Johnson-Carper Furniture Co, Inc.

National Labor Relations Board - Board Decisions

Jan 14, 1946

65 N.L.R.B. 414 (N.L.R.B. 1946)

In the Matter of JOHNSON-CARPER FURNITURE COMPANY, INC. and
UNITED FURNITURE WORKERS OF AMERICA, CIO
Case No. 5-R-2034.-Decided January 14,1946
Mr. Kenneth M. Brim and Mr. Roy L. Morgan, of Greensboro, N. C.,
for the Company.
Mr. Bernard Hiatt, of Martinsville, Va., for the Union.
Miss Ruth E. Bliefield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Furniture Workers of America,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Johnson-Carper Furniture Company, Inc., Roanoke, Virginia, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before George L. Weasler,
Trial Examiner. The hearing was held at Roanoke, Virginia, on
September 21, 1945. The Company and the Union appeared and par-
ticipated. All parties 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. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Johnson-Carper Furniture Company, Inc., is a Virginia corporation
with its principal place of business at Roanoke, Virginia, where it is
engaged in the manufacture of bedroom furniture. During the year
ending July 1, 1945, the Company purchased raw materials consisting
65 N. L . R. B., No. 74.
414
JOHNSON-CARPER FURNITURE COMPANY, INC. 415
chiefly of lumber, veneer, glue, hardware and mirrors, valued in excess
of $200,000, approximately 50 percent of which was shipped to it from
points outside the State of Virginia. During the same period the Com-
pany produced goods valued in excess of $400,000, approximately 90
percent of which was shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act, and we so find.
H. THE ORGANIZATION INVOLVED
United Furniture Workers of America is a labor organization, affil-
iated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the exclusive
bargaining representative of its employees until such time as the Union
has been certified by the Board in an appropriate unit.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found 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 Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the parties,
that all production and maintenance employees of the Company, in-
cluding the powerhouse engineer, and the plant maid, but excluding
all office clerical employees, the office maid, all factory clerks, factory
stenographers, guards, the nurse, all foremen, assistant foremen,' and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute, a unit
appropriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot.
1 The Field Examiner reported that the Union presented 262 application -for-membership
cards, all of which bore the names of employees on the Company ' s pay roll ; that all of the
cards were dated between February and August 1945 ; and that there are approximately 456
employees in the appropriate unit.
s Sometimes referred to as "sub-foremen "
679100-46-vol 65-28
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company contends that all of its employees in the armed service
who come within the appropriate unit and cannot be present at the
polls should be permitted to vote by mail in any election which the
Board may direct. The record reveals that the Company employs
approximately 393 employees within the unit found appropriate in
Section IV, above, and there are about 176 employees presently in the.
armed forces. It was testified that the Company does not expect any
substantial change in its operations due to the cessation of hostilities,
since it did not alter its operations materially during the war period.
It appears that the circumstances here are not substantially or mate-
rially different from those in the South West Pennsylvania Pipe Lines
case 3 and we shall, therefore, as in that case, provide for mail balloting
of employees on military leave. We shall adopt the same procedure
in this case as in the South West Pennsylvania Pipe Limes case,
wherein we stated :
The Board's experience has shown that the speed and efficacy
with which it can conduct elections has depended to a great extent
upon the degree of cooperation afforded it by the interested
parties with respect to matters such as the physical arrange-
ments for the election and the preparation of eligibility lists. A
free interchange between the interested parties of information on
the addresses and work categories of the employees to be balloted
by mail will be necessary in order to avoid challenges and post-
election objections. Accordingly, the Board will make available
to all interested parties any information of this nature furnished
it by any other party. In the event that the parties should send
the absentee voters any information or literature 6 bearing di-
rectly or indirectly on the pending election, copies of all such
documents should be simultaneously filed with the Regional
Office for inspection by or transmittal to the other parties.
6 Acceptance or transmittal of such literature by the Board's office is not to be
construed as conferring immunity on the filing party in the event that objections are
later interposed concerning its content. The usual priciples will apply.
Accordingly, we shall direct that the question concerning repre-
sentation 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 in the Direction. In this case, the Regional Director shall
mail ballots to employees within the appropriate unit on military
leave, provided one or more of the parties hereto, within seven (7)
days from the issuance of the Direction of Election, files with the
Regional Director a list containing the names, most recent addresses,
3 64 N. L. R. B. 1384.
JOHNSON-CARPER FURNITURE COMPANY, INC. 417
and work classifications of such employees. The Regional Director
shall open and count the ballots cast by mail by employees on military
leave, provided that such ballots must be returned to and received at
the Regional Office within thirty (30) days from the date they are
mailed to the employees by the Regional Director.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Johnson-Carper
Furniture Company, Inc., Roanoke, Virginia, an election by secret
ballot shall be conducted as early as possible, but not later than sixty
(60) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Fifth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among 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 shall 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 or not they desire to be
represented by United Furniture Workers of America, CIO, for the
purposes of collective bargaining.