Emil J. Paidar Co.

National Labor Relations Board - Board Decisions

Jun 7, 1940

24 N.L.R.B. 502 (N.L.R.B. 1940)

In the Matter of EMIL J . PAIDAR COMPANY , A CORPORATION and
UNITED FURNITURE WORKERS OF AMERICA, LOCAL 18-B, AFFILIATED
WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS , and FURNITURE,
WOODWORKERS & FINISHERS UNION, LOCAL 18-B OF THE UPHOL-
STERERS INTERNATIONAL UNION OF NORTH AMERICA, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. R-1846.-Decided June 7, 1940
Furniture Manufacturing Industry-Investigation of Representatives: con-
troversy concerning representation of employees : rival organizations ; employer
refuses to recognize either union until question of majority is decided ; em-
ployer's statement of policy no bar to-Unit Appropriate for Collective Bargain-
ing: all employees in the machine wood shop and the cabinet and finishing de-
partments , craters, employees in the assembly , mirror , and loading departments,
and employees in the electrical and repairing departments, excluding supervisory
and clerical employees-Election Ordered
Mr. Stephen M. Reynolds, for the Board.
Wolf efi Love, by Mr. Stephen Love, of Chicago, Ill., for the
Company.
Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
United.
Mr. Joseph M. Jacobs, of Chicago, Ill., for the Upholsterers.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
' On March 7, 1940, United Furniture Workers of America, Local
18-B, affiliated with the Congress of Industrial Organizations,' herein
called the United, filed with the Regional Director for the Thirteenth
Region (Chicago, Illinois), a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Emil J. Paidar Company ,(Chicago, Illinois ), herein called the
Company, and requesting an investigation and certification of repre-
I The name of petitioner was amended at the hearing . The petition was filed under the
name of Furniture and Bedding Workers, Local 18-B, of the United Furniture Workers of
America, C. I. O.
24 N. L. It. B., No. 47.
502
EMIL J. PAIDAR COMPANY 503
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On April 27, 1940, the
National Labor Relations Board, herein called the Board, acting pur
suant to Section 9 (c) of the Act and Article III, Section 3, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On May 6, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the United, and
Furniture Woodworkers & Finishers Union, Local 18-B of the Up-
holsterers International Union of North America, affiliated with the
American Federation of Labor, a labor organization claiming to rep-
resent employees directly affected by the investigation.
Pursuant to the notice, a hearing was held on May 20 and 21, 1940,
at Chicago, Illinois, before Josef Hektoen, the Trial Examiner duly
designated by the Board. All parties were represented by counsel
and participated in the hearing. At the commencement of the hear-
ing the Company moved to dismiss the proceedings on the ground that
it had never refused to bargain collectively and that a valid and bind-
ing collective bargaining agreement was in existence. The Trial Ex-
aminer did not rule on this motion. The motion is hereby denied
since we find in Section III below that no collective agreement exists.
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, objections to the admission of evidence, and the
form of questions. The Board has reviewed the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed. The Company has filed a brief which
the Board has considered.
Upon the entire record in the case, the -Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company, Emil J. Paidar Company, is an Illinois corporation.
In addition to its main plant in Chicago, Illinois, it owns a subsidiary
corporation, Emil J. Paidar Co., Inc., in New York City. At its
Chicago plant the Company is engaged in the manufacture of standard
and special equipment for barber shops and beauty parlors, consisting
of barber chairs, barber poles, steel furniture, mirror cases, booths,
and cabinets. During the period. from March 1, 1939, to March 1,
1940, the Company purchased for use at the plant raw materials,
504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
consisting of steel, iron, leather, glass, wood, glue, sandpaper, oil,
coal, and plating materials, to the approximate value of $260,000, of
which $200,000 represented purchases and shipments to the plants from
points outside Illinois. During the same period, sales of finished
products manufactured at the plant amounted to approximately
$700,000, of which $500,000 represented sales and shipments to points
outside Illinois.
II. THE ORGANIZATIONS INVOLVED
. United Furniture Workers of America, Local 18-B, is a labor or-
ganization affiliated with the Congress of Industrial Organizations.
It admits to membership production and maintenance employees of
the Company.
