Eagle Cabinet Co.

National Labor Relations Board - Board Decisions

Dec 10, 1946

71 N.L.R.B. 955 (N.L.R.B. 1946)

In the Matter of EAGLE CABINET COMPANY, EMPLOYER and FURNITURE
WORKERS UNION, LOCAL 76-B, C. I. 0., PETITIONER
Case No. -,9-R-6887.-Decided December 10, 1946
Laxer, Shapiro, & Lauter, by Mr. Mark Lauter, of New York City,
for the Employer.
Mr. Harry Weinstock, of New York City, for the Petitioner.
Breed, Abbott, d Morgan, by Messrs. Francis X. Ward and Daniel
F. O'Connell, both of New York City, for the Carpenters.
Mr. Morton B. Spero, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at New
York City, on October 11, 1946, before Richard J. Hickey, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Eagle Cabinet Company, a New York corporation, is engaged at
its only plant in Brooklyn, New York, in the manufacture, sale, and
distribution of kitchen cabinets. During the year 1945, the Employer
purchased over $50,000 worth of raw materials, of which about 60
percent represented shipments to it from points outside the State of
New York. During the same period, the Employer's sales of finished
products amounted to more than $250,000, of which approximately
60 percent represented shipments to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations , claiming to represent employees of the
Employer.
71 N. L. R . B, No 157
955
956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United Brotherhood of Carpenters and Joiners of America, herein
called the Carpenters, is a labor organization affiliated with the Amer-
ican Federation of Labor, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
By telegram and letter dated July 29, 1940, and by another letter
dated August 1, 1946, Petitioner requested of the Employer recognition
as bargaining representative of certain of the Employer's employees.
The Employer admittedly received these communications, but did not
reply. On July 30, 1946, Petitioner filed its petition herein. At the
hearing, the Employer and the Carpenters urged a 10-month contract,
entered into by them on August 31, 1946, 1 month after Petitioner's
claim and supporting petition, as a bar to this proceeding.
We are unable to agree with the position of the Employer and the
Carpenters. Inasmuch as the contract was entered into after the
Employer had received notice of both the claim and the petition, it
cannot, under well-established principles of the Board, constitute a
bar to a present determination of representatives,' and we so find.'
We find further that a question affecting commerce has arisen con-
cerning the representation of the employees of the Employer within
the meaning of Section 9 (c), and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accord with the stipulation of the parties,
that all production and maintenance employees, including working
foremen,3 but excluding all clerical employees, chauffeurs, watchmen,
and all or any other supervisory employees 4 with authority to hire,
x Matter of General Electric X-Ray Corporation, 67 N, L. R . B. 997 ; Matter of Binon
Chocolates , Inc, 65 N. L . R B. 591 ; Matter of Cities Service Refining Company, 58
N L R. B . 28, see also : Matter of Midwest Piping and Supply Co., Inc , 63 N L. R. B.
1060, 1069 ; Matter of Elastic Stop Nut Corporation, 51 N L R. B. 694, 702.
2 At the hearing , the hearing officer rejected the Employer's offer to prove that its action
in entering into the contract on August 31 was prompted by the fact that the employees
in the plant struck on the day before in order to protest against being represented by
Petitioner and to request representation by the Carpenters . The Employer argued
therefrom that such special circumstances warrant holding its contract to be a bar to
an election at this time. Assuming , however , that the employer had proved this activity
on the part of its employees , we find that it does not warrant such a holding, or the
establishment of an exception to the rule enunciated above. To accede to the position
of the Employer and the Carpenters would permit parties so contracting in the face of
conflicting claims to determine the employee ' s choice of bargaining representatives, and
to prevent them from choosing to be represented by any labor organization they may
desire, and would contravene the purposes of the Act , which was designed to protect
and implement the right of employees to make that choice for themselves by a secret
election . We therefore conclude that the hearing officer 's ruling was proper, and it is
hereby upheld
2 This includes employees Joseph Genduso, William Bee, Frank Umowski, and Rosario
DeMario. who appear as "foreman" on the Job Classification list introduced in evidence
as Board 's Exhibit No. 6.
In this group are employees Phil Siegal and Edward A. Brecher , who, the parties
agree, have supervisory functions.
EAGLE CABINET COMPANY 957
promote, discharge, discipline, or otherwise effect changes in the
status of employees, of effectively recommend such action, constitute
a unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Eagle Cabinet Company, New
York City, 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 Direc-
tor for the Second Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 tcuiporard y 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 and have not been rehired or reinstated prior
to the date of the election, to determine whether they desire to be
represented by Furniture Workers Union, Local 76-B, C. I. 0., or by
United Brotherhood of Carpenters and Joiners of America, A. F. L.,
for the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.