Ed Roos Co. of Forest Park

National Labor Relations Board - Board Decisions

Sep 6, 1943

52 N.L.R.B. 479 (N.L.R.B. 1943)

In the Matter of ED Roos COMPANY OF FOREST PARK and FURNITURE
AND BEDDING WORKERS' UNION, LOCAL 18-B., C. I. O.
Case No. R-5882.-Decided September 6, 1941
Mr. A. D. Gorrell, of Chicago, Ill., for the Company.
Mr. Nicholas Blattner, of Chicago, Ill., 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 Furniture and Bedding Workers' Union,
Local 18-B., C . I. 0., herein called the Union , alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Ed Roos Company of Forest Park, Forest Park , Illinois,
herein called the Company , the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before George S.
Freudenthal , Jr., Trial Examiner . Said hearing was held at Chicago,
Illinois, on August 24 , 1943. The Company and the Union appeared,
participated , and were afforded full opportunity to be heard, to
examine and cross-examine witnesses , and to introduce evidence bear-
ing on the issues. The Trial Examiner 's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded 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
Ed Roos Company of Forest Park is an Illinois corporation with
its principal place of business at Forest Park, Illinois, where it is
engaged in the manufacture of furniture and wooden items for the
United States Army. During the 12-month period ending July 1,
1943, the Company purchased raw materials valued at about $350,000,
approximately 75 percent of which was shipped to it from points
outside the State of Illinois. During the same period the Company
52 N. L. R. B., No. 76.
479
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shipped manufactured products valued in excess of $1,000,000 to points
outside the State of Illinois. The Company admits, for the purpose
of this proceeding, that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Furniture and Bedding Workers' Union, Local 18-B., is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 14, 1943, 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.
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.'
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
We find, in agreement with a stipulation of the parties, that all
production and maintenance employees of the Company, excluding
office 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 mean-
ing 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
I The Regional Director reported that the Union presented 82 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of July 24, 1943. There are approximately 210 employees in the appropi late
unit.
ED ROOS COMPANY OF FOREST PARK 481
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DmEcTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ed Roos Company
of Forest Park, Forest Park, 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 Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the em-
ployees in the unit found appropriate in Section 1V, above, who were
employed during the pay-roll period immediately 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 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, to determine
whether or not they desire to be represented by Furniture and Bedding
Workers' Union, Local 18-B., C. I. 0., for the purposes of collective
bargaining.
CHAIRMAN Mrraas took no part in the consideration of the above
Decision and Direction of Election. 6