Furniture, Woodworkers & Finishers Union, Local 18-B of the
Upholsterers International Union of North America, is a labor or-
ganization affiliated with the American Federation of Labor. It
admits to membership production and maintenance employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
In the past the Company had had some dealings with the Uphol-
sterers, including a statement of policy, but had not entered into any
collective agreement with it. During February 1940 a representative
of the United called on the Company and requested recognition of
the United as sole bargaining agent of all employees in the cabinet
department and the machine mill wood shop. The Company refused
to recognize the United, or the Upholsterers, until it had been deter-
mined which union represented a majority of its employees.
We find that a question has arisen concerning the 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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The United contends that all employees in the cabinet department
and the machine wood shop constitute an appropriate bargaining unit.
The Upholsterers and the Company contend that all employees in
the machine wood shop and the cabinet and finishing departments,
EMIL J. PAIDAR COMPANY 505
craters, employees in the assembly, mirror, and loading departments,
and employees in the electrical and repairing departments, excluding
supervisory and clerical employees, constitute an appropriate bar-
gaining unit.
The only basis, urged by. the United for the smaller unit is the
strength of its membership in the two departments named. The past
labor history in the plant and in other plants of, similar type in the
same vicinity support the larger unit urged by the Upholsterers and
the Company.2
We find that all employees in the machine wood shop and the
cabinet and finishing departments, craters, employees in the assembly,
mirror, and loading departments, and employees in the electrical and
repairing departments, excluding supervisory and clerical employees,
constitute a unit appropriate for the purposes of collective bargaining
and 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
The parties stipulated, and we find, that both the United and the
Upholsterers have a substantial membership among the employees in
the unit we found appropriate in Section V above. We find that an
election will best resolve the question concerning representation.
Those eligible to vote in this election shall be the employees in the
appropriate unit who were employed during the pay-roll period
immediately preceding the date of this Direction of Election, including
employees who did not work during said pay-roll period because they
were ill or on vacation and employees who were then or have since
been discharged for cause. The United shall be designated on the
ballot as Local 18-B, C. I. 0., and the Upholsterers as Local 18-B,
A. F. of L.
Upon the basis of the above findings of fact and upon the entire
record in this case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Emil J. Paidar Company, Chicago, Illinois,
plant, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2 See five companion cases, involving the same unions, decided this day :
Matter of S. Karpen & Bros. et al., 24 N. L. R. B. 474 ; Matter of Fen8ka Bros ., Inc., et al.,
24 N. L . R. B. 482; Matter of American Furniture Novelty Company at al ., 24 N. L. R. B.
487; Matter of International Furniture Company at al., 24 N. L. R. B . 492; Matter of
Butler Specialty Company et al., 24 N. L. R. B. 497.
506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
. 2. All employees in the machine wood shop and the cabinet and
finishing departments, craters, employees in the assembly, mirror, and
loading departments, and employees in the electrical and repairing
departments, excluding supervisory and clerical employees, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Emil J. Paidar Company, Chicago, 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, Section 9, of said Rules and Regulations, among
all employees in the machine wood shop and the cabinet and finishing
departments, craters, employees in the assembly, mirror, and loading
departments, and employees in the electrical and repairing depart-
ments, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during such pay-roll period because they were ill or on vacation,
and employees who were then or have since been temporarily laid off,
but excluding supervisory and clerical employees and employees who
have since quit or been discharged for cause, to determine whether
they desire to be represented by United Furniture Workers of Amer-
ica, Local 18-B, affiliated with the Congress of Industrial Organiza-
tions, or Furniture, Woodworkers & Finishers Union, Local 18-B of
the Upholsterers International Union of North America, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither.