Hoosier Desk Co.

National Labor Relations Board - Board Decisions

Mar 21, 1947

72 N.L.R.B. 1313 (N.L.R.B. 1947)

In the Matter of HOOSIER DESK COMPANY, EMPLOYER and FURNITURE &
VENEER WORKERS LOCAL 331, UPHOLSTERERS INTERNATIONAL UNION,
A. F. OF L., PETITIONER
Case No. 11-R-11!.2.-Decided March 01, 19!7.
Kahn, Dees, Donovan cC Kahn, by Mr. Arthur Donovan, of Evans-
ville, Ind., and Mr. Arthur C. Nordhoff, of Jasper, Ind., for the
Employer.
Mr. Joseph M. Jacobs, of Chicago, Ill.,,by Mr. Jacob N. Gross, of
Chicago,. Ill., for the Petitioner.
Mr. Oliver A. Switzer, of South Bend, Ind., for the Intervenor.
Mr. Frank H. Blumenthal, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Jasper,
Indiana, on January 3, 1947, before Clifford L. Hardy, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS or FACT
1. TIIE BUSINESS OF THE EMPLOYER
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 Employer used raw materials
valued in excess of $100,000, consisting principally of wood, shellac,
hardware, paint, and the like, more than 50 percent of which was
shipped from points outside the State of Indiana. During the same
period, the rn Employer's finished products, consisting of desks, were
valued in excess of $150,000, of which more than 50 percent was
shipped to points outside the State of Indiana.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.'
I See ]fatter of Hoosee? Pest. Company , 65 N L R B 785.
72 N. L. R B., No 234.
1313
1314 DECISIONS OIL NATIONAL LABOR RELATIONS BOARD
If. TILE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Em-
ployer.
United Furniture 11 orkers of America, Local No. 331, herein called
the Intervenor, is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
Employer.
III. TH E QUESTION" CONCL1L ING R1:PRESE\TATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
The Intervenor was certified 13y the Board on April 8, 1946, as the
bargaining representative of employees of the Employer. No con-
tract was executed by the Employer and the Intervenor up to the time
of the hearing. However, the Intervenor raises its certification as a
bar to this proceeding.
In August 1946, members of the Intervenor in the city of Jasper,
Indiana, including employees of the Employer, voted to terminate
their affiliation with the C. I. 0., and instead to affiliate with the
A. F. L. The history of this city-wide action to change affiliation is
set forth in Matter of Jasper Wood Products Comrmpaary,2 decided this
day. For the reasons set forth in that case, we find that the certifica-
tion of April 8, 1946, is no bar to an election in the instant proceeding.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with the parties, that all production and
maintenance employees of the Employer's Jasper, Indiana, plant,
including straw bosses, but excluding office clerical employees, the
shipping clerk, foremen, working foremen, and all other.supervisory
employees with atithority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of 'Section 9 (b) of the
Act.
2 72 N L R B 1'06 (Case No 11-RE-7)
HOOSIER DESK COMPANY 1315
DIRECTION OF ELECTION3
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Hoosier Desk Company, Jas-
per, Indiana, 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 Eleventh Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
mediately preceding 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 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 they desire to be repre-
sented by Furniture & Veneer Workers Local 331, Upholsterers In-
ternational Union, A. F. of L., or by United Furniture Workers of
America, Local No. 331, C. I. 0., for the purposes of collective bar-
gaining, or by neither.
MR. JOHN M. HousroN took no part in the consideration of the above
Decision and Direction of Election.
3 Any participant in the election herein may, upon its prompt request to, and approval
thereof by, the Regional Diiectoi, have its name removed fiom the ballot.