Hedstrom-Union Co.

National Labor Relations Board - Board Decisions

Aug 11, 1944

57 N.L.R.B. 1267 (N.L.R.B. 1944)

I
In the Matter Of HEDSTROM-UNION COMPANY and LOCAI. 154, UNITED
FURNITURE WORKERS OF AMERICA (CIO)
Case No. 1-RD99d0.Decided August 11, 1944
Mr. Samuel M. Salny, of Fitchburg, Mass., for the Company. ,
Grant and Angoff, by Mr. Sidney S. Grant, of Boston, Mass., for
the C. 1. 0.
M11r. William Francis, of Boston, Mass., for the Carpenters.
Mr. William Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by Local 154, United Furniture Workers of
America (CIO), herein called the C. I. 0., alleging,'that a question
affecting commerce had arisen concerning the representation of em-
ployees of, Hedstrom-Union Company, Fitchburg, Massachusetts,,--
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Leo J. Hal-
loran, Trial Examiner. Said hearing was held at Gardner, Massachu-
setts, on July 6,1944. The Company, the C. I. 0., and United Brother-
hood of Carpenters and Joiners of America (AFL), herein called the
Carpenters, appeared and participated.' All parties' were afforded full
opportunity to be heard, to examine and cross-examine witnesses, to
introduce evidence bearing on the issues, and to file briefs with the
Board. At the hearing the Company moved for, dismissal of the
C. I. O's petition on the ground that a valid and subsisting contract -
between it and the C. I. 0., covering the employees in the unit peti-
tioned for, constitutes a bar to this proceeding. The Tial Examiner
reserved ruling upon this motion for the Board. For reasons stated
in Section III, infra, we hereby deny the motion. At the hearing the
parties stipulated,'and it is hereby directed, that the evidence adduced
in Matter of Conant Ball Company,l insofar as pertinent, be incorpo-
rated in and made a part of the record in this case. The Trial Exam-
I Case No. 1-R-1919, 57 N. L. R B. 1262.
57 N. L. R' B, No. 192.
1267
• 1268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
iner'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 :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
D
Hedstrom-Union Company is a Massachusetts corporation engaged
at Fitchburg and Gardner, Massachusetts, in the manufacture of baby
carriages, velocipedes, various types of household furniture, and wood
and metal parts for aircraft . Both the Company 's plants, are in-
volved in the instant proceeding. During the year 1913 the Company
purchased raw materials for use at its Gardner , Massachusetts , plant,
consisting of fiber, steel, wood, paint, varnish, and shellac, valued in
excess of $125,000, of which approximately 80 percent was purchased
and shipped to the Company's plant from points outside the Common-
wealth of Massachusetts. During the salve period the Company man-
ufactured approximately $250,000 v=orth of finished products at its
Gardner plant, of which over 90 percent was shipped to points outside
the Commonwealth of Massachusetts. During the year 1943, the Com-
pany purchased over $1,500,000 worth of raw materials for use at its
Fitchburg, Massachusetts, plant, approximately 80 percent of which
was shipped to this plant from points outside the Commonwealth of
Massachusetts. During the same period the Company produced ap-
proximately $3,000,000 worth of finished products at its Fitchburg
plant, all of which was shipped to points outside the Commonwealth
of Massachusetts. - -
The Company admits, and we find, that at each of the plants in-
volved in this proceeding , it is engaged in commerce within the mean-
ing, of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Local 154, United Furniture Workers of America, is a labor organ-
ization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
United Brotherhood of Carpenters and Joiners of America, 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 5, 1942, the C. I. O. and the Company entered into a,col-
lective bargaining contract covering certain employees of the Gardner
0
HEDSTROM-UNION COMPANY 1269
and Fitchburg, Massachusetts, plants of the Company. This contract,
by its terms, was to remain in effect until May 1, 1943, and "from year
to year thereafter unless either party shall notify the other . . . in
writing by registered mail of proposed termination, changes, or alter-
ation thirty days before the expiration date hereof or before April 1
of any subsequent year." On December 17, 1942, the contracting
parties executed a supplemental agreement providing for certain
changes in the existing contract, including an extension of the termi-
nation date to May 1, 1944, and omitting the automatic renewal
clause, but providing that, upon the written request of either party
made. 30 days prior to the expiration date, the parties would com-
mence negotiations for a new contract. On March 29, 1944, the C. I. O.
