, fore- men, timekeepers, and watchmen, constitute a unit appropriate for, the purposes of collective bargaining.3 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 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 means of an election by secret ballot. We shall direct that those persons 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 limitations and additions hereinafter set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record it the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the rep- resentation of employees of Enterprise Upholstering Company, United Furniture Workers of America, Local 136-B as our bargaining agent to nego- tiate a contract in our behalf coveting wages, hours and working conditions The petition was dated September 3, 1941, and bore 15 signatures The Regional Director reported that all the signatures were apparently genuine and were the names of poisons on the Company's pay roll oP October 15, 1941. There are approximately 20 employees in the unit hereinafter found to be appropriate 3 The unit covered by the contracts is all employees, except executive, sup"riutendents, salesmen , clerical help, and foremen " In spite of the difference in the description of-the contract unit and the stipulated unit, it appears from the record that the units are in fact the same covering only the production employees who are upholsterers and wood finishers. 440 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD Boston, Massachusetts, within the meaning of Section 9 (c) - and Section 2 (6) and (7) of the Act. 2. All production employees of the Company, excluding super- visory, office, and clerical employees, foremen, timekeepers, and watchmen, constitute a unit appropriate for the purposes 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 Relations 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 Enterprise Upholstering Company, Boston, Massachusetts, 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 First Region, acting in this matter as agent for the National Labor Re- lations Board, and subject to Article III, Section 9, of, said Rules and Regulations, among all production employees of the Company who were employed during the pay-roll period immediately preced- ing the date of this Direction, including all 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 supervisory, office, and clerical employees, foremen, timekeepers, and watchmen, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Bedding Workers' Local Union No. 421, affiliated with the Upholsterers' International Union of N. A., (A. F. of L.), or by United Furniture Workers of America, Local 136-B, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither.