Illinois Moulding Co.

National Labor Relations Board - Board Decisions

Sep 26, 1941

35 N.L.R.B. 827 (N.L.R.B. 1941)

In the Matter Of ILLINOIS MOULDING COMPANY and UNITED FURNI-
TURE AND BEDDING WORKERS UNION LOCAL 18-B, OF THE UNITED
FURNITURE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. B-2783.-Decided September 26,1941
Jurisdiction : picture moulding industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize the petitioner, because of an alleged contract between the
Company and a rival labor organization ; alleged contract held no bar to
determination of representatives; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including watchmen, but excluding supervisors, office and clerical
employees, truck drivers, and other specified employees.
Jacobson, Merrick, Neirman cC Silbert, by Mr. David Silbert, of
Chicago, Ill., for the Company.
Meyers cQ Meyers, by Mr. Irving Meyers, of Chicago, Ill., for the
United.
Mr. Joseph M. Jacobs, of Chicago, Ill., for the Upholsterers.
Mr. Ralph S. Clifford, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 20, 1941, United Furniture and Bedding Workers Union,
Local 18-B, of the United Furniture Workers of America, affiliated
with the Congress of Industrial Organizations, herein called the
United, filed with the Regional Director for the Thirteenth Region
(Chicago, Illinois) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Illinois Moulding Company," Chicago, Illinois, herein called the
Company, and requesting'an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On July 10, 1941, the
1 Although the name of the Company appears on the formal papers in this proceeding
as "Illinois Moulding Co ^ " it appears from the record that the correct name of the
Company is "Illinois Moulding Company."
35 N. L. R. B., No. 176.
827
828 DECISIONS OF_ NATIONAL LABOR RELATIONS BOARD
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 Regulations-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 July 14, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the United,
and upon Upholsterers' International Union of North America, Local
Union 18-B, affiliated with the American Federation of Labor, herein
called the Upholsterers, a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on July 22 and 23, 1941, at Chicago, Illinois,
before Charles F. McErlean, the Trial Examiner duly designated by
the Chief Trial Examiner. The Company, the United, and the
Upholsterers were represented by counsel or other representatives
and participated in the hearing. 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 granted a
request by the Upholsterers for a continuance of the hearing in order
for the Upholsterers to obtain counsel, and made other 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 July 29, 1941, the Company filed with the Board a request for
oral argument and permission to file a brief. On July 30, 1941, the
Board denied the request for oral argument, but granted the Com-
pany, the United, and the Upholsterers leave to file briefs on or before
August 8, 1941. None of the parties filed briefs.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Illinois Moulding Company, an Illinois corporation having its
place of business in Chicago, Illinois, is engaged in the manufacture
of picture and- mirror frames, novelty furniture, and mirrors and
pictures. For the year ending November 30, 1940, the approximate
value of the raw materials purchased by the Company was $218,816.82.
Of this amount, between 85 and 90 per cent was purchased from
sources outside the State of Illinois. For the same period the value
of the Company's finished products was approximately $648,422.51.
Approximately 90 per cent of such products was shipped to points
outside the State of Illinois.
ILLINOIS MOULDING COMPANY 829
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
United Furniture and Bedding Workers Union, Local 18-B, of
the United Furniture Workers of America, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
Upholsterers' International Union of North America, Local Union
18-B, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In January and February 1941 representatives of the Upholsterers
and six companies engaged in the picture-molding industry in the
Chicago, Illinois, area, including the Company, held conferences
looking toward the establishment of a standard agreement relating
to wages, hours, and working conditions in the industry. At the
last such conference, in February 1941, the final terms of a standard
agreement were agreed upon. On May 12, 1941, the Company con-
ducted an election among its employees to determine whether they
desired the Company to enter into the proposed contract. Eighty-
six employees voted against the contract; 50 voted for it. Never-
theless, the Company signed the contract after the election on May
12, 1941, recognizing the Upholsterers as the exclusive bargaining
representative of the Company's production and maintenance em-
ployees. The contract provided that it was to be effective from May
14,194
'
1, to December 31, 1941.
Prior to the execution of the contract the Upholsterers had made
no showing of membership among employees of the Company. At
the hearing, the Upholsterers admitted that it had no dues-paying
members among the Company's employees but contended that, inas-
much as the contract covered an industry-wide unit consisting of the
employees of the six companies which had participated in the con-
ference, in which unit the Upholsterers represented a majority, it
was immaterial whether any of the employees of the Company were
members.
The contention of the Upholsterers is not borne out by the record.
In addition to the firms which participated in the above-mentioned
conferences, there are some 20 or 30 concerns engaged in the picture-
molding industry in the vicinity of Chicago, Illinois, none of which
was represented at these conferences. There is no showing that these
concerns have entered into contractual relations with the Upholsterers
establishing an industry-wide unit. Moreover, the contract between
830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
11
the Upholsterers and the Company names the Company as the em-
ployer and on its face purports to establish a unit consisting only of
employees of the Company, since it provides that "this contract shall
apply to a unit of representatives as to the Employer consisting of all
production and maintenance workers ..." 2
On May 13, 1941, the United, which had begun organizing the Com-
pany's employees in November or December 1940, wrote to the Com-
pany claiming to represent a majority of the employees and requesting
the Company to bargain. The Company replied on May 19, 1941, re-
fusing the United's request on the ground that it had entered into the
exclusive bargaining contract with the Upholsterers on May 12, 1941,
mentioned above, covering the employees whom the United claimed to
represent. At the hearing the Company and the Upholsterers, in
effect, contended that the aforesaid contract constitutes a bar to a