advised the Compaliy in writing of its desire to make certain changes
in the current contract. By letter dated April 3, 1944, the Company
informed the C. I. O. of its willingness to discuss changes in the con-
tract. Thereafter, the C. I. O. submitted to the Company a memo-
randum of the changes it desired incorporated in a new contract.
Under date of April 24, 1944, the Company wrote the C. I. O. request-
ing proof that it currently represented a majority of the Company's
employees in the contract unit. On April 27, 1944, the Company and
the C. I. O. executed a document by which they extended the existing
contract to July 1, 1944, "without prejudice to the rights of either of
the parties hereto had this extension not been executed and . . . sub-
ject to cancellation or termination by mutual agreement at any time
prior to July 1, 1944." On May 18, 1944, the C. I. O. filed its petition
herein.
Apparently neither of the parties contends that there is now in
effect any bargaining contract which constitutes a bar to this pro-
ceeding. Although the Company predicates its motion for dismissal
of the petition upon the continued existence of the March 5, 1942, con-
tract, as amended, it does not claim that this contract is now in force;
but asserts that it filed the motion in order to obtain a ruling by the
Board that the contract has in fact expired. Under the terms of the
supplemental agreement dated December 17, 1942, the expiration-date -
of the contract between the parties was definitely stated as May 1, 1944,
a date now past. The most the parties did by their subsequent action
was to extend that agreement to July 1, 1944, a date which is also now
past. Consequently, since no contract is now in effect, we find that no
bar exists to this proceeding.
A statement prepared by a Field Examiner of the Board, intro-
duced into evidence at the hearing, as supplemented by a statement
made by the Trial Examiner on the record, indicates that the C. I. O.
1270 DECISIONS OF NATIONAL-LABOR RELATIONS, BOARD
and the Carpenters each represents a substantial number of em-
ployees in the unit which it claims to be appropriate' 2
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; , THE DETERMINATION OF REPRESENTATIVES
The C. I. O. seeks a bargaining unit comprised of all employees
of the Company at its Fitchburg and Gardner, Massachusetts, plants,
excluding executives, superintendents, I foremen, salesmen, office and
clerical help, and guards. The unit covered by the prior existing
contract between the Company and the C. I. O. was "all of [the
• Company's] employees except executives, superintendents, foremen,
salesmen, office and clerical help.", The unit requested by the C. I. O.
in the instant case is identical with the unit established by the prior
contract, except, for the exclusion of guards., The C. I.' O. desires
that the guards employed by the Company at its Fitchburg, Massa-
chusetts, plant be excluded from the appropriate unit since they are
militarized. The Company raises no objection to the appropriateness
of the requested: unit, subject; however, to whatever rights, the Car-
penters may have with respect • to employees in the proposed bar-
gaining unit.-
The Carpenters contends that- all highly skilled employees at the
,Company's Fitchburg plant-who perform carpentry work constitute
a separate appropriate unit. From the record it appears that there
are approximaely, 90 such employees engaged at the Fitchburg plant
in the manufacture of ailerons for airplanes. Soon after the entry
of the United States, into the present war, -the Company converted
its Fitchburg plant to the production of airplane parts for the
Government. In October 1942, sometime after the Company had
begun war production in its Fitchburg plant, it began hiring skilled
carpenters for work on airplane construction. The Carpenters was
requested by the United States Employment Service to furnish skilled
carpenters to the Company. The Carpenters complied with this re-
quest and since that time the Company,has hired approximately 90
skilled carpenters recommended by the, Carpenters. Each person so
employed, according to the, business representative of the Carpenters,
is a member of the Carpenters and all carpenters, as a group, have
,insisted upon their right to autonomy. The Carpenters has refused
2 The Field Examiner reported that the C. I. O. submitted a current ledger book contain-
ing the names of 604 dues-paying members and that there are approximately 800 employees
in -the unit for which the C. I. O. is petitioning.
