Butler Specialty Co.

National Labor Relations Board - Board Decisions

Jun 7, 1940

24 N.L.R.B. 497 (N.L.R.B. 1940)

In the. Matter of BUTLER SPECIALTY COMPANY, A CORPORATION and
UNITED FURNITURE WORKERS OF AMERICA, LOCAL 18-B, AFFILIATED
WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS, and FURNITURE,
WOODWORKERS & FINISHERS UNION, LOCAL 18-B OF THE UPHOL-
STERERS INTERNATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR.
Case No. R-1847.-Decided June 7, 1940
-Furniture Manufacturing Industry-Investigation of Representatives: con-
troversy concerning representation of employees ; rival organizations ; employer
refuses to recognize either union until question of majority is decided; em-
ployer 's statement of policy no bar to-Unit Appropriate for Collective Bar-
gaining : all production and maintenance employees , including watchmen, but
excluding clerical and supervisory employees ; stipulation as to-Election Ordered
Mr. Stephen M. Reynolds, for the Board.
Wolf & Love by Mr. Stephen Love, of Chicago, Ill., for the
Company.
Meyers cfi Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
United.
Mr. Joseph M. Jacobs, of Chicago, Ill., for the Upholsterers.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 4, 1940, United Furniture Workers of America, Local
18-B, affiliated with the Congress of Industrial Organizations,' herein
called the United, filed with the Regional Director for the Thirteenth
Region (Chicago, Illinois) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Butler Specialty 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 Rela-
1 The name of the petitioning union was amended at the hearing. The petition was filed
under the name of United Furniture Workers of America, Local 18-B, affiliated with the
C. I. O.
24 N. L. R. B., No. 4&
497
498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions Act, 49 Stat. 449, herein called the Act. On, May 15, 1940, 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 May 14, 1940, the Regional Director issued a notice of hearing,
and on May 15, 1940; an amended notice of hearing, copies of which
were duly served upon the Company, the United, and Furniture,
Woodworkers & Finishers Union, Local 18-B of the Upholsterers
International Union of North America, affiliated with the American
Federation of Labor, herein called the Upholsterers, a. labor organ-
ization claiming to represent employees directly affected by the in-
vestigation.
Pursuant to the notice, a hearing was had on May 21, 1940, at
Chicago, Illinois, before Josef Hektoen, the Trial Examiner duly
designated by the Board. All parties were represented by counsel
and participated in the hearing. At the close of the hearing the
Company moved to dismiss the petition on the ground that the Com-
pany had not refused to bargain collectively and that a -valid and
binding collective bargaining agreement was in existence. The Trial
Examiner did not rule on this motion. The motion is hereby denied
since we find in Section III below that no collective agreement exists.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. During the course of the hearing the Trial Examiner made
several rulings on motions and the admissibility of evidence. The
Board has reviewed the rulings of the Trial Examiner and finds 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
The Company, Butler Specialty Company, is an Illinois corpora-
tion. It maintains its main offices and a factory in Chicago, Illinois,
and display rooms in New York City, Chicago, Illinois, and San
Francisco, California. At its Chicago, Illinois, factory, which alone
is involved in this proceeding, it is engaged in the manufacture of
wall racks, magazine baskets, tables, pier cabinets, and sewing baskets.
During the period from March 1, 1939, to March 1, 1940, it purchased
for its factory large quantities of raw materials, consisting of lumber,
BUTLER SPECIALTY COMPANY 499
plywood, and finishing materials,' of which 90 per cent represented
shipments from points outside Illinois. During the same period, the
sales of products from the Chicago factory amounted to $669,241.73,
of which $601,450.49 represented shipments of finished products to
points outside Illinois.
II. THE ORGANIZATIONS INVOLVED
United Furniture Workers of America, Local 18-B, is a labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership production and maintenance employees of
the Company.
Furniture, Woodworkers & Finishers Union, Local 18-B of the
Upholsterers International Union of North America, is a labor organ-
ization affiliated with the American Federation of Labor. It admits
to membership production and maintenance employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
In the past the Company had had some dealings with the Uphol-
sterers, including a statement of policy, but had not entered into any
collective agreement with it. During February 1940 a representative
of the United called on the Company and requested recognition of
the United as sole bargaining agent of its.production and maintenance
employees. The Company refused to recognize the United, or the
Upholsterers, until it had been determined which union represented
a majority of the employees concerned.
We find that a question has arisen concerning 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 parties stipulated, and we find, that all production and mainte-
nance employees of the Company at its Chicago factory, including
watchmen, but excluding supervisory and clerical employees, consti-
500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tute a unit appropriate for collective bargaining. We find 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
The parties stipulated, and we find, that both the United and the
Upholsterers have a substantial membership among the employees
in the unit we have found appropriate in Section V above. We find
that an election will best resolve the question concerning representa-
tion.
Those eligible to vote in this election, shall be the employees in the
appropriate unit who were employed during the pay-roll period im-
mediately 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 and employees who were then or have
since been temporarily laid off, but excluding employees who have
since quit or been discharged for cause. The United shall be desig-
nated on the ballot as Local 18-B, C. I. 0., and the Upholsterers as
Local 18-B, A. F. of L.
Upon the basis of the above findings and upon the entire record
in this case, the Board makes the following :
CONcI usIONs OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Butler Specialty Company, Chicago, Illi-
nois, at its Chicago, Illinois, factory, 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 at
its Chicago, Illinois, plant, including watchmen, but excluding super-
visory and clerical employees, constitute 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
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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
BUTLER SPECIALTY COMPANY 501
with Butler Specialty 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 Re-
lations Board, and subject to Article III, Section 9, of.said Rules
and Regulations, among all production and maintenance employees
of the Company iat' its Chicago, Illinois, factory, including watch-
men, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who ' did
not work during such pay-roll period because they were ill or on
vacation and employees who were then or have since been temporarily
laid off, but excluding supervisory and clerical employees and em-
ployees who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by United Furniture
Workers of America, "Local 18-B, affiliated with the Congress of
Industrial Organizations, or by Furniture, Woodworkers & Finish-
ers Union, Local 18-B of the Upholsterers International Union of
North America, affiliated with the American Federation of Labor,
for the purposes of collective bargaining, or by neither.
183035-42-vol. 24-33