Jasper Cabinet Co.

National Labor Relations Board - Board Decisions

Nov 19, 1946

71 N.L.R.B. 712 (N.L.R.B. 1946)

In the Matter Of JASPER CABINET COMPANY and FURNITURE & VENEER
WORKERS LOCAL UNION #331, AFFILIATED WITH UPHOLSTERERS
INTERNATIONAL UNION OF NORTH AMERICA, A. F. OF L. and UNITED
FURNITURE WORKERS OF AMERICA, LOCAL 331, CIO
Case No. 11-RE-6.-Decided November 19, 1946
Messrs. P. McKinley Harris and William S. Love, both of Louisville,
Ky., for the Employer.
Mr. Joseph Jacobs, of Chicago, Ill., and Mr. Robert D. Malarney, of
Indianapolis, Ind., for the A. F. of L.
Mr. Oliver A. Switzer, of South Bend, Ind., for the CIO.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Jasper, In-
diana, on October 7, 1946, before Arthur R. Donovan, 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 OF FACT
I. THE BUSINESS OF THE EMPLOYER
Jasper Cabinet Company, herein called the Employer, is an In-
diana corporation with its principal office and place of business located
in Jasper, Indiana, where it is engaged in the manufacture and sale
of furniture. During the past year the Employer purchased raw
materials, consisting principally of lumber, veneers, hardware, and
finishing materials, valued in excess of $250,000 approximately 90 per-
cent of which was received from points outside the State of Indiana.
During the same period the,Employer manufactured and sold finished
products, valued in excess of $500,000, approximately 90 percent of
which was sold and shipped to points outside the State of Indiana.
71 N. L. R. B., No. 117.
712
JASPER CABINET COMPANY 713
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Furniture & Veneer Workers Local Union #331, affiliated with
Upholsterers International Union of North America, herein called
the A. F. of L., is affiliated with the American Federation of Labor,
claiming to represent employees of the Employer.
United Furniture Workers of America, Local 331, herein called the
CIO, is a labor organization affiliated with the Congress of Industrial
Organizations, claiming to represent employees of the Employer.
III. TILE QUESTION CONCERNING REPRESENTATION
Faced with the conflicting claims of lepresentation made by the
A. F. of L. and the CIO, the Employer filed the original petition in
this case on September 3, 1946.1
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
In accordance with the agreement of the parties, we find that all
production and maintenance employees of the Employer's Jasper,
Indiana, plant, including firemen and watchmen, but excluding all
office and clerical employees, and all supervisory employees 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 Jasper Cabinet Company,
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 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
1 A contract between the Employer and the CIO, dated September 17, 1945, is not
raised as a bar to an election.
714 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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 represented by Furniture & Veneer Workers Local Union #331,
affiliated with Upholsterers International Union of North America,
A. F. of L., or by United Furniture Workers of America, Local 331,
CIO, for the purposes of collective bargaining, or by neither.