Los Angeles Period Furniture Co.

National Labor Relations Board - Board Decisions

Aug 18, 1942

43 N.L.R.B. 327 (N.L.R.B. 1942)

In the Matter Of Los ANGELES PrRIOD FURNITURE Co. and FURNITURE
WORKERS UNION, LOCAL NUMBER 1561, UN ITED BROTHERHOOD OF
CARPENTERS & JOINERS OF AMERICA, A. Y. OF L.
Case No. R-4038.-Decided August 18, 1942
Jurisdiction : furniture and airplane parts manufacturing industry.
Investigation and Certification of Representatives : -existence'. of question :
conflicting claims of rival representatives ; alleged agreement between rival
organizations that neither would conduct- campaigns nor ask for elections in
plants which other, had under contract, held no bar; charges of unfair 4abor
practices pending at, time of hearing, but disposed of at time of decision, held
no bar; election necessary. '
Unit Appropriate for Collective Bargaining : production and maintenance
employees, excluding supervisors, office personnel, and trucks drivers.
Mr. Irvin Stalmaster, of Los Angeles, Calif., for the Company.
A/ Arthur_Ga?nett, of Los Angeles, Calif., for the A.'F. of L.
Gallagher & Wirin, by Mr. Lawrence M. Weinberg, of Los Angeles,
Calif., for the C. I. O. I :
Mr.'A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF , ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Furniture Workers Union, Local Num-
ber 1561, United Brotherhood of Carpenters & Joiners • of America,
A. F. of L., herein called the A. F. of L.,1 alleging 'that a question
affecting commerce had arisen 'concerning the representation of em-
ployees of Los* Angeles Period Furniture Co., Los Angeles, Cali-
fornia, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert C. Moore, Trial Examiner. Said hearing was held at Los
Angeles, California, in July 9. 1942. The Company, the A. F. of L.,
and United Furniture Workers, Local 576, C. I. 0., herein called
the C. I. .0., appeared, participated, and were afforded full oppor-
I Incorrectly described in the petition and other formal papers as Furniture, Workers
Union, Local 1561, A F. L, and corrected by motion at the hearing
43 N. L. R. B., No. 50
327
328 DECISIONS OF NATIONAL LABOR RELATIOII^S BOARD
tunity 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 hearings are free from prejudicial error and ase
hereby affirmed. Both the A. F. of L. and the C. 1. O. filed briefs
which the Board has considered.
Upon the entire record in the case, the Board makes the following:
I
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Los Angeles Period Furniture, Co. is aCalifornia corporation hav-
ing its office and plant in Los Angeles, California, where the Company
is engaged in the manufacture of furniture and airplane parts. The
Company purchases annually' for use ' at its Los Angeles plant raw
materials amounting to approximately $500,000 in value, of which
approximately 10 percent is purchased from sources outside the State
of California. The Company's annual sales of finished products from
its Los Angeles plant amount to approximately $1,000,000, of -which
approximately 25 percent represents shipments to customers located
outside the State of California.
II. THE ORGANIZATIONS INVOLVED
Furniture Workers Union, Local Number 1561, United Brother-
hood of Carpenters & Joiners of America, A. F. of L., is a labor or-
ganization afilialted with the American Federation of Labor,
admitting to membership employees of the Company.
United Furniture Workers, Local 576, C. I. 0., is a labor organi-
zation, affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. . THE QUESTION CONCERNING REPRESENTATION
In the early part of 1941, and thereafter, the A. F. of L. requested
that the Company bargain collectively. The Company .refused upon
the ground that it had a collective bargaining contract with the C. I. O:
The C. I. O. 'does not urge this contract which has since expired as
a bar to this present proceeding but does' urge that no election should
be held because at the time of the hearing there were pending charges
of unfair labor practices on the part of the' Company, filed by the C.
I. 0., and because of an alleged agreement between the C. I. O. and
the A. F. of L. to the effect that neither will conduct campaigns nor
ask for elections in plants which.the•other has under contract. _• ,
LOS ANGELES PERIOD' FURNITURE CO.' 329
We are of the opinion and find that the facts presented do not con-
stitute a bar to the present proceeding. The charges of unfair labor
practices have now been disposed,of.2 No evidence was introduced to
establish the existence of the alleged agreement. Moreover, although
settlement of labor disputes is to'be encouraged, rights of employees
under the Act and the jurisdiction of the Board thereunder may not
be compromised by agreements among ' private parties. Thus; all
agreement of the sort alleged would offer no obstacle to a present
determination'of representatives.
A Statement of the Regional. Director,3 introduced in evidence,
together with other' evidence 4 submitted by the A. F. of L., shows that
the A. F. of L. represents a substantial,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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties; that all
production and 'maintenance employees of the Company, excluding
supervisors, office personnel, and truck drivers; constitute a unit ap-
propriate 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 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.
2 An appeal from the dismissal of the unfair labor practice charges was denied, after
consideration by the Boaid , on August 18, 1942
8 The Regional Director reported that the A. F. of L. had submitted a membership
roster and dues record containing 91 names ; that the last months for which dues were,
paid for members so listed were January 1942-2, February 1942-2, April 1942-6, May
1942-79, and June 1942-2, that the membership dues record appeared to be authentic and
valid, and that of the 91 names , 80 names appeared on the Company ' s pay roll submitted
June 5 , 1942, containing approximately 180 employees in the unit deemed by the peti-
tioner to be appropriate . ' The Regional Director further repotted that the C., I. 0 had
not submitted any evidence to substantiate its claim of an interest in this case other
than the contract it then had with the Company. ,
d In addition to the statement of the Regional Director , there were submitted by the
A F. of L to the Trial Examiner , 26 signed membership cards bearing names other than
those considered by the Regional Director , of which cards, 12 appeared to bear the signa-
tures of persons appearing on the pay roll of the Company of June 5, 1942.
330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 - .
DIRECrED_that, as part of the investigation ordered by'the Board to
ascertain representatives for the purposes,of collective bargaining.
with Los Angeles Period Furniture Co., Los Angeles, California, 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 Twenty-
first Region' acting in this matter as `agent for the National Labor
Relations Board, and subject to Article III, Section 9, 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 any such
employees who did not work during said 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 any who have
since quit or been discharged for cause, to determine whether they
desire to' be represented by Furniture .Workers Union, Local Number
1561, United Brotherhood of Carpenters & Joiners of America, A. F.
of L., or by United Furniture Workers, Local 576, C. I. 0., for the
purposes of collective bargaining, or by -neither.
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Direction of Election.