Jasper Office Furniture Co.

National Labor Relations Board - Board Decisions

Nov 4, 1942

45 N.L.R.B. 374 (N.L.R.B. 1942)

In the Matter of JASPER OFFICE FURNITURE Co. and UNrrED
FURNITURE WORKERS OF AMERICA , LOCAL 331, C.. I. O.
Case No. R-'4374.-Decided November 4, 191
Jurisdiction :,furniture manufacturing industry.
Investigation . and Certification of, Representatives :, 'existence of, question • re-
fusal to • bargain with petitioner until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
- employees,of plant ; no controversy as to.
Mr. Isidor Kahn, of Evansville, Ind., for the,Company.
Mr. Fred Ful f o'rd, 'of Jasper, Ind., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon petition duly filed, by United Furniture Workers of America,
Local 331, affiliated with the C. I. 0., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Jasper Office Furniture Co., Jasper, In-
diana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert D. Malarney, Trial Examiner. Said hearing was held at
Jasper, Indiana, on October 13, 1942. The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues. During the hearing the Company
moved for dismissal of the petition on the ground that the Acting
Regional Director for the Eleventh Region had no authority to
issue a statement' concerning the claims of authorization for purpose
of representation made by the Union. The Trial Examiner reserved
his ruling. The motion is hereby denied. 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 :
45 N. L. R. B., No. 59.
374
JASPER OFFICE FURNITURE CO . 375
FINDINGS OF FACT
1. THE BUSINESS OF THE'COMPANY
Jasper Office Furniture Co., an Indiana Corporation with its
principal office and place of business in Dubois County, Indiana,
is engaged in the manufacture of office furniture. The Company
purchases raw products in excess of $100,000 annually, 75 percent of
which is shipped from points without the State of Indiana.' Seventy-
five percent of its manufactured products, amounting to $150,000
annually, is shipped to points outside the State of Indiana:
II. THE ORGANIZATION INVOLVED
United Furniture' Workers of America, Local 331, affiliated- with
the Congress of Industrial Organizations, is a. labor organization
admitting employees of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
On September 16, 1942, the Union, claiming to represent a majority
of the Company's employees, requested the Company to recognize
it as the exclusive representative of its employees. The Company
refused to grant such recognition unless and until the Union is certi-
,fied by the Board.
A statement of the Acting Regional Director, introduced in evi-
dence at the hearing, indicates the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union contends for, and the Company does not oppose, a unit
consisting of all production and maintenance employees, exclusive of
clerical and supervisory employees.
We find that all production and maintenance employees of the
Company, exclusive of clerical and supervisory employees, constitute
a unit appropriate for the purpose of collective bargaining within the
meaning of Section 9 (b) of the Act.
1 The Acting Regional Director 's statement shows that the Union submitted 51 member-
ship cards , which are dated as follows : 2 in May 1942 ; 3 in June 1942 ; 24 in August
1942; 20 in September 1942; and 2 undated. All the signatures affixed to the said mem-
bership cards appear to be genuine original signatures and all bear the names of persons
whose names are on the Company's pay roll of September 24, 1942. This pay roll contained
the names of 135 employees.
376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 in 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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with Jasper Office Fur-
niture Co ., Jasper, Indiana, an election by secret ballot shall be con-
ducted 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, 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 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, but
excluding employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
United Furniture Workers of America, Local 331, C. I. 0., for the
purposes of collective bargaining.
CHAIRMAN MILms took no part in the consideration of the above
Decision and Direction of Election.