Hoosier Desk Co.

National Labor Relations Board - Board Decisions

Feb 4, 1946

65 N.L.R.B. 785 (N.L.R.B. 1946)

In the Matter of HOOSIER DESK COMPANY and UNITED FURNITURE
WORKERS OF AMERICA, LOCAL #331, C. I. O.
Case No. 11-R--902.-Decided February 4, 1946
Kahn, Little, Dees & Kahn, by Messrs. Isidor Kahn and Harry P.
Dees, of Evansville, Ind., for the Company.
Mr. Frank Douthitt, of Bloomington, Ind., and Mr. Anton H.
Bettag, of Jasper, Ind., for the C. I. O.
Mr. James Zett, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Furniture Workers of America,
Local #331, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Hoosier Desk Company, Jasper, Indiana, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Clifford L. Hardy, Trial Exam-
iner. The hearing was held at Jasper, Indiana, on November 21,
1945. The Company and the Uiiion appeared and participated. All
parties 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. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
Hoosier Desk Company, an Indiana corporation, is engaged in the
manufacture of desks and chairs at its only plant in Jasper, Indiana.
During the past 12-month period the Company has used raw materials
valued in excess of $50,000, consisting principally of lumber, panels,
hardware, and finishing material, over 50 percent of which was
65 N. L R. B., No 133. 785
786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shipped to the Company from points outside the State of Indiana.
During the same 12-month period the Company's finished products
were valued in excess of $50,000, of which over 50 percent was shipped
to points outside the State of Indiana.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations-Act.
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America, Local #331, is a labor
organization, affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union requested recognition from the Company by letter dated
October 18, 1945. The Company responded, by letter dated October
20, 1945, refusing such recognition to the Union as the exclusive
bargaining representative of the Company's production and main-
tenance employees until the Union has been certified by the Board
in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, 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
We find, in substantial agreement with the position taken by the
parties at the hearing, that all production and maintenance employees
at the Company's Jasper, Indiana, plant, excluding office clerical
' The Field Examiner reported that the Union submitted 47 membership cards. Of these
cards, 45 were dated from April to October , 1945 , and 2 were undated The Trial Examiner
checked the names against a current pay roll and found that 46 names were listed on the
pay roll . There are approximately 109 employees in the unit.
The Company objected to the admission in evidence of the Report on Investigation of
Interest of Contending Labor Organizations on the grounds that it is ex parte, self -serving
document . The Trial Examiner overruled this objection and his ruling is hereby upheld
The Board requires a petitioning union to submit prima facie evidence of representation
among the employees in the appropriate unit for the sole purpose of determining whether
the petitioner has sufficient interest to justify setting in motion the Board ' s investigatory
machinery . The acceptance of such evidence in no way prejudices the Company 's legal
rights and the Board does not permit an opposing party to question the evidential showing
made by the petitioner at any stage of the proceeding We are of the opinion that the
C. I. O. had a sufficient interest at the time it filed its petition to warrant our determination
hereinafter that a question concerning representation has arisen. See Matter of Tampa
Shipbuilding Company, Inc., 62 N. L. R. B. 954 , Matter of Sunset Motor Lines, 59
N. Ir R. B. 1434 , Matter of Champion Sheet Metal Company , Inc., 61 N L R. B 511.
HOOSIER DESK COMPANY 787
employees, foremen, working foremen,2 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, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company has one part-time superannuated employee, a pen-
sioner under the Social Security Act, who works not more than the
first three Fridays of each month to earn the maximum of $15 allowed
under that Act without a consequent loss of pension. We find that
this employee has not a sufficient interest in the selection of a collec-
tive bargaining representative to entitle him to vote in the election .3
The Company requests that, in view of the termination of the war,
its employees in the armed forces be allowed the opportunity to cast
ballots by mail in any election ordered by the Board. The facts in
the instant case are substantially the same as those in Southwest
Pennsylvania Pipe Lines,4 and we will order the mail balloting of the
Company's employees in the armed forces who fall within the appro-
priate unit, subject to the limitations hereinafter mentioned .5
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction. The
Regional Director shall mail ballots to employees within the appro-
priate unit on military leave, provided one or more of the parties
hereto, within seven (7) days from the issuance of the Direction of
Election, files with the Regional Director a list containing the names,
most recent addresses, and work classifications of such employees.
2 The record does not support the Union ' s contention that the shipping clerk and straw
bosses are supervisory employees within the Board ' s customary definition , and we shall
accordingly include them
B Standard Gage Co., Inc, 62 N . L. R. B. 134; The J. S. Young Company , 55 N. L. R. B.
1174. -
464 N. L. R. B. 1384. It appears from the record of the instant proceeding that the
normal peacetime complement of the Company averages 145 to 150 employees. At the
present time there are 109 employees in the unit petitioned for. The Company does not
anticipate the necessity of hiring anyone without reemployment rights , and is consciously
striving to reserve places for its 48 employees in the armed forces . The Company offered
at the trial to supply the Board with a list of such employees and their addresses which it
claimed to have on record See also Food Machinery Corporation , Sprague-Sells Division,
64 N L. R. B. 1405 ; Erving Paper Mills, 64 N. L. R. B. 1509 ; Mayfair Cotton Mills, 65
N. L. R. B. 511
'The Union does not object to such mail ballot so long as it does not unduly delay the
election and if conditioned upon such employees ' stipulating an intention to return to the
employ of the Company. The Union ' s request for such a stipulation conflicts with the
Selective Training and Service Act, U. S. C. A., Title 50, Appendix Section 308 , b, 3 and
Section 357, which guarantee a veteran 's reemployment rights for 90 days following dis-
charge or separation from the service . The casting of mail ballots will therefore not be
conditioned per request of Union.
788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Regional Director shall open and count such ballots cast by mail
by employees on military leave, provided such ballots are returned to
and received by the Regional Director within thirty (30) days from
the date they were mailed to such employees from the Regional
Director.° l
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 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hoosier Desk
Company, Jasper, Indiana, an election by secret ballot shall be con-
ducted as early as possible, but not later than forty-five (45) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Eleventh Region, acting in this
matter as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, 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, 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, but excluding those employees who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether or not they
desire to be represented by United Furniture Workers of America,
Local #331, C. I. 0., for the purposes of collective bargaining.
6 A free interchange between the interested parties of information on the addresses and
work categories of the employees to be voted by mail will be necessary in order to avoid
challenges and post-election objections. Accordingly, the Board will make available to all
interested parties any information of this nature furnished it by any other party. In the
event that the parties should send the absentee voters information or literature bearing
directly or indirectly on the pending election, copies of all such documents should be
simultaneously filed with the Regional Office for inspection by or transmittal to the other
parties. However , acceptance or transmittal of such literature by the Board ' s offices is
not to be construed as conferring immunity on the filing party in the event that objections
are later interposed concerning its contents . The usual principles will apply.