Indiana Desk Co., Inc.Download PDFNational Labor Relations Board - Board DecisionsJul 31, 194669 N.L.R.B. 1083 (N.L.R.B. 1946) Copy Citation In the Matter Of INDIANA DESK COMPANY, INC., EMPLOYER and UNITED FURNITURE W ORKERS OF AMERICA, LOCAL No. 331, C. I. 0., PETITIONER Case No. 11-R-1064.-Decided July 31, 1946 Kahn, Little, Dees et Kahn, by Messrs. Robert Kahn and Isidor Kahn, of Evansville , Ind., for the Company. Messrs. Harold J. Jerger and Donald Marks, of Jasper, Ind., for the C. I. O. Mr. Elmer P. Freisehlag, 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 June 20, 1946, before Arthur R. Donovan, Trial Exam- iner. 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 National Labor Relations Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Indiana Desk Company, Inc., an Indiana corporation with its principal office and place of business located in Jasper, Indiana, is engaged in the manufacture of wood office furniture. During the past year, the Employer purchased raw materials valued in excess of $50,000, 75 percent of. which represented shipments to its plant from points outside the State of Indiana. During the same period, the Employer manufactured products at the Jasper, Indiana, plant amounting in value to over $100,000, 90 percent of which represented shipments to points outside the State. We find that the Employer is engaged in commerce within the meaning of the National Labor Relations Act. 69 N. L. R. B., No. 130. 1083 1084 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION 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 all appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in accordance with the agreement of the parties, that all production and maintenance employees,' including watchmen, fire- men, and intracity truck drivers, but excluding office clerical em- ployees, temporary employees, foremen, superintendents, and all other supervisory employees 2 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 purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Indiana Desk Company, Inc., Jasper, 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 Article III, Sec- tion 10 and 11, of National Labor Relations Board Rules and Regu- lations-Series 3, as amended, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately 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 1 This includes employees Robert Schmidt and Amos Pfister. 2 The parties stipulated that the following are supervisory employees and should be excluded from the unit : Robert Krodel , Roman Kunkel , Aloys Feffer , Hubert Heller , Bernie Kunkel, Roman Steffen , Relfert Feffer , and Albert Russel. INDIANA DESK COMPANY, INC. 1085 ' present themselves in person at the polls , but excluding those em- ployees 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 No. 331 , C. I. 0., for the purposes of collective bargaining. MR. JOHN M. HOUSTON took no part in the consideration of the above Decision and Direction of Election. Copy with citationCopy as parenthetical citation