Comfort Spring Corp.

National Labor Relations Board - Board Decisions

May 7, 1945

61 N.L.R.B. 980 (N.L.R.B. 1945)

In the Matter Of COMFORT SPRING CORPORATION and LOCAL 75, UNITED
FURNITURE WORKERS OF AMERICA, C. I. O.
Case No. 5-B-1869.-Decided May 7, 19415
Messrs . Jacob Blue?. and Joseph Bucho ff, of Baltimore , Md., for
the Company.
Mr. Louis Gilbert , of Baltimore , Md., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 75, United Furniture Workers
of America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Comfort Spring Corporation, Baltimore, Maryland, here-
in called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Earle K. Shawe,
Trial Examiner. Said hearing was held at Baltimore, Maryland, on
March 22, 1945. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. During the hearing counsel for the Company moved to
dismiss the petition. The Trial Examiner reserved ruling thereon.
The motion is hereby denied for the reasons stated in Section III,
infra. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded 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
Comfort Spring Corporation is a Maryland corporation with its
principal place of business at Baltimore, Maryland, where it is en-
61 N. L. R. B., No 163.
980
COMPORT SPRING CORPORATION 981
gaged in the manufacture of springs. During the last 0 months of
1944, the Company purchased raw materials valued in excess of
$25,000, 95 percent of which was shipped to it from points outside
the State of Maryland. During the same period the Company pro-
duced goods valued in excess of $50,000, approximately 85 percent of
which was shipped to points outside the State of Maryland.
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Local 75, United Furniture Workers of America, is a labor organ-
ization affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During March 1945 the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request until such time
as the Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.'
At the hearing the Company moved to dismiss the petition on the
ground that the Union was incapable of serving as the bona fide bar-
gaining representative. of the employees involved because of activity
in its behalf by two employees, Clarence Hemsley and Harry Morton,
alleged by the Company to be supervisors. We need not here dis-
cuss the alleged activities on the part of Hemsley inasmuch as he is
found in Section IV, infra, not to be a supervisory employee within
the meaning of the Board's definition of that term. With respect
to Morton, although the record clearly establishes, as found below,
that he is a supervisory employee, the only evidence of his alleged
activity in behalf of the Union is the fact that he signed an author-
ization card designating the Union as his bargaining representative
and, further, that he attended one union meeting. The record is clear
that Morton did not solicit any employees for membership in the
Union nor did he assist in the securing of application or designation
cards from them. We conclude that Morton's actions in no way
rendered the Union incapable of serving as the bona fide bargaining
The Regional Director reported that the Union presented 117 membership application
cards There are approximately 160 employees in the appropriate unit
' 982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representative of the Company's employees. The Company's motion
for dismissal is hereby denied 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
The Union urges that all production and maintenance employees of
the Company, including the chief machinist, receiving clerk, working
foremen, and working foreladies, but excluding clerical employees and
supervisors, constitute a unit appropriate for the purposes of col-
lective bargaining. The only controversy with respect to the unit
concerns the chief machinist, receiving clerk, foremen, and foreladies.
The Company would exclude all such employees from the unit.
The Company employs one receiving clerk, Clarence Hemsley.
The record indicates that the receiving clerk spends most of his time
performing manual labor, although he has from one to three employees
working with him. It appears that the relationship between Hems-
ley and his helpers is that of journeyman to helper rather than super-
visor to subordinate. We shall inlude the receiving clerk in the unit.
The Company employs one chief machinist who performs whatever
repair work is necessary throughout the plant. He is paid on an
hourly basis and has no subordinates. We shall include him in the
unit.
The Company employs 7 persons classified by it as foremen and
foreladies. The Union characterizes these employees as working
foremen and working foreladies. The Company employs between
130 and 160 production and maintenance employees who are employed
on 4 floors of the building occupied by the Company. The parties
agree to exclude only 1 supervisory employee, namely, the general
superintendent. There are no supervisory employees between the
rank of superintendent and that of foreman or forelady. The record
discloses that the foremen and foreladies make reports with respect
to the production employees in their respective departments and that
they attend we management meetings at which questions of policy
and operation are discussed. Although they spend a substantial
amount of their time at the present performing manual duties, it ap-
pears that such arrangement is a result of the Company's lack of
personnel and that when this condition is remedied, they will spend
their entire time performing purely supervisory duties. We shall
exclude the foremen and foreladies from the unit.
2 CP. Matter of The Toledo Stamping & Mdnufacturing Company , 55 N L R. B. 865.
COMFORT SPRING CORPORATION 983
We find that all production and maintenance employees of the
Company, including the chief machinist and the receiving clerk, but
excluding clerical employees , foremen , foreladies , and any other super-
visory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees , or effec-
tively 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 means of an election by secret ballot among
the employees 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.
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 representa-
tives for the purposes of collective bargaining with Comfort Spring
Corporation , Baltimore , Maryland, 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 Fifth 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
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing 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 any 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 Local
75, United Furniture Workers of America, C . I. 0., for the purposes
of collective bargaining.
MR. JOHN M . HousTON took no part in the consideration of the above
Decision and Direction of Election.