Ideal Seating Co.

National Labor Relations Board - Board Decisions

Oct 16, 1941

36 N.L.R.B. 166 (N.L.R.B. 1941)

In the Matter Of IDEAL SEATING COMPANY and UNITED FURNITURE:
WORKERS OF AMERICA, C. I. O.
Case No. R-3047.-Decided October 16, 1941.
Jurisdiction : public seating manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board; strikers and
those hired since strike eligible to vote ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including shipping, receiving, and packing departments, watchmen,.
and janitor , but excluding office and clerical employees, executives, superin-
tendents, foremen, drafting employees, and timekeeper ; agreement as to.
Cleland & Snyder, .by Mr..Rolland J. Cleland, of Grand Rapids,.
Mich., for the Company.
Mr. Joseph E. Arsulowicz, of Grand Rapids, Mich., for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 25, 1941, United Furniture Workers of America, C. 1. 0;.
herein called the Union, filed with the Regional Director for the
Seventh Region (Detroit, Michigan) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Ideal Seating Company, Grand Rapids, Michigan,.
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Sep-
tember 8, 1941, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended. ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon. due notice.
On September 10, 1941, the Regional, Director issued a notice of
hearing, copies of which were duly served,upon the Company and the
36 N. L. R. B., No. 28.
166
IDEAL SEATING COMPANY 16T
Union. Pursuant to notice, a hearing was begun on September 16,,
1941, at Grand Rapids, Michigan, before Woodrow J. Sandler, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company and the Uliion were represented and participated in the
hearing. A letter dated September 15, 1941, from Association of
Employees of Ideal Seating Company, addressed to the Company was:
introduced in evidence. The Association claimed to represent "a
greater portion of the employees who are now considered as your-
employees," and requested a conference. The Trial Examiner ad-
journed the hearing in order that the Association might be served with-
notice of the proceeding. On September 17, 1941, the Regional Di-
rector issued a notice of hearing which was duly served upon the
Association. The hearing was resumed on September 24, 1941, at.
Grand Rapids, Michigan, before Woodrow J. Sandler. Counsel for
the Association appeared and stated that he had no desire to intervene
in.the proceeding. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce. evidence bearing on the issues.
was afforded all parties. During the course of the hearing, the Trial
Examiner made several rulings on motions and on objections to the
admission of evidence. The Board has 'reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
On October 6, 1941, the Company filed a brief which the Board has_
duly considered. The Company, in said brief, contends that since
the hearing on September 24, the strike of, August 19 has ceased to be a
current labor dispute and offers in support thereof the affidavit of
William A. Gedris, its president. The Company moves that the Board
make the affidavit a part of the record or in the alternative that it
° reopen the hearing in order that the Company may offer testimony
in support of its contention. The motion is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Ideal Seating Company is a Michigan corporation, engaged in the
State of Michigan, in the manufacture of public seating for theaters,
auditoriums, and public buildings. During the year ending July 31,
1941, the Company purchased raw materials, consisting principally of
steel, wood; upholstery filling material, and^upholstery.material, valued
at $361,762.92, of which approximately 57 per cent was shipped from'
points outside the 'State of. Michigan to the Company's plant at Grand.
Rapids,, Michigan. The Company manufactured finished products,
during the same period, valued-at $646,940.64, of which approximately.
90.6 per cent was sold and transported to States other than Michigan..
168 DECISIONS OF 1VATIOIVAL LABOR R-FLATIONS BOARD
II. THE ORGANIZATIO1 INVOLVED
United, Furniture Workers of America, C. I. O., is a labor organiza-
tion, affiliated- with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 19, 1941, the Union requested the Company to'
recognize it as the exclusive bargaining agent of its employees. The
Company denied the request until the Union is certified by the Board.
A report prepared by the Regional Director concerning claims of
:authorization for the purpose of representation which was introduced
in evidence at the hearing shows that the Union represents a sub-
stantial number of the employees within the unit hereinafter found to
be appropriate.'
We find that a question has arisen concerning the representation of
.employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among. the several States and
tends to lead to labor disputes burdening and obstructing commerce
,and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union -agreed at the hearing, ai'd' We. find,
that all ' production and maintenance employees of the Company, in-
'cluding shipping , receiving , and packing departments , watchmen, and
janitor, but excluding office and' clerical ' employees, executives,, super-
intendents , foremen , drafting employees, and timekeeper , constitute
an appropriate unit for the purposes of collective bargaining. We
find furtlier ' that . such Unit will' insure t'o employees - of t'lie Company
