Jamestown Lounge Co.

National Labor Relations Board - Board Decisions

May 6, 1943

49 N.L.R.B. 548 (N.L.R.B. 1943)

1
In the Matter Of JAMESTOWN LOUNGE COMPANY and UNITED
FURNITURE WORKERS OF AMERICA, LOCAL 34, C. I. O.
Case No. R-5183.Decided May 6, 1943
Mr. J. Russell Rogerson, of Jamestown, N. Y., for the Company.
Mr. Joseph E. Proudwwn, of Jamestown, N. Y., for the C. I. O.
Mr. Edward M. Nosbisch, of Buffalo, N. Y., for the A. F. of L.
Mr. Joseph E. Gubbins, 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 34, affiliated with the C. L, 0., herein called the C. I. 0., alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Jamestown Lounge Company, James-
town, New York, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due
notice before Francis V. Cole, Trial Examiner. Said hearing was
held at Jamestown, New York, on April 15, 1943. The Company,
the C. I. 0., and Upholsterers International Union, affiliated with
the A. F. of L., herein called the A. F. of L., appeared, participated,
and 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Jamestown Lounge Company, a New York corporation, with its
principal office and plant at Jamestown, New York, is engaged in the
manufacture of gun stocks, airplane parts, and furniture. During
49 N. L R. B., No. 77.
548
JAMESTOWN LOUNGE COMPANY 549
the year 1942 the Company used ra^v' materials valued at approxi-
mately $400,000, of which approximately 80 percent was shipped to
its Jamestown plant from points outside the State of New. York.
During the same period the Company manufactured at its James-
town, plant.finished products to the approximate value of $1,000,000,
of which approximately' 80 percent was shipped to points outside the
State of New York. The Company admits that it is engaged in com-,
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Furniture Workers of America, Local 34, affiliated with the
Congress of Industrial Organizations, and Upholsterers International
Union, affiliated with the American Federation of Labor, are labor
organizations admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about i\ arch 5, 1943, the C.. I. O. ,notified the Company by
letter that it represented a majority of the Company's employees and
requested recognition for bargaining ,purposes., The Company failed
to reply to the letter but stated verbally to certain members of the
C. I. O. that it would not grant such recognition since it doubted the
C. I. O.'s claim of majority.
At present there is a closed-shop agreement between the Company
and the A. F. of L., effective until November 16, 1943, covering the
employees in the upholstering department.' As to the employees in
the woodworking department, the A. F. of L. stated at the hearing
that it had attempted, on several occasions, to organize these' em-
ployees but such organizational activities were unsuccessful until
March 1943.'
Inasmuch as there is a closed-shop contract, which will not expire
until November 16, 1943, covering' the employees of the upholstering
department, we find that there is no question concerning the repre-
sentation of these employees at this time, and for this reason they
shall not be included in the unit hereinafter found to be appropriate.
Authorization and membership cards, submitted by the C. I. O. and
the A. F. of L., respectively, to the Trial Examiner at the hearing,
indicate that both unions represent a substantial number of employees
in,the unit hereinafter found to be appropriate.'
i The' Jamestown plant is comprised of two departments , namely, upholstering and
woodworking. -
' The C. I. O. submitted 56 authorization cards, 55 of which bore apparently genuine
signatures and were dated as follows. 1 in January 1943 , 32 in February 1943; and 22
in Match 1943. _
The A F. of L, submitted 50 membership cards and application forms, 49 of which bore
apparently genuine. signatures and were dated in March 1943 . The Company declined to
furnish a current pay roll whereby a determination could be made of the number of
designations beating signatures of individuals whose names appear on such pay roll.
i The Company stated that there are approximately 115 employees in the appropriate unit.
550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
In its petition` the C. I. O. requests a unit comprised of all produc-'
tion and maintenance employees, including guards, watchmen, in-
spectors, and employees of the upholstering department, but
excluding all supervisory and clerical employees. The A. F. of L. is-
in agreement as to the various classifications of employees set forth
in the petition but contends that the unit should be confined to the
woodworking department. The Company did not take any position
with respect to the unit. Since the employees in the upholstering
department are presently represented pursuant to contract, we shall
exclude them from the unit.
- Although both unions request that guards be included in the unit,
nevertheless,, since they perform plant-protection services and are
shortly expected to be militarized, and in accordance with our usual
practice, we shall exclude them from the unit hereinafter found to
be appropriate.
We find, that all production and maintenance employees, including
watchmen and inspectors, but excluding supervisory and clerical
employees, guards, and the employees' of the upholstering department,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questioni"concerning representation- which
has arisen be resolved by an election by secret ballot among the
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 int
the Direction."
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 Relations
Board.-Rules-and Regulati6ns_Series}2,"as amended;`,it is her`eby'"-;-
DIRECTED that, as part of the'investigation to ascertain representa-
tives for the purposes of-collective bargaining with Jamestown Lounge
The C. I O. requested that it be designated as United Furniture Workers of America,
C. I. 0., on the ballot. The request is granted.
I
JAMESTOWN LOUNGE COMPANY 551
Company, Jamestown, New York, 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 theThird Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
'Section. 10, 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 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 any who
have since quit or,been discharged for cause, to determine whether
they desire to be represented by United Furniture Workers of America,
C. I. O., or Upholsterers International Union, affiliated with the A. F.
of L., for the purposes of collective bargaining, or by neither.