Little Rock Furniture Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 18, 1942

39 N.L.R.B. 892 (N.L.R.B. 1942)

In the Matter of LITTLE ROCK FURNITURE MANUFACTURING COMPANY
and UNITED FURNITURE WORKERS OF AMERICA, LOCAL' 286
Case No. R-358,0.1 Decided March 18,194,9,
Jurisdiction : furniture manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including*watchmen, fireman, truck drivers, truck'washer, inspectors,
stockman, assistant shipping clerks, but excluding supervisory, office, clerical,
salesmen,"and three specifically named persons.'
Mr. William Q. Miller, of Little,Rock, Ark.,•and Mr: George_Ham,e-
now, of Detroit, Mich., for the Company..
Mr. Bernard S. Hiatt, of New York City, for Local 286.-
'Mr. H. J. Burbach; of Memphis, Tenn., for the International.
Mr. Louis Cokin, of counsel to the. Board.
DECISION
AND
DIRECTION, OF ELECTION
STATEMENT OF THE CASE
On January 19, 1942, United Furniture Workers of America, Local
,286,herein called Local 286, filed with the Regional, Director for, the
Fifteenth Region (New Orleans, Louisiana) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of -Little Rock Furniture Manufacturing Company,
Little Rock, Arkansas, herein called-the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On February 17, 1942, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act and, Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an
investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On February 18, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, Local
39 N. L. R. B., No. 175.
892
LITTLE ROCK FURNPITURiE: MANUFACTURING COMPANY 893
-286, and upon Upholsterers' International Union of North America,
affiliated with the American Federation of Labor, herein called the
International, a, labor organization claiming to represent employees
directly affected by the investigation. , Pursuant to notice, a hearing
was held on February 26, 1942, at Little Rock, Arkansas, before
Charles A. Kyle, the Trial Examiner duly' designated by the Chief
Trial Examiner. The Company, Local 286, and the International
were represented and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. During the
course of the hearing the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. The Board
has reviewed these rulings and finds that-no prejudicial errors were
committed. The rulings are hereby affirmed:
Upon the entire record in the case, the Board makes the'following :
7!
FINDINGS,,OF FACT
1. THE BUSINESS OF THE COMPANY
Little Rock Furniture Manufacturing Company is an Arkansas
corporation. It operates a plant at Little Rock, Arkansas; where it
is engaged in the manufacture of furniture. The Company pur-
chases raw materials valued at about $75,000 monthly, approximately
50 percent of which is shipped to it from points outside the State
of Arkansas. The Company sells finished 'products valued at about
$100,000 monthly, approximately 75 percent of which, is shipped by
it to points outside the State of Arkansas.
II. THE ORGANIZATIONS INVOLVED
United Furniture Workers of America, Local 286, is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Upholsterers' International Union of, North America is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Local 286 and the International, each claims to represent a majority
of -the employees. The Company stated that it doubts their claims
to a majority. A statement of the Regional Director, introduced
into evidence at the hearing, shows that Local 286 and the Inter-
894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
national each represents a substantial number of employees in the
alleged appropriate unit.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF; THE, QUESTION CONCERNING REPRESENTATION UPON
COMMERCE,
'We find that the question concerning' 'representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
Local 286, the International, and the Company agree that all pro-
duction and maintenance employees of the Company, excluding super-
visory, clerical, and office employees and salesmen properly constitute
an appropriate unit. The parties are in disagreement as to the
following classes of employees :
Watchmen: Local 286 and the Company urge that these employees
be excluded from the unit, and„ the International that they be in-
cluded. These employees are licensed by the City of Little Rock,
Arkansas, as firemen. In addition to their duties as watchmen, they
fire the Company's boilers during the night. Under these circum-
stances, we shall include the watchmen in the unit.
Fireman: The Company employs one person, designated by it as
a fireman. The International and Local 286 urge that he be included
in the unit and the Company that he be excluded. This employee is
licensed by the city of Little Rock, Arkansas, as a fireman and fires
the boilers at the Company's plant: He is paid on an hourly basis
and punches ' a time clock the same as the other employees of the
Company. We shall include the fireman in the unit:
Truck drivers: Local 286 and the International urge that these
employees be included in the unit, and' the Company that they be
excluded. These employees are engaged in transporting goods manu-
factured at the Company's plant. Although they are paid on a
weekly basis and, do- not work, in the plant, both labor organizations
desire that they be included in the unit. We shall include the truck
drivers.
The Regional Director reported that Local 286 presented 128 membership application
cards to him , and that the International presented 53 authorization or membership appli-
cation cards. There 'are approximately 220 employees in the alleged appropriate unit.