determination of representatives.
We find that the alleged industry-wide contract between the Up-
holsterers and the six companies does not constitute a bar to a present
determination of representatives. Contrary to the contention of the
Upholsterers, the contract and the negotations leading thereto do not
establish that the employees of the Company here involved are a part
of an existing industry-wide unit since only 6 out of approximately
26 or 36 firms in the industry participated in the negotiations and
since the contracts resulting therefrom fix a unit confined to the
employees of each employer. Moreover, the record shows that the
Upholsterers did not represent a majority of the employees in an
appropriate unit of the employees of the Company, at the time the
contract was executed. The employees rejected the contract by a vote
of 86 to 50 out of a total of approximately 160 employees affected
thereby. The Upholsterers had made no showing of designation as
a collective bargaining representative by employees of the Company
prior to the execution of the contract, and at the hearing admitted that
it had no dues-paying members among such employees.
From a report prepared by the Regional Director it appears that
the United represents a substantial number of employees of the Com-
pany in the unit hereinafter found to be appropriate.3 The Uphol-
3 Contracts containing a similar provision were entered into between Upholsterers and
each of the five other concerns which participated in the conferences referred to above.
3 The Regional Director's report states that the United submitted 104 authorization
cards, 84 of which were undated, and 20 of which were dated during May 1941. Ninety-
two of the signatures affixed to the cards are names of persons whose names are on the
Company's pay roll of June 11, 1941 The June 11, 1941, pay roll listed 164 employees.
The Trial Examiner reported that during the hearing the United submitted an additional
21 cards, 15 of which were dated during June 1941, and 6 of which were undated.
Eighteen of the cards bear apparently genuine original signatures and 15 of the 18
signatures which appear to be genuine and original appear on the Company's June 11,
1941, pay roll. The remaining three cards bear printed names which appear on the
Company's June 11, 1941, pay roll.
ILLINOIS MOULDING COMPANY 831
sterers refused to submit evidence of representation contending that
its contract with the Company is a bar to a determination of rep-
resentatives.
We find that it 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 operation 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, the United, and the Upholsterers agreed and stipu-
lated at the hearing that "all production and maintenance employees,
excluding supervisors Andrew Slowik, Alfred Kindgren, and E.
"Molner, and their superiors, office and clerical employees, and truck
drivers," should be included in the appropriate unit' However, the
parties are not agreed as to the inclusion or exclusion of the watchmen.
The United in its petition requested that watchmen be included, but
stated at the hearing that it was indifferent as to whether they should
be included or excluded. The Upholsterers desires their inclusion and
the Company desires their exclusion. 'We find that the watchmen
should be included in the appropriate unit.5
We find that all the Company's production and maintenance em-
ployees, including watchmen, but excluding supervisors, Andrew
Slowik, Alfred Kindgren, and E. Molner, office and clerical employees,
and truck drivers, constitute a unit appropriate for the purposes of
collective bargaining and that such unit will insure to employees of the
Company the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The United
* while it is not clear from the record whether or not Andrew Slowik, Alfred K indgren,
and E. Molner are the only supervisors among the Company's employees , we shall exclude
additional supervisors , if any, from the appropriate unit and our Direction shall be so
construed.
5See Matter of Continental Mills and Textile Workers Union of America , 0 I. 0.,
30 N. L . R. B. 82.
832 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
urged that the pay roll as of the week ending June 25, 1941, be used
as a basis for determining eligibility to vote in the event the Board
directed an election. In support of its request that the said pay roll
be used the United alluded to "the possibility of an attempt to jam
the shop with strangers and defeat an honest election." There is no
evidence in the record which indicates that such practices might be
indulged in. The Upholsters and the Company take no position as to
the eligibility date. No reason appears why the pay roll for the
period immediately preceding the Direction of Election should not be
used, in accordance with our usual practice. We shall direct that the
employees of the Company eligible to vote in the election shall be
those in the appropriate unit who were employed during the pay-roll
period immediately preceding this Direction of Election, subject to
such limitations and additions as set forth in the Direction.
Upon the basis of the above findings 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 Illinois Moulding Company, Chicago, Illi-
nois, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All production and maintenance employees of the Company, in-
cluding watchmen, but excluding supervisors, Andrew Slowik, Alfred
Kindgren, and E. Molner, office and clerical employees, and truck
drivers, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations 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 Relations Act
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
D=cTm that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Illinois Moulding Company, Chicago, Illinois, an election,by
secret ballot shall be conducted as early as possible, but not later thin
thirty (30) days from the date of this Direction of Election, under
the direction and supervision of the Regional Director for the Thir-
teenth Region, acting in this -matter as agent for the National Labor
Relations Board, and subject to Article III, Section 9, of said Rules
and Regulations, among all production and maintenance employees of
ILLINOIS MOULDING COMPANY 833
the Company, including watchmen, who were employed by the Com-
pany during the pay-roll period immediately preceding the date of
this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tem-
porarily laid off, but excluding supervisors, Andrew Slowik, Alfred
Kindgren, and E. Molner, office and clerical employees, and truck
drivers, and employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by United
Furniture and Bedding Workers Union, Local 18--B, of the United
Furniture Workers of America, affiliated with the Congress of Indus-
trial Organizations, or by Upholsters' International Union of North
America, Local Union 18-B, affiliated with the American Federation
of Labor, for the purposes of collective bargaining, or by neither.