Enterprise Upholstering Co.

National Labor Relations Board - Board Decisions

Dec 10, 1941

37 N.L.R.B. 436 (N.L.R.B. 1941)

In the Matter of ENTERPRISE UPHOLSTERING COMPANY and BEDDING
Wo *ERS ' LOCAL UNION No. 421, AFFILIATED WITH THE UPHOLSTERERS'
INTERNATIONAL UNION OF N. A. (A. F. OF L.)
Case No. R-3226.Decided December 10, 1941
Jurisdiction : upholstered furniture manufacturing industry.
Investigation-and Certification of Representatives : existence of question. Com-
pany refused to accord petitioning union recognition because of an alleged
subsisting contract with rival union; controversy concerning representation of
employees; contract with rival labor organization entered into after Company
had notice of petitioning union's claim to representation, no bar to; election
necessary.
Unit Appropriate for Collective Bargaining : all production employees, excluding
supervisory, office, and clerical employees, foremen, timekeepers, and watch-
men ; stipulation as to.
Mr. Harry A. Michaels, of Boston, Mass., for the Company.
Roemer & Reel, by Mr. George L. Roemer, of Boston, Mass., for
the Bedding Workers.
Grant cC Ango ff, by Mr. Frederic Cohen, of Boston, Mass., for the
United.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 22 and October 2, 1941, respectively, Bedding Workers'
Local Union No. 421, affiliated with the Upholsterers' International
Union of N. A. (A. F. of L.), herein called the Bedding Workers,
filed with the Regional Director for the First Region (Boston, Mas-
sachusetts) a petition and an amended petition each alleging that a
question affecting commerce had arisen concerning the representation
of employees of Enterprise Upholstering Company, Boston, Massa-
chusetts, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, here n called the Act.
37 N L Il B., No. 70
436
ENTERPRISE UPHOLSTERING COMPANY 437
On October 9, 1941, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act, and Article
III, Section 3, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On October 14 and 21, 1941, respectively, the Regional Director
issued a notice of hearing and a notice of postponement of
hearing, copies of which were duly served upon the Company
and the Bedding Workers and upon United Furniture Workers
of America, Local 136-B, affiliated with the Congress of In-
dustrial Organizations, herein called the United, a labor organiza-
tion claiming to represent employees directly affected by the investi-
gation. Pursuant to notice, a hearing was held on October 31, 1941,
at Boston, Massachusetts, before Thomas H. Ramsey, the Trial Ex-
aminer duly designated by the Chief Trial Examiner . The Com-
pany, the Bedding Workers, and the United, were represented and
participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. The Board has review,-ed
the rulings of the Trial Examiner and finds that no prejudicial errors
were conunitted. 'The rulings are hereby affirmed.
On November 13, 1941, a "Stipulation to Correct Transcript,"
entered into by the Company, the Bedding Workers, and the United,
was filed with the Board and is hereby made.a part of the record.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Enterprise Upholstering Company, a Massachusetts corporation,
is engaged in the manufacture, sale, and distribution of upholstered
furniture . The Company uses annually in its business , materials val-
ued at more than $60,000, more than 20 percent of which are shipped
to the Company's plant from points outside the State of Massachu-
setts. The Company manufactures annually finished products valued
at approximately $125,000, of which more than 20 percent are sold
and shipped to points outside the State of Massachusetts. The Com-
pany admits that it is engaged in commerce within the meaning of
the Act. The Company employs approximately 20 production em-
ployees.
433257-42-VoL 37-29
438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Bedding Workers' Local Union No. 421 is a labor organization
admitting employees of the Company to membership. It is affili-
ated with Upholsterers' International Union of North America, which
in turn is affiliated with the American Federation of Labor.
United Furniture Workers of America,, Local 136-B, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting employees of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
On August 20, 1941, the Bedding Workers at the request of the
employees, commenced its organizational activities at the Company's
plant. On August 22, 1941, the Bedding Workers requested that the
Company recognize it as the collective bargaining representative for
the Company's employees and that the Company enter into no con-
tract with any labor organization until the Board had determined the
representational question. The Company refused to negotiate with
the Bedding Workers because of a subsisting closed-shop contract
between the United and the Company, which would expire on Sep-
