A & C Better Bedding Co.

National Labor Relations Board - Board Decisions

May 20, 1946

68 N.L.R.B. 147 (N.L.R.B. 1946)

In the Matter of ALBERT RHEIN, D/B/A A & C BETTLR BEDDING COM-
PANY and WAREHOUSE AND DISTRIBUTION WORKERS UNION, LOCAL
208, I. L. W. U.-C. I. O.
Case No. 13-R-3506.-Decided May 20, 1946
Mr. George Yellen, of Chicago, Ill., for the Company.
Mr David B. Rothstein , of Chicago, Ill., for the Union.
Mr. Robert J. Freehling, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Warehouse and Distribution Workers
Union, Local 208, I . L. W. U.-C. I. 0., herein called the Union , alleg-
ing that a question affecting commerce had arisen concerning the rep-
resentation of employees of Albert Rhein , d/b/a A & C Better Bedding
Company, Chicago , Illinois, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Josef L . Hektoen, Trial Examiner . The hearing was held
at Chicago , Illinois, on April 12, 1946 . The Company and the Union
appeared and participated . All parties were afforded full opportunity to
be heard , to examine and cross -examine witnesses , and to introduce evi-
dence bearing on the issues . The Trial Examiner 's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case , the Board makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Albert Rhein, d/b/a A & C Better Bedding Company, is engaged in
the manufacture of bedding at its plant in Chicago, Illinois. In 1945,
68 N. L R. B, No 20.
696966--46-11 147
148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Company used raw materials, consisting principally of felt, cotton,
textiles, springs, and lumber, valued in excess of $100,000, of which
from 15 to 20 percent was received from sources outside the State
of Illinois. During the same period, the Company manufactured and
distributed finished products valued in excess of $100,000, of which
from 65 to 70 percent was shipped to customers outside the State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Warehouse and Distribution Workers Union, Local 208, International
Longshoremen's and Warehousemen's Union, affiliated with the Con-
gress of Industrial Organizations , is a labor organization admitting to
membership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of any of its employees until the
Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees
in the unit hereinafter found appropriate .2
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accord with the agreement of the parties, that all produc-
tion and maintenance employees of the Company, excluding office clerical
employees, truck drivers, and all supervisory employees with authority
r At the hearing, the Company disputed the status of the Union as a "labor organization,"
on the ground that the Union does not represent production and maintenance employees of any
other manufacturing Company, and therefore that it cannot "appropriately represent" such
employees . This contention is clearly without merit. See Matter of Dupl.Color Products
Co., Inc., 65 N . L. R. B. 1435; Matter of Gielow, Incorporated, 60 N. L R B 1477, and
Matter of Pass and Seymour, Inc., 51 N. L. R. B. 1135.
% The Field Examiner reported that the Union submitted application cards, bearing the
names of 24 employees , and that there are approximately 68 employees in the appropriate unit.
At the hearing , the Company contended that the above report does not indicate that a
sufficient number of employees desire the Union as their bargaining representative . In view of
the submission of application cards signed by over 35 percent of the employees in the
appropriate unit, we are of the opinion that the Union has shown sufficient evidence of
interest among the employees of the Company to satisfy the Board s administrative require-
ments.
A & C BETTER BEDDING COMPANY 149
to hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among employees in
the appropriate unit who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Election herein, subject
to the limitations and additions set forth in the Direction.
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Albert Rhein, d/b/a A &
C Better Bedding 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 Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among employees
in the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present them-
selves in person at the polls, but excluding those employees who have
since quit or been discharged for cause and have not been rehired or
reinstated prior to the date of the election, to determine whether or not
they desire to be represented by Warehouse and Distribution Workers
Union, Local 208, I. L. W. U.-C. I. 0., for the purposes of collective
bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.