California Table & Chair Company

National Labor Relations Board - Board Decisions

Jan 11, 1939

10 N.L.R.B. 1091 (N.L.R.B. 1939)

In the Matter Of CALIFORNIA TABLE & CHAIR COMPANY and FUR-
NITURE WORKERS UNION LOCAL 1561 UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA , A. F. OF L.
Case No. B-1093.-Decided January 11, 1939
Furniture Manufacturing Industry-Investigation of Representatives: con-
-troversy concerning representation of employees : rival organizations ; refusal
of employer to recognize either union until representation determined by
Board-Unit Appropriate for Collective Bargaining : stipulated : all the pro-
duction employees , excluding office, clerical , and supervisory employees-Rep-
resentatives : proof of choice : comparison of pay roll with petition designating
one organization as bargaining representative ; no proof or claim by rival or-
ganization-CerttifZcation of Representatives : upon proof of majority repre-
sentation. -
Mr. Charles M. Brooks, for the Board.
Mr. James S. Woollacott and Mr. Robert F. Chapman, of Los
Angeles, Calif., for the Company.
Mr. George Walker, of -Los Angeles, Calif., for the F. W. U.
Mr. Jacob Lehman, of Los Angeles, Calif., for the U. F. W.
Mr. Arnold R. Cutler, 'of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 15, 1938, Furniture Workers Union, Local 1561, A. F.
of L., herein called the F. W. U., 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 California Table & Chair Com-
pany, Los Angeles, California, herein called the Company, and re-
questing an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. ' On February 10, 1938, United Furniture
Workers of America, Local 576, C. I. 0., herein called the U. F. W.,
had filed a similar petition with the Regional Director. On Septem-
ber 1, 1938, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act and Article III,
10 N. L. R. B, No. 97.
1091
1092 NATIONAL LABOR RELATIONS BOARD
Section 3, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, ordered an investigation and authorized
the Regional Director to conduct,it and to provide for an appropriate
hearing upon due notice. On the same day, the Board, acting pur-
suant to Article III, Section 10 (c) (2), of the Rules and Regulations,
ordered that the two cases be consolidated for the purposes of hear-
ing and that one record of the hearing should be made.
On September 9, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the F. W. U., and upon the U. F. W. Thereafter, the U. F. W.
requested that, the Board grant it permission to withdraw its peti-
tion. On October 19, 1938, the Board ordered that the request of
the U. F. W. be granted, and further ordered, in accordance with
Article III, Section 10 (c) (2), of the, Rules and Regulations, that
the U. F. W. case be severed from the F. W. U. case, and that the
F. W. U. case be continued as a separate proceeding. Pursuant to
the notice, a hearing was held on October 20, 1938, at Los Angeles,
California, before Albert L. Lohm, the Trial Examiner duly desig-
nated by the Board. The Board, the, Company, the F. W. U., and
the U. F. W. were represented by counsel or by other representatives
and all participated in the hearing. 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 on objections to the admission of evidence. The Board has re-
viewed the rulings of the Trial Examiner and finds that no preju-
dicial 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 is a California corporation with its place of business
located at Los Angeles, California. It is engaged in the manu-
facture of furniture. In 1937 the Company purchased raw mate-
rials worth approximately $61,200 and sold approximately $105,000
worth of finished products. Approximately 73 per cent of the raw
materials were obtained from outside the State of California and
approximately 10 per cent of the finished products were shipped
outside the State of California.
II. THE ORGANIZATIONS INVOLVED
Furniture Workers Union, Local 1561, is a labor organization
affiliated with the United Brotherhood of Carpenters and Joiners
of America and the American Federation of Labor, admitting to its
DECISIONS AND ORDERS 1093
membership all production employees of the Company, exclusive of
office, clerical, and supervisory employees.
United Furniture Workers of America, Local 576, is a labor organi-
zation affiliated with the Committee for Industrial Organization,
admitting to its membership all production employees of the Com-
pany, exclusive of office, clerical, and supervisory employees. ,
III. THE QUESTION CONCERNING REPRESENTATION
Prior to the expiration on September 1, 1938, of a closed-shop,
agreement between the F. W. U. and the Company, the F. W. U.
and the U. F. W. each informed the Company that it represented
the employees of the Company and requested the Company to Iiego-
tiate with it for an agreement. The Company refused to negotiate
with either of the labor organizations and informed its employees
that it would not make any further agreements until the Board had
certified one of the labor organizations as the representative of the
employees for the purposes of collective bargaining.
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing it was stipulated by all the parties and we find
that all the production employees of the Company, excluding office,
clerical, and supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining. We further 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
A list, prepared from the records of the Company, containing the
names of employees of the Company on its pay roll as of October 18,
1938, was introduced in evidence. The list contains the names of
18 production employees and 2 foremen. There was also introduced
in evidence a petition dated September 8, 1938, designating the
14 7 811-30-vol 10--70
1094 NATIONAL LABOR RELATIONS BOARD
F. W. U. as bargaining representative, signed by 15 persons. Upon
a comparison of the list and the petition by counsel for the Board
and by a representative of the Company, it was found that the names
of all the 15 persons appearing on the petition also appeared upon
the list of the 20 employees. The Company thereafter stipulated
that the signatures on the petition were authentic and that the
F. W. U. represented a majority of the employees within the appro-
priate unit. The U. F. W. introduced no evidence that it represented
any of the employees, and its representative stated that it made no
present claim in such regard.
We find that the F. W. U. has been designated and selected by a
majority of the employees) in the appropriate unit as their repre-
sentative for the purposes of collective bargaining. It is, therefore,
the exclusive representative of all the employees in such unit for the
purposes of collective bargaining, and we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the California Table & Chair Company, Los
Angeles, California, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All the production employees of the Company, excluding office,
clerical, and supervisory employees, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the National Labor Relations Act.
3. Furniture Workers Union, Local 1561, affiliated with the United
Brotherhood of Carpenters and Joiners of America and the American
Federation of Labor, is the exclusive representative of all the em-
ployees in such unit for the purposes of collective bargaining, within
the meaning of Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 1, as amended,
IT IS HEREBY CERTIFIED that Furniture Workers Union, Local 1561,
affiliated with the United Brotherhood of Carpenters and Joiners of
America and the American Federation of Labor, has been desig-
nated and selected by a majority of all the production employees of the
California Table & Chair Company, Los Angeles, California, exclud-
DECISIONS AND ORDERS 1095
ing office, clerical, and supervisory employees, as their representa-
tive for the purposes of collective bargaining and that, pursuant to
the provisions of Section 9 (a) of the Act, Furniture Workers Union,
Local 1561, affiliated with the United Brotherhood of Carpenters and
Joiners of America and the American Federation of Labor, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
,employment, and other conditions of employment.