Hekman Furniture Co.

National Labor Relations Board - Board Decisions

Jun 25, 1943

50 N.L.R.B. 834 (N.L.R.B. 1943)

I
In ' the Matter Of HEKMAN FURNITURE COMPANY and LOCAL, 415,,
UNITED FURNITURE WORKERS OF AMERICA, C. I. O. ,
Case'No. R-,5441.-Decided June X5,1943
Mr. Stephen F. Dunn, of Grand Rapids, Mich., for the Company.
Mr. G. O. Brown, of Grand Rapids, Mich., for the Union.
Hr. 'Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 415, United Furniture Workers
of America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Hekman Furniture Company,' Grand Rapids, Michigan,
herein called, the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Harold A.
Cranefield, Trial Examiner. Said hearing was held at Grand Rapids,
Michigan, on May 25 and 26, 1943. The Company and the Union
appeared and participated. All parties were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses, to introduce
evidence bearing on the issues, and to file briefs with the Board.
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 :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Hekman Furniture Company is a Michigan corporation having its
principal office and place of business in Grand Rapids, Michigan.
The Company is engaged in the business of manufacturing furniture
and plywood aircraft parts. The aircraft parts are designed, for
ultimate incorporation by other, manufacturers in aircraft manufac-
-.tured for, the use of the armed forces of the United States. During
the year 1942, the Company purchased materials for use in its man-
50 N. L. R. B., No. 120. 1
834
HEKMAN FURNITURE COMPANY 835
ufacturing operations, valued at about $206,000, more- than 50 per-,
cent of which was shipped to the Company's plant in Grand Rapids
from points outside the State of Michigan. During the same time
the Company sold manufactured products of an aggregate value ex-
ceeding $750,000, of which more than 80 percent was delivered to con-
signees located at places outside the State of Michigan. The current
operations of the Company involve the procurement of materials from
sources outside the State of Michigan, and the delivery of products to
points outside the State of Michigan, in substantially the same pro-
portions as prevailed during the year 1942. ,
The 'Company admits that it is engaged in commerce within the '
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 415, United Furniture Workers of America, affiliated with
the Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as ex-
clusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.,
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 Union seeks a unit comprised of all production' and mainte-
siance employees of the Company, excluding supervisory and clerical,
employees, plant 'guards, and inspectors. The Company contends
that the unit should be limited to those employees who are engaged
solely in the manufacture of furniture. , As indicated above, the
Company manufactures both wood furniture and plywood parts
for aircraft. In the former, its normal peacetime operation, the
'Company employs 28 workers, while its remaining 93 employees are
engaged in the latter manufacturing process.
The Compaliy seeks a unit of furniture workers on the theory that,
1 The Regional Director reported that the Union submitted 101 authorization cards all
of which bore apparently genuine original signatures ; that the names of 84 persons
appearing on the card were listed on the Company's pay roll of May 1, 1943, which con-
tained the names of 132 employees in the appropriate unit; and that 70 cards were dated
during the month of March 1943, and 14 11 ere undated.
836, D'EcrsIOINS OF NATIONAL LABOR' RELATIONS BOARD
those employees are completely' u'nde'r: the control of the Company`
whereas the'aircraft parts workers are not. The Company is one of
about a' dozen participating member companies of Ia production pool, •
,Grand Rapids Industries, Inc., hereinafter called G. `R. I. G. R., I.1
was formed in March 1942 by several furnitu"re manufacturers in'
Grand Rapids for the purpose of acting; as central representative in
securing war contracts for the manufacture of wood' parts for train'
ing airplanes, gliders, and other war items suited to their available'
woodworking facilities. Collaboration among the members is lim-
ited to war production and,does not relate to their regular Commer-
cial business. G. R. I. enters into contracts on behalf of the mem-
bers, determines the method of allocating the work and furnishes
them with advisory, engineering, and supervisory services. Because
of the control of production which G. R. I. exercises over its parti-
cipating members, the Company maintains that G. R. I. also has
control over those employees who are engaged in the manufacture
of aircraft parts. Neither the articles of incorporation of G. R. I.
nor any other evidence introduced into the record indicates that
G. R. I. has supplanted its participating members in their normal
functions with respect to employer-employee relations. There is
certainly no indication that G. R. I. is empowered to act as the repre-
sentative of its members in negotiations with unions in dealing with
labor problems. On the contrary, the testimony of the Company's
president indicates that the Company is the legal employer of all its
employees, that it retains complete control over hiring, and that it re-
tains its normal right to discharge any employee for cause. The
only change in this regard is that the Company states that it would
feel compelled to discharge or lay off an employee at the request of