The Trial Examiner stated on the record that the Carpenters submitted to him 31 author-
ization cards purportedly bearing the names of persons employed by the Company within
the unit which the Carpenters alleges is appropriate . There are approximately 90
- employees in the unit sought by the Carpenters.
I
HEDSTROM -UNION COMPANY 1271
to allow its members employed by the Company to sign any card or
petition circulated by the C. I. O. lest the claim be advanced that they
have thereby recognized the C. I. O. as their bargaining represen-
tative. It'appears that due to the nature of the war work done by
the Company at its Fitchburg plant, highly skilled woodworkers and
cabinet makers are needed and that the skill required is much
greater than in normal times when, the Company was engaged in
peacetime production. These skilled woodworkers and cabinet makers
comprise the unit requested by the Carpenters. They work exclu-
sively in the first clean 'department of. the Fitchburg plant and are
engaged solely in airplane construction work. Inasmuch as it appears,
that the skilled woodworkers and cabinet makers employed in the
first clean department of the Company's Fitchburg plant are a homo-
geneous and identifiable group engaged in work which we have
frequently found to be sufficiently distinguishable from that of other
production employees to warrant establishment as a separate unit and
-since it appears that they have attempted to maintain their autonomy
during the period which the C. I. O. has had exclusive bargaining
contracts with the Company, we are of the opinion that they may
properly function as a separate bargaining unit or be included in the•
larger production and maintenance unit requested by the C. I. O.
Upon the basis of the foregoing findings of fact,and upon the entire
record in the case, we shall direct that.the question concerning repre-
sentation which has arisen be resolved by means of separate elections
by secret ballot among the employees in the voting groups set forth
-below, who were employed during the pay-roll period immediately
preceding the date of the Direction of Elections herein, subject to the
limitations and additions set forth in the Direction. Upon-the re-
sults of , these elections will depend, in part, our- determination of the
appropriate unit.
The voting groups shall be as follows:
(1), All skilled'woodworkers and cabinet makers employed by the
Company in the first clean department of its Fitchburg, Massachusetts,
plant, who are engaged -in airplane construction work, excluding
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status 'of employees, or
effectively recommend such action, to determine- whether they desire
to be represented by the Carpenters, or by the C. I. 0., or by neither;
(2) All remaining employees of the Company at its Fitchburg and
Gardner, Massachusetts, plants, excluding -salesmen, office and cleri-
cal employees, guards, executives, superintendents, foremen, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether
or, not they desire to be represented by the C. 1. 0.
1272' DECISIONS OF NATIONAL - LABOR RELATIONS BOARD
DIRECTION OF,ELECTIONS
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hedstrom-Union
Company, Fitchburg, Massachusetts, elections 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 Relations Board, and subject to Ar-
ticle III, Sections 10 and it, of said Rules and Regulations, among'
the employees of the Company in each of the groups described below
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including employees who did not work
during 'said pay-roll period because they were ill or on 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 employees who have since quit or-been discharged for
cause and have not been rehired or reinstated prior to the date of the
elections :
(1) All skilled woodworkers and cabinet makers employed by the
Company in the first clean department of its Fitchburg, Massachusetts,
plant, who are engaged in airplane construction work, excluding
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, to determine whether they desire to
be represented by United, Brotherhood of Carpenters and Joiners of
America (AFL), or by Local f54, United Furniture Workers_ of
America (CIO), for the purposes of collective bargaining,_ or by
neither;
(2) All remaining employees of the Company at its Fitchburg and
Gardner, Massachusetts, plants, excluding salesmen, office and clerical
employees, guards, executives, superintendents, foremen, and all other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, to determine whether or not they
desire to be represented by Local 154, United Furniture Workers of
America (CIO), for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections.