Grand Rapids Cabinet Co.

National Labor Relations Board - Board Decisions

Jul 31, 1941

33 N.L.R.B. 1002 (N.L.R.B. 1941)

In the Matter of GRAND RAPIDS CABINET COMPANY and UNITED FuR-
NITURE WORKERS OF AMERIOA, AFFILIATED WITH THE CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. R-27,04.-Decided July 31, 1941
Jurisdiction: store equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: Com-
pany never replied to union's request for a, collective bargaining conference;
notwithstanding union's request for a pay roll as of the filing of the petition
and Company's request for a current pay roll, pay roll as of end of seasonal
operations used to determine eligibility ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including stockroom employees, but excluding superintendents, fore-
men, employees in the engineering department; office employees, and truck
drivers.
Mr. Stephen F. Dunn, of Grand Rapids, Mich., for the Company.
Mr. Frank Rogers and Mr. Ben Shouse, of Grand Rapids, Mich.,
for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TFIE CASE"
On May 13, 1941, United Furniture Workers of America, affiliated
with the Congress of Industrial Organizations, herein called the
Union, filed with the Regional Director for the Seventh Region
(Detroit, Michigan) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Grand Rapids Cabinet Company, Grand Rapids, Michigan, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On June
19, 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 Regulations-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.
33 N. L. R. B., No. 176.
1002
GRAND' RAPIDS CABINET, COMPANY 1003
On July 3, 1941, the. Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on July 11, 1941, at Grand
Rapids, Michigan, before Earl R. Cross, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company was rep-
resented by counsel, the Union by its representatives; both partici-
pated in the hearing. 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 and on objections
to the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDING OF FACT
1. TIIE BUSINESS OF THE COMPANY
Grand Rapids Cabinet 'Company is a Michigan corporation with
its principal office and plant at Grand Rapids, Michigan, where it
is engaged in the manufacture of ice cream cabinets, bobtail foun-'
tains, storage boxes for ice cream, and store equipment. During its
fiscal year ending June 1, 1941, the Company purchased raw materials
valued at about $400,000, approximately $267,000 worth of which
was shipped to it from points outside the State of Michigan. During
the same period the Company sold finished products valued at about
$726,000, approximately $620,000 of which represented sales made
by it to points outside the State of Michigan.
H. THE ORGANIZATION INVOLVED
United Furniture • Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations. It admits
to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On April 18 and 22, 1941, the Union asked the Company for con-
ferences for purposes of collective bargaining. The Company never
replied to these requests. A statement of the Regional Director, in-
troduced in evidence, shows that the Union represents a substantial
number of employees in the unit alleged by it to be appropriate.'
'The Regional Director reported that the Union presented 55 membership application
cards bearing the names of persons who appear on the Company's pay roll of June 6, 1941.
There are 89 persons on the June 6, 1941, pay roll.
1004 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Union urges that all production and maintenance employees
of the Company, including stockroom employees, but exceeding super-
intendents, foremen, employees in the engineering department, office
employees, truck drivers, and watchmen, constitute a unit appropriate
for the purposes of collective bargaining. The only controversy
with respect to the unit concerns the watchmen. The Union seeks
to exclude them from the unit and the Company seeks to include them.
The Company employs two persons classified by it as watchmen.
In addition to their duties as watchmen, these employees, Hayes and
Sawyer, fire the boilers in the Company's plant daily and when nec-
essary repair the boilers. They are paid on an hourly basis the same
as production and maintenance employees of the Company. In view
of the substantial character of their maintenance duties, we find that
Hayes and Sawyer should be included in the unit.
We find that all production and maintenance employees of the Com-
pany, including stockroom employees, but excluding superintendents,
foremen, employees in the engineering department, office employees,
and truck drivers, 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
We find that the question concerning representation can best be
resolved by an election by secret ballot. The Union stated that in
the event the Board directs an election, it desires that a pay roll as
of the time of its petition, May 13,1941, be used to determine eligibility
to vote. The Company desires the use of a current pay roll to deter-
mine the eligibility to vote. It appears that the Company's business
is seasonal and that it lays off at least 40 per cent of its personnel
GRAND RAPIDS CABINET COMPANY 1005
during the months of July and August. We find that employees eligi-
ble to vote in the election shall be those employees in the appropriate
unit who were employed during the last pay-roll period in June, sub-
ject to such limitations and additions as are set forth in the Direction
hereinafter. -
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
(CONCLUSIONS OF LAW
1. A question affecting commerce, has arisen concerning the repre-
sentation of employees of Grand Rapids Cabinet Company, Grand
Rapids, Michigan, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company, in-
cluding, stockroom, employees, but excluding superintendents, foremen,
employees in- the engineering department, office employees, and truck
drivers, constitute a unit appropriate for the purpose 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 authorized by the Board
to ascertain representatives for the purpose of collective bargaining
with Grand Rapids Cabinet Company, Grand Rapids, Michigan, 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 Seventh
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regula-
tions, among all production and maintenance employees of the Com-
pany who were employed during the last pay-roll period in June, in-
cluding stockroom employees and 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 superintendents, foremen, employees in the
engineering department, office employees, truck drivers, and employees
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.