the' hilli benefit of their right to, self-organization and. to' collective
bargainingand` otherwise effectuate , the policies of- the, Act.
1 Tlio' Regional' Dirdetbr' reported that th'e Union prlYsented ' 69' ap ilieation' cardb; of
which. 2 - were dated in May 1941 , 58-in July and August 1941, and 9 were , undated: All
th'ese' cards, with ' one' exception', contained' names ' wh`ich' Were ' on the pay=roll li§'t' sub=
matted' by'thel Company7on) August 26; 19414; 6'T of'the earde1 c6at'aiffed sigffaltures^ Which
appeared to be genuine original signatures , and 2 contained names which : were hand-
printeU. ( Fhe' , Union contend§' that' as' of August 26 ; 1941; there' werb' $5` In tile unit'
hereinafter' fonihdi to' tier appropriate,, and! the' Company , centends ' Watt theie were "96:
IDEAL SEATING COMPANY
,'I. 'THE )DETERMINATION OF -REPRESENTATIVES
X1,69)
We find that the question concerning representation which has.
arisen can best be .resolved by an .election by secret ballot. On.
August 19, 1941, astrike of the employees of the Company was.called_
by the Union. The majority, of the striking employees had not
returned to work at the.time of the hearing. The Company contends;
that the last pay roll preceding the date of election should be used
as the eligibility date and that the strikers are not entitled to vote.
because they have been replaced. We find that the dispute is.
current 2 and that the strikers have, therefore, continued to be em •
ployees of the .Company, within the meaning ,of 'Section .2 .(3) of (the
Acts, and are entitled to ,vote.
The Union ,urges that the pay roll of the Saturday immediately
preceding .August 19., 1941, the :date the strike occurKed, should be
used as the eligibility date, thus excluding the persons hired to re-
place the striking.einployees. The persons :in-question are employees
of the Company and as such,are entitled to,participate in the•selection:
of the :bargaining representative ,of :such .employees.3
Accordingly, we shall direct that those :persons .eligible to vote in
'the election ,hereinafter directed shall be all employees who were in
the employ of the Company during.the ,pay-roll period .immediately ,
preceding the date of our Direction of Election, and the employees
who were on strike during the said .pa'y-roll period, subject lto.such.
limitations and additions as are set forth in.the Direction.
Upon the basis of the above ifindings of fact and upon the entire
record in the case, the Board makes the following :
'CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Ideal Seating Company, 'Grand Rapids,
2 We have heretofore denied the motion of the Company to introduce into the record'
an affidavit alleging that since the hearing practically all jobs have been filled by new
employees and that the plant has been restored to normal operation. The company's,
contention is that, because operations have returned to normal and picketing has become
sporadic , the strike is no longer a current -labor dispute. The alleged facts set forth in
the affidavit are immaterial and the contention of the Company is without merit. It is
admitted that the strike was caused by the failure of the U nion to obtain from the-
Company recognition as the exclusive bargaining agent of the employees . The Union
Invoked the Act to settle the question of representation , the strike was current at the
time of the hearing , and there is no evidence that the Union has called off the strike.
It is apparent that there is a current labor dispute within the meaning of the Act.
8 See Matter of The Rudolph Wurlitzer Company and Piano, Organ, and Musical Instru-
ment Workers Union Local No. 1190, 32 N. L. R. B., No. 35. See National Labor Relations:
Board v. Mackay Radio & Telegraph Company, 304 U. S. 333, rev'g 92 F. ( 2d) 761, affg
87 F. (2d) 611 (C. C. A. 9), setting aside Matter of Mackay Radio & Telegraph Company,
a corporation and American Radio Telegraphists ' Association , San Francisco Local No. 3,.
1 N. L. R. B. 201.
170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Michigan, within the meaning of Section 9 (c) and Section 2 (6)
:and (7) of the Act.
2. All production and maintenance employees of Ideal Seating
-Company; Grand Rapids, Michigan, including shipping, receiving,
.and packing departments, watchmen, and janitor, but excluding office
and clerical employees, executives, superintendents, foremen, drafting
employees, and timekeeper, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
,(b) of the Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
.hereby
DIRECTED that, as part of the investigation authorized by the Board
-to ascertain representatives for the purposes of collective bargaining
with Ideal Seating 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 supervision of the Regional Director for the Seventh
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees of
the Company who were in the employ of the Company during the
pay-roll period immediately preceding the date of this Direction,
including shipping, receiving, and packing departments, watchmen,
and janitor, and including employees who did not work during such
pay-roll period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily laid
off, or who were on strike, but excluding office and clerical employees,
-executives, superintendents, foremen, drafting employees, and time-
keeper, and employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented for
the purposes of collective bargaining by United Furniture Workers
-of America, C. I. O.
Mr. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.