Gluck Brothers, Inc.

National Labor Relations Board - Board Decisions

Dec 8, 1942

45 N.L.R.B. 1159 (N.L.R.B. 1942)

In the Matter of GLUCK BROTHERS, INC. and UNITED FURNITURE
WORKERS OF AMERICA, C. 1. 0.
Case No. R-4542.-Decided December 8, 1942
Jurisdiction : furniture manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition until certification by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees, including watchmen , firemen , and permanent lumberyard workers,
but excluding temporary lumberyard workers, and supervisory and office cleri-
cal employees.
Mr. Austin N. Fisher, by Mr. Vernon A. Samuels, of New York
City, for the Company.
Mr. S. Matthew Lynch, of Chattanooga, Tenn., for the Union.
Mr. Leon Novak, of counsel to the Board.
4 DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Furniture Workers of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Gluck Brothers, Inc.,' Morristown, Tennessee, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before Paul L. Styles, Trial Examiner.
Said hearing was held at Morristown, Tennessee, on November 12,
1942. 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 bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
I Incorrectly designated in the petition and other formal papers as "Gluck Brothers
Furniture Company," and corrected by stipulation at the hearing.
45 N. L. R. B., No. 163.
1159
1160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Gluck Brothers, Inc., is a New York corporation licensed to do
business in the State of Tennessee, and is engaged in the manufacture,
sale, and distribution of furniture through the only plant owned by
it and operated in Tennessee.
During the year 1941, the Company purchased raw materials valued
in excess of $250,000. These raw materials consisted principally of
lumber, varnish, glue, and hardware. Eighty-five percent of the raw
materials came from points outside the State of Tennessee. During
the same period the Company sold approximately $500,000 worth of
finished products. Ninety percent of the finished products was
shipped into and through States other than the State of Tennessee.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
A. THE ORGANIZATION INVOLVED
United Furniture Workers of America is a labor organization,
affiliated with the Congress of Industrial Organizations , admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 9, 1942, the Union requested the Company to recognize
it as the exclusive representative of certain of the Company's
employees. The Company refused this request until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at, the hearing, indicates that the Union represents a sub-
stantial number of the employees of the unit hereinafter 'found to
be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of the employees of the Company within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
1V. THE APPROPRIATE UNIT
The parties agreed that all production employees should be included
in the appropriate unit, and that supervisory and office clerical
2 The Field Examiner reported that the Union had submitted 76 cards bearing the
apparently genuine signatures of persons on the Company 's pay roll of October 20, 1942.
There are approximately 165 persons within the appropriate unit.
GLUCK BROTHERS, INC. 1161
employees should be excluded . They have failed to agree, however,
upon the inclusion or exclusion of watchmen , firemen, lumberyard
workers, and maintenance men. The Union contends that all these
employees should be included in the appropriate unit. The'Company,
on the other hand , claims that the four watchmen and three permanent
lumberyard workers should be excluded because of their asserted
close connection with the management ; and that the firemen and
maintenance employees , because of their , high degree of skill , should
also be excluded.
-The four watchmen employed by the Company guard the premises
at night against fire and intruders ; the record does not show that they
are a specialized plant protection force or perform duties other than
those customarily performed by watchmen . In the absence of such
showing, we find that watchmen should be included in the appro-
priate unit.
The 'Company employs three permanent workers in the lumber
yard , and on occasion hires temporary workers to unload materials.
The record does not support the Company 's contention that lum-
beryard employees are closely allied with management . We shall
include the permanent employees employed as lumberyard workers
in the appropriate unit. However, we shall exclude the temporary
lumberyard workers, since it appears that they are employed for short
and irregular periods as casual laborers.
The Company's firemen supply steam for the generators and assist
in watching the buildings . The Company 's maintenance men are
in charge of the maintenance of buildings , generator room, boiler
room, and the inspection and repair of machinery . While these em-
ployees possess some degree of skill, their duties and interests do
not appear to be sufficiently different from those of the production
employees to warrant their exclusion . We find that firemen and
maintenance men should be included in the appropriate unit.
We find that all production and maintenance employees of the
Company, including watchmen, firemen , and permanent lumberyard
workers, but excluding temporary lumberyard workers, and super-
visory and office clerical employees , constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
V. THE DETERITINATION OF REPRESENTATIVE'S
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
1162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein, subject to the limitations and additions set forth in the Direc-
tion.
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Gluck Brothers,
Inc., Morristown, Tennessee, an election by secret ballot shall be con-
ducted 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 Tenth Region, acting in this matter as agent
for the National Labor Relations Board and subject to Article III,
.Section 10, of said Rules and Regulations, among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including any such employees who did not work during said
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 any who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
United Furniture Workers of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining.
v