Harris Metal Products, Inc.

National Labor Relations Board - Board Decisions

Feb 4, 1943

47 N.L.R.B. 323 (N.L.R.B. 1943)

In the Matter Of HARRIS METAL PRODUCTS, INC. and FURNITURE, BEDDING
& ALLIED TRADE WORKERS UNION, LOCAL 92, C. I. O.
Case No. R 4.777.Decided February 4,1943
Jurisdiction : bed manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition ; contract automatically renewed after
notice of rival claim of representation, held' no bar ; election necessary.
Unit Appropriate for Collective Bargaining : production, maintenance, shipping
and receiving room 'employees, excluding office, clerical, and supervisory,
employees.
Mr. George M. Harris, ,of New . Brunswick , N. J., for the Company.
Mr. Solon-bon Go7at, of-Newark , N. J., and Mr. Joseph Magliacanb,
of East Orange, N. J., for Local 92.
Mr. Mn A. McWilliams, of Newark , N. J., for Local 66.
Mr. Louis Cokin, of counsel to the Board.
1; S
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Furniture, Bedding & Allied Trade
Workers Union, Local 92, C. I. 0., herein called Local 92,' alleging that
a question affecting commerce had arisen concerning the representation
of employees of Harris Metal Products, Inc., New Brunswick, New
Jersey, herein called the Company, the National Labor Relations Board
provided for an appropriate _ hearing upon due notice before Sidney,
Reitman, Trial Examiner.. Said hearing was held at New Brunswick,
New Jersey, on January 16, 1943. The Company, Local 92, and Furni-
ture Workers Union No. 66, AFL, herein called Local 66, appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine 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.
Upon the entire record in the case, the Board makes the following :
47 N. L.R.B,No 38.
323
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS,OF FACT
1. THE BUSINESS OF THE COMPANY
Harris Metal Products, Inc., is a New Jersey corporation with _ its
principal- place of business at New Brunswick,- New Jersey, where
it is engaged in the manufacture, sale, and distribution of steel beds,
coils, springs, bedsteads, and berths. During.1942 the Company pur-
chased raw materials valued in excess of $80,000, approximately 95
percent of which was shipped to it from points outside the State of
New Jersey. During the same period the Company sold: finished prod-
ucts valued in excess of $150,000, approximately 98 percent of which
was shipped to points outside the State of New Jersey. The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Furniture, Bedding & Allied Trade Workers Union, Local 92, is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
- , Furniture Workers Union No. 66,-is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
III. -THE QUESTION CONCERNING REPRESENTATION
On March 9, 1942, the Company and Local 66 entered into an ex-
,elusive bargaining contract. The contract provided that it should
continue in effect until March 9, 1943, and from year to year there-
after unless 30 days' notice was given by either party thereto prior
to any expiration date. During some time prior to the date of the
hearing, Local 92 requested the Company to recognize it as the ex-
clusive bargaining representative of; the Company's employees. The
Company has refused these requests because of the existence of the
contract between it and Local 66. Inasmuch as Local 92 made its claim
upon the Company prior to February 9, 1943, the date upon which
the contract alluded to above would have been automatically renewed,
we find that the contract does not constitute a bar to a determination
of representatives at this time.
'A statement of the Regional Director, introduced into evidence
during the hearing, indicates that Local 92 represents a substantial
n
HARRIS METAL PRODUCTS, INC. 325
number of the employees in the unit hereinafter found to be appro-
priate?
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
All parties agree that all production, maintenance, shipping, and
receiving room employees of the Company, excluding office, clerical,
and supervisory employees, constitute an appropriate unit. However,
the parties are in dispute as to the disposition to be made of the
following two employees.
Anthony Santalucia is classified by the Company as a foreman..
Local 92 and Local 66 urge that he be included in the unit and the
Company that he be excluded. Santalucia is in complete charge of
the pressroom which has 20 employees. He assigns work, instructs
new employees, and recommends discipline of his subordinates. In
addition, he has the authority to recommend the hire or discharge of
employees. We find that Santalucia is a supervisory employee and
we shall exclude him from the unit.
Sherlock Wilborne is classified by the Company as a maintenance
employee. Local 92 and Local 66 request that he be included in the
unit and the Company that he be excluded. Wilborne is the only
employee in the factory who is paid on a salary basis and he is respon-
sible for the maintenance of the electrical, power, and heating equip-
ment. He has complete supervision over one employee who assists
him, and is charged with the duty of preparing time studies for the
production department. Under the cikcumstances, we find thatiWil-
borne is, a supervisory employee and should be excluded from the unit.
We find that all production, maintenance, shipping and receiving
room employees of the Company, excluding office, clerical and super-
visory employees, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
1 The Regional Director reported that Local 92 presented 16 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of December 2, 1942 He further reported that Local 66 presented 5 membership
application cards beating apparently genuine signatures of persons whose names appear on
the pay roll of Deceiriber 2, 1942 . Theie are approximately 23 employees in the appropriate
unit
2 This is substantially the same unit as provided for in the contract between Local 66 and
the Company; N
326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and- additions set forth in the
Direction.
Local 92 requests that it appear on the ballot as "Furniture, Bedding
& Allied Trades Workers Union, Local 92, C. I. 0." Local 66 requests
that it.appear on the ballot as "Furniture Workers: Local No. 66,
AFL." The requests are hereby granted.
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 representa-
tives for the purposes of collective bargaining with' Harris Metal
Products,' Inc., New Brunswick, New Jersey, 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 Second 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 during the, pay-roll period immediately
preceding the date of this Direction, including any such ' employees
who did not work during said pay-roll period because they- were ill
or oh 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 'they desire to be repre-
sented by' Furniture, Bedding & Allied Trades Workers Union,-Local
92,'C. I: 0., or by Furniture Workers Local No. 66,' AFL, for the
purposes of collective bargaining, or by neither.