LITTLE? ROCK FURNT URF MANUFACTURING 'OOMPANY 895
Truck Washer: The International urges that this employee be
included in the unit, and the Company and Local 286 that he be
excluded. This employee is paid on an hourly basis and punches
the time clock the same as the other employees in the plant. He is
employed by the Company to maintain the trucks driven by the truck
drivers referred to above. We shall include the truck washer in the
unit.
Inspectors: The International and the Company urge that these
employees be included in the unit, and Local 286 that they,be ex-
.eluded. These employees inspect the products in their various stages
of manufacture throughout the plant. They are paid on a straight
hourly basis. Although they mark defective work, they have no
disciplinary authority with respect to any employees in the plant, but
merely report defects to the foremen. We'shall include the inspectors
in the unit.
Stockman: The International and the Company urge that this
employee be included in the unit, and Local 286 that he' be, excluded.
It appears that the duties of this employee are those of a stock chaser.
He is paid on an hourly basis the same as the other employees in the
plant, and performs no supervisory duties. We shall include him
in the unit. ,
Assistant Shipping Clerks: The International and the Company
urge that these employees be included in the unit, and Local 286 that
they be excluded. These employees are paid on an hourly basis the
same as' the other employees in the plant. They make out bills of
lading for goods shipped by the Company, and in addition perform
manual duties in connection with truck and car loading. We shall'
include them in the unit.
Virgil Cole and E. Lambert are employed as foremen in the mat-
tress department and mill room respectively. Local 286 and the
Company urge'that these employees be excluded from the unit, and
the International that they be included. These employees have 12
and 25 persons working under them, respectively, and have the right
to hire and discharge such employees. They perform no manual
duties, and spend their entire time performing supervisory functions.
We shall exclude them from the unit.
0. M. Whitftld is classified by the Company as assistant foreman
in the cabinet department. He has 10 employees working under him,
and has the authority to hire and discharge such employees. He
performs no manual work. We shall exclude him from the unit.
We find that all production and maintenance employees of the Com-
pany, including, watchmen, fireman, truck drivers, the truck washer,
inspectors, the stockman, and assistant shipping clerks, but exclud-
ing supervisory, office, and clerical employees, salesmen , "O. M. Whit-
448105-42-vol. 39-58
'896 • DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
field, Virgil Cole, and E. Lambert, constitute a unit appropriate for
the purposes,of collective bargaining and that such unit will insure to
employees of the' Company the full benefit of their right to self-
organization and to collective bargaining and otherwise will effectu-
ate the policies of the Act. 't
VI. THE DETERMINATION OF REPRESENTATIVES
We, find that the question concerning representation which has
arisen can best be resolved'by an election by secret ballot. Local 286
urges that the pay roll of January 12, 1942, the date of its petition,
be used to, determine eligibility to vote. The Company -urges that a
current pay roll be used for that purpose. The International took
no position with respect to the pay-roll period. In accordance with
our usual practice, we ' find that the employees of the Company
eligible to vote in the election shall be those 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..
'Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
L' A question affecting commerce has arisen concerning the repre-
sentation of employees of Little Rock Furniture Manufacturing Com-
pany, Little Rock, Arkansas, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company,
including . watchmen, fireman, truck, drivers, truck washer, inspec-
tors, stockman, and assistant shipping clerks, but excluding super-
visory, clerical, and office' employees, salesmen, O. M. Whitfield,
Virgil Cole, and E. Lambert, constitute a unit appropriate for 'the
purposes of collective bargaining, within the, meaning of Section
9 (b) of the Act.' '
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 Rela-
tions Act, and pursuant' to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of, the investigation 'ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Little Rock Furniture Manufacturing Company, Little Rock,
Arkansas, an election by secret ballot shall be conducted as early as,
LflT'LEROCK FURN1M"URiE MANUFACTURI NG COMPANY 897
possible, but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Di-
rector for the Fifteenth Region, acting in this matter as agent for
the National Labor Relations Board and subject to Article III, Sec-
tion 9,- of, said Rules and Regulations, among all production and
,maintenance employees of the Company who were employed during
the pay-roll period immediately preceding the date of this Direction,
including watchmen, fireman, truck drivers, truck, washer, inspec-
tors, stockman, assistant shipping clerks, and employees who did not
work during such pay-roll period because they, were ill or on vaca-
tion or in the active military service or training of the United
States, or temporarily laid off, but excluding supervisory, office, and
clerical employees, sales'mex O: M. Whitfield; Virgil Cole, E. Lam-
bert, and employees who have since quit or been ' 'discharged for
,cause, to determine ,whether .they desire to be represented, by United
Furniture, Workers of America, Local 286, affiliated with the Con-
gress of Industrial Organizations, or by-Upholsterers' International
Union of North' America, affiliated with 'the American' Federation
of Labor, for the purposes of collective bargaining, or by neither.
MR. WM. M. LEISERSON took no part in the consideration of the
aboye,Decision and Direction , of: Election.
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