Berkey and Gay Furniture Co.

National Labor Relations Board - Board Decisions

Dec 26, 1942

46 N.L.R.B. 407 (N.L.R.B. 1942)

In the Matter of BERKEY AND GAY FURNITURE COMPANY and LOCAL
2388, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, -
AFFILIATED WITH THE A. F. OF L.'
Case No. R-4580.-Decided December 06, 1942
Jurisdiction : aircraft parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition without certification of the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding superintendents, foremen, regular and probationary assist-
ant foremen, plant protection employees, Government inspectors, Company
inspectors, and clerical employees.
Alexander, McCaslin and Cliolette, by Mr.' Paul E.Ch,olette, of
Grand Rapids, Mich., for the 'Company.
Mr. Carl A. Smith, of Grand Rapids, Mich., for the Carpenters.
Mr. Elmo Burns, of Grand Rapids, Mich., for the C. I. O.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 2388, United Brotherhood of Car-
penters and- Joiners of America, affiliated with the A. F. of L., herein
called the Carpenters, alleging that a question affecting commerce had
arisen concerning the representation of employees of Berkey and Gay
Furniture Company, Grand Rapids, Michigan, herein called the Com-
pany, the National Labor Relations,Board provided for an appro-
priate hearing' upon due notice before Harold A. Cranefield, Trial
Examiner. "Said hearing was- held at irand, Rapids, Michigan, on
November 24, 1942. The Company, the Carpenters, and the United
Furniture Workers of America, Local 45, C. I. 0., herein' called the
C. I. O. appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed:
46 N. L. R. B., No. 50
407
408 DEiCISIONS OF NATIONAL LABOR RELATIONS' BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Berkey and• Gay Furniture Company is a Michigan corporation
having its principal office and place of- business at Grand Rapids,
Michigan. Prior to the summer of 1942 the Company was engaged
in the manufacture and sale of furniture. While so occupied, sub-
stantial quantities of lumber and other materials were shipped from
points outside the State of Michigan to its Grand Rapids plant, and
a large part of the furniture manufactured was shipped to purchasers
,outside the State of Michigan. At present, the Company manufac-
tures-airplane parts under war, contracts. Approximately 25 percent
of the new materials used are obtained from points outside the State
of Michigan and all the finished products leave the State.
The Company, admits that. it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 2388, United Brotherhood of Carpenters and • Joiners of
America, affiliated with the American Federation of Labor, is a labor
-Organization admitting to membership employees of the Company.
United Furniture Workers of America, Local 45, affiliated with the
,Congress of Industrial, Organizations, is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant exclusive bargaining rights to
any labor organization until there has been a certification by the,
.Board.
A statement of the Regional Director, introduced into evidelice• at
the hearing, indicates that the Carpenters represents a substantial
number of employees in the unit hereinafter found.appropriate 1
The Regional Director reported (that the Carpenters submitted evidence, in the form
of dues books, ledger receipts, and membership applications, indicating that it represents
10 employees; that all of the application cards bore apparently genuine signatures and
all the evidence submitted was dated either September or October 1942 ; and that 135 , of
the cards contained names of persons on the Company's pay roll of October 30, 1942, which
listed 384 persons within the claimed unit
The C. I • 0 submitted 5 membership°cards-at the hearing all of which bore apparently
valid signatures signed the day before the hearing In December 1941, prior to, the time
during which the Company shut down its factory to retool for war contracts, the C. I. O.
had submitted 238 application cards ?to the Board's Regional Office The C I. 0 • now
claims to have many of its former members at work in the Conipany's', plant who have
expressed a desire to be represented by it.
BERKEY AND GAY FURNITURE COMPANY- 409
We find that a question affecting commerce has arisen concerning
the representation of eiployees of the Company , within the meaning
of Section 9 (c) and Section 2 (6) and ( 7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree that all production and maintenance employees
of the Company, including probationary assistant foremen, but ex-
cluding superintendents , foremen, and assistant foremen , plant pro-
tection employees , Government inspectors , Company inspectors; and'
clerical employees , constitute an appropriate unit. , The record
shows, however , that the probationary assistant foremen have the
same authority as regular assistant foremen and became such upon
satisfactory completion of a 30-day probationary -period. We'shall
accordingly exclude them . We find that all production and main-
tenance employees of the Company, excluding superintendents, fore-
men, regular and probationary assistant foremen, plant protection
.employees , Government inspectors , Company inspectors , and clerical
employees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DEIER_IIINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the, pay-
roll period immediately preceding the date of the Direction of
Election herein , subject to the limitations and additions set forth in
the Direction . In view of the substantial showing of representation
by the C. I. O. prior to the shut-down, we shall allow the C. I. O. a
place on the ballot.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor Relations Board of Section 9 ( c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes .of collective bargaining with Berkey and Gay
Furniture Company, Grand Rapids, Michigan ,' 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 Seventh Region, acting
in this matter as agent for the National Labor Relations Board, and
410 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
subject to Article III, Section 10, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, 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 themselves in person at the polls,
but excluding those employees who have since, quit or been discharged
for cause, to determine whether they desire to be represented by
Local 2388, United Brotherhood of Carpenters and Joiners of
America, affiliated with the A. F. of L., or by United Furniture
Workers of America, Local 45, C. I. 0., for the purpose of collective
bargaining, or by neither.