G. R. I., even though it had not independently decided upon such
action. Moreover, the Company admits that if its aircraft em-
ployees are to bargain collectively it would have to be with the Hekman
Furniture Company and not with G. R. I.
The Company attempts to demonstrate a division in manufacturing
operations in order to support its argument for a separate unit for
furniture employees. The facts are that both types of manufacturing
are' carried on in one building; most of the aircraft operations are
performed in separate rooms; no furniture is manufactured in these
rooms which are 'devoted exclusively to aircraft production; all of
the machinery in the aircraft rooms is owned by G. R. I.,Cbut certain
operations on aircraft are performed in rooms principally devoted to
furniture manufacture and on machinery owned by the Company,
such operations including machining and veneering. In addition,
furniture and aircraft operations are commingled to some extent in
the packing and shipping department. -It is therefore manifest that
the furniture and aircraft operations are not completely independent
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HEKMAN FURNITURE COMPANY 837
of each other. The same is true of the employees engaged in their
manufacture and of the supervisory employees who have charge of
them.
Although the Company tries to establish a division of employees
in terms of skills necessary to manufacture the two types of products,
the record does not support this contention. The evidence of a Union
witness indicates that the, skills used in both operations are about
identical, the chief divergencies lying in the different technique's of
gluing, the smaller tolerances permitted and the use of blueprints in,
aircraft production. He further gave uncontroverted testimony that
70-75 percent of the aircraft workers came from the furniture de-
partment, and that 6 months was an extremely generous estimate of
the training period which a furniture worker would have, to undergo
in order to fit him for aircraft production. , Moreover, the Company
admits that should its production rate for aircraft diminish, it will
put the aircraft workers back into the furniture division, provided
that it can secure lumber on which to work. For all the reasons we
are of the opinion that a single unit embracing both divisions of the
Company will most effectively promote collective bargaining.
Wate/zme'n. The Company employs three watchmen who the Union
contends should properly be included in the unit as maintenance em-
ployees. The Company urges their elimination on the ground that
they should be treated like the uniformed plant-protection guards,
who are excluded from the unit by agreement. It appears that in
addition to their normal duties, all watchmen assist in firing the
plant's boilers, one acts as a sweeper, and one sponges wood prepara-
tory to its being sanded. It is therefore apparent that-the watchmen
should be included in the unit as part of the maintenance group.
Leadmen. The Company contends that these employees should be
excluded from the unit as supervisory employees. The Union asserts
that they are not supervisors and should be included. The record
indicates that the leadmen are production workers who perform
manual work and also instruct new employees. The Company claims
that the leadmen are empowered to make recommendations concerning
discipline of employees to their foremen, while the Union claims that
the leadmen's authority is limited to reporting infractions of the
Company's rules to the foremen. Inasmuch as the record does not,
clearly define the extent of their authority to discipline, we shall ex-
clude the leadmen depending upon whether they fit the definition of
supervisory employees hereinafter set forth. -
We find that all production and maintenance employees, including
watchmen, but excluding foremen, superintendents, plant guards, in-
spectors, clerical, and supervisory employees of the Company with
authority to hire, promote, discharge,- discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
536105-44-vol 50--54
838' D'EcISIONS oF- NANI'IONAL LABOR RELATIONS BOARD
action, constitute a unit appropriate ' for the, purposes of collective
bargaining within the meaning of Section-9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTA7ILVES
We shall direct, in accordance with the stipulation of the parties,
that the question concerning representation which has arisen be re-
solved by an election by secret ballot among the employees in the
appropriate unit who were employed during the pay-roll period end-
ing May, 1, 1943, subj ebt to the limitations and additions set forth in
the Direction.
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 Rela-
tions Act, and pursuant to Article III, Section 9,. of National Labor
Relations 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 Hekman Furni-
ture 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 super-
vision 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 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 ending May 1, 1943, in-
eluding employees who did not work, during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
eluding employees in the armed forces of the United States who pre-
sent themselves in person at the polls, by excluding those who have
since, quit or been discharged for cause, to determine whether or not
they desire to be represented by Local 415, United Furniture Workers
of America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining:
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