tember 1, '1941. On September 2, 1941, the United called a strike
allegedly because the Company had refused to negotiate a new con
tract. On September 6, 1941, the Company, and the United entered
into a new closed-shop contract, the term of which would expire
on September 1, 1942. It is clear that the contract between the Com-
pany and the United is no bar to a present invest; gation and certifi-
cation of representatives, since it was executed after the Company
had notice of the Bedding Workers' claim to represent employees of
the Company.'
A statement of the Regional Director introduced into evidence at
the hearing shows that both the Bedding Workers and the United
iepresent a substantial number of employees in the unit hereinafter
fouiid to be appropriate.2
' See Matter of The Great Atlantic it Pacific Tea Company and United Retail and Whole-
sale Employees of America 010, 33 N L R B , No 189, and cases cited therein
2 The Bedding workers filed with the Regional Du ector, 17 author iz tition cards of which
12 were dated August 21, 1941' one was dated August 22, 1941, and 4 were undated The
Regional Director reported that all the signatures were apparently genuine and bore the
names of persons on the Company's pay roll of October 15 1941, containing 17 names
The United submitted to the Regional Director a petition reading •
We, the undersigned employees of the Enteipilse Upholstering Company of Boston,
Mass, hereby state that we are members of the United Furniture Workers of America,
Local 136-B, and that we reaffirm our membership in the Union, hereby repudiating
any designation signed by any or all of us to the contrary, prior to the date hereof,
particularly any designation signed by us naming any affiliate of the A F of L as our
bargaining agent We desire that our bargaining agent be, and we expressly designate
ENTERPRISE UPHOLSTERING COMPANY 439
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 Company, the Bedding Workers, and the United stipulated
at the hearing, and we find, that all production employees of the
Company excluding supervisory, office, and clerical employees, fore-
men, timekeepers, and watchmen, constitute a unit appropriate for,
the purposes of collective bargaining.3 We further find that such
unit will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining .and otherwise
will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
We shall direct that those persons eligible to vote in the election shall
be those in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to limitations and additions hereinafter set
forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record it the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Enterprise Upholstering Company,
United Furniture Workers of America, Local 136-B as our bargaining agent to nego-
tiate a contract in our behalf coveting wages, hours and working conditions
The petition was dated September 3, 1941, and bore 15 signatures The Regional Director
reported that all the signatures were apparently genuine and were the names of poisons on
the Company's pay roll oP October 15, 1941. There are approximately 20 employees in the
unit hereinafter found to be appropriate
3 The unit covered by the contracts is all employees, except executive, sup"riutendents,
salesmen , clerical help, and foremen " In spite of the difference in the description of-the
contract unit and the stipulated unit, it appears from the record that the units are in fact
the same covering only the production employees who are upholsterers and wood finishers.
440 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
Boston, Massachusetts, within the meaning of Section 9 (c) - and
Section 2 (6) and (7) of the Act.
2. All production employees of the Company, excluding super-
visory, office, and clerical employees, foremen, timekeepers, and
watchmen, constitute a unit appropriate for the purposes of collective
bargaining within.the meaning of Section 9 (b) of the 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Enterprise Upholstering Company, Boston, Massachusetts, 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 First
Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Section 9, of, said Rules
and Regulations, among all production employees of the Company
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including all employees who did not
work during such pay-roll period because they were ill or on vacation
or in the active military service or training of the United States,
or temporarily laid off, but excluding supervisory, office, and clerical
employees, foremen, timekeepers, and watchmen, and employees who
have since quit or been discharged for cause, to determine whether
they desire to be represented by Bedding Workers' Local Union No.
421, affiliated with the Upholsterers' International Union of N. A.,
(A. F. of L.), or by United Furniture Workers of America, Local
136-B, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining, or by neither.