Crescent Bed Co., Inc.

National Labor Relations Board - Board Decisions

Feb 19, 1945

60 N.L.R.B. 750 (N.L.R.B. 1945)

In the Matter of CRESCENT BED COMPANY, INCORPORATED and UNITED
STEELWORKERS OF AMERICA, LOCAL 2179, CIO
Case No. 15-R-1277.-Decided February 19, 1945
Messrs. Laurence A. Molony and Edward E. Risinger , of New Or-
leans, La., for the Company.
Messrs. John A. Ritter, Jeff Shewmake, and Robert Starnes, all of
New Orleans , La., for the Union.
Mr. Nathan Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, Local
2179, CIO, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Crescent Bed Company, Incorporated, New Orleans, Louisiana, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Laurence H. Whitlow,
Trial Examiner. Said hearing was held at New Orleans, Louisiana, on
January 23,1945. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be 'heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Company moved to dismiss the petition on the
ground that the authorization cards signed by its employees were for
the'Congress of Industrial Organizations and not specifically for the
Union. The Trial Examiner reserved ruling on the motion for the
Board. For the reasons set forth in Section III, infra, the motion is
hereby denied. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded an 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
Crescent Bed Company, Incorporated, is a Louisiana corporation
having its principal office and plant in New Orleans, Louisiana, where
60 N. L. R. B., No. 127.
750
CRESCENT BED COMPANY, INCORPORATED 751
it is engaged in the manufacture of iron beds and bed springs. During
the year 1944, the Company purchased rgw materials valued in excess
of $50,000 from States other than the State of Louisiana. For the same
period, more than 50 percent of the Company's finished products,
amounting in value to more than $50,000, was shipped to States other
than the State of Louisiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Steelworkers of America, Local 2179, 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 certain 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 hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
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 seeks a unit consisting of all production and maintenance
employees at the Company's New Orleans plant, excluding 'office
clerical and supervisory employees. The Company contends that the
plant is divided into three separate and distinct main departments,
that there is no community of interest among the employees of these
different departments, and that therefore there should be three sep-
arate units.
The record discloses that the plant is divided into five departments
as follows : iron bed, punch, spring, maintenance, and shipping. How-
ever, all five departments are in the same building, and the hiring
i The Field Examiner reported that the Union submitted 71 authorization cards, and that
the number of employees in the alleged appropriate unit on December 14, 1944, was approxi-
mately 85 . As noted above , the Company contends that the petition should be dismissed
on the ground that the authorization cards signed by the employees were for the Congress
of Industrial Organizations and not specifically for the Union , and that therefore the Union
has not made a showing before the Board of substantial interest . We find no merit in the
Company's contention . An election will conclusively determine the desires of the
employees.
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752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and discharging of all employees are done by the plant superintendent,
with the labor policy for all departments emanating from the same
source. Further, all employees punch in at the same time clock, are
carried on the same pay roll, and are paid weekly at the same pay
window on a comparable hourly or piece-rate basis. Moreover, the
plant superintendent testified at the hearing that in 1940 the Com-
pany was under contract with the United Furniture Workers of Amer-
ica (CIO) on a plant-wide basis.2
In view of the factors enumerated above, we are of the opinion
that the employees- of all five departments represent an integrated
whole, and have a sufficient community of interest to be represented
in a single bargaining unit.
The Company employs a single watchman who, though armed, is
neither militarized, uniformed, nor deputized.,' We shall include him
in the appropriate unit.
We find that all production and maintenance employees of the
Company at its New Orleans plant, including the watchman, but
excluding office clerical employees and all supervisory employees with
authority 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 -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.fi
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 Crescent Bed
z The 1940 contract excluded maintenance , clerical, and supervisory employees, and' a
watchman
The position of the parties respecting his inclusion is not clearly stated on the record.
The Union requests that the pay -roll period ending October 31, 1944, be used to deter-
mine eligibility to vote We find no reason to depart from our usual policy as to eligibility
date. -
The Union requests that it appear on the ballot as its name is set forth in the Direction.
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CRESCENT BED COMPANY, INCORPORATED 753
Company, Incorporated, New Orleans, Louisiana, 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 Fifteenth 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 Regula-
tions, 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 the said pay-roll period because they were ill or on vaca-
tion 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 United Steelworkers of America, CIO, for the purposes of collective
bargaining.
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