Marsh Furniture Co.

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 133 (N.L.R.B. 1946)

In the Matter Of MARSH FURNITURE COMPANY and UNITED FURNI-
TURE WORKERS OF AMERICA, LOCAL 291, C. I. O.
Case No. 5-B-2090 .-Decided February 28, 1946
Mr. Kenneth M. Brim, of Greensboro, N. C. and Mr. J. E. Marsh,
of High Point, N. C., for the Company.
Mr. Bernard Hiatt, of Martinsville, Va., for the Union.
Mr. James Zett, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 291, United Furniture Workers
of America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of
employees of Marsh Furniture Company, High Point, North Caro-
lina, 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 High Point,
North Carolina, on November 29, 1945. The Company and the Union
appeared and participated.' All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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
Marsh Furniture Company is a North Carolina corporation with
its principal place of business at High Point, North Carolina, where
it is engaged in the manufacture of kitchen cabinets . During the
2 United Brotherhood of Carpenters & Joiners of America, A. F. L., also served with
notice, did not appear.
66 N. L . R. B., No. 5.
133
134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
year 1944, the Company purchased raw materials consisting mainly
of lumber, hardware panels, finishing materials , paints, varnishes,
and packing materials , valued in excess of $250,000, approximately
60 percent of which was shipped to it from points outside the State
of North Carolina. During the same period, the Company manu-
factured finished goods valued in excess of $500,000, approximately
75 percent of which was sold and shipped to points outside the State
of North Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America, Local 291, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive
collective bargaining representative of its employees until it has
been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
,of employees in the unit hereinafter found appropriate.2
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. TIIE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
of the Company, including watchmen-firemen, local and over-the-
road truck drivers, stockmen, machinists, and inspectors, but exclud-
ing the receiving clerk, the set-in man, engineers, office clerical em-
ployees, foremen and subforemen, and all other supervisory em-
ployees, constitute an appropriate unit.
The Company is in substantial accord with the Union as to the
appropriate unit, except that it would exclude watchmen-firemen, the
over-the-road truck driver, and machinists, and would include the
receiving clerk and set-in men.
The Company employs three watchmen-firemen who are neither
militarized nor deputized, do not wear uniforms, and may or may
2 The Field Examiner reported that the Union submitted 98 application-for-membership
cards, and that there are approximately 200 employees in the appropriate unit,
MARSH FURNITURE COMPANY 135
not carry guns, as they wish. These employees have the duties of
watching the premises, guarding against fires, and keeping fire in
the boilers. They have no monitorial duties. In accordance with
our usual policy,3 we shall include them in the appropriate unit.
The Company employs one over-the-road driver, who is responsible
directly to the general superintendent, and receives a weekly salary
which includes his expenses, while he is on the road. The two local
truck drivers, in common with the production and maintenance
employees, are hourly paid. The over-the-road driver goes out on
long hauls, often as far as Indiana, and services customers of the
Company. Between hauls, he may help out in the plant, if he so
chooses, and without any supervision. In view of the divergence of
interest between this truck driver and the production and maintenance
employees in regard to working conditions and in view of the dis-
agreement between the parties, we shall exclude him, in accordance
with our customary practice.4
The Company employs one receiving clerk who is hourly paid and
directly responsible to the general superintendent. He spends 50
percent of his time making out and checking records, and the balance
of his time handling supplies and material. He services the three
receiving stations at the plant. This receiving clerk is a plant clerical
within our usual definition,5 and we shall include him within the
appropriate unit.
The Company employs one regular set-in man. He is an hourly
paid employee and appears to perform the function of a working
leadman. His rate of pay is comparable with that of the regular
production employees and he has no supervisory authority. We shall
include him in the appropriate unit.
The Company employs one machinist whom the Company would
exclude. It appears that he has no supervisory authority, is an hourly
paid employee, and does general maintenance mechanical work. We
shall include him in the appropriate unit.
We find that all production and maintenance employees, including
watchmen-firemen, local truck drivers, inspectors, set-in-men, the
machinist, stockmen, and receiving clerks, but excluding the over-
the-road truck driver, all office clerical employees, foremen and sub-
foremen, and all other supervisory employees with authority to hire,
$ Southwest Pump Company, 63 N. L . R. B. 211; Matter of Pittsburgh Equitable Meter
Company, 61 N. L. R. B. 880; Matter of Champion Sheet Metal Company, Inc., 61
N. L. R. B. 511.
4 Sam Boorstein d Harry Boorstein, trading as Blue Ribbon Laundry, 64 N. L. R. B.
645; Matter of Rauland Corporation , 62 N. L. R. B. 39 ; Wilson and Company, Inc.,
62 N. L. R. B. 895.
s Kearney t6 Trecker Corporation, 60 N. L. R. B. 148; Chicago Rawhide Manufac-
turing Company, 59 N. L. R. B. 1234 ; Douglas Aircraft Company, Inc., 60 N. L. R. B
876; Matter of Goodman Manufacturing Company, 58 N. L. R. B. 531.
136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
V. THE DETERMINATION OF REPRESENTATIVES
The Company contends that many of its employees are presently
in the armed forces of the United States and requests that these
employees be allowed to vote by mail in any election ordered by the
Board. The facts in the instant case are substantially the same as
those in Southwest Pennsylvania Pipe Lines,6 and we will order the
mail balloting of the Company's employees in the armed forces who
fall within the appropriate unit, subject to the limitations hereinafter
mentioned.
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot among
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 is authorized
to mail ballots to employees within the appropriate unit on military
leave, provided one or more of the parties within seven (7) days
from receipt of the Direction of Election, files with the Regional
Director a list containing the names, most recent addresses, and
work classifications of such employees. The Regional Director shall
open and count the ballots cast by mail by employees on military
leave, provided such ballots are returned to and received by the
Regional Director within thirty (30) days from the date they are
mailed to the employees by the Regional Director?
864 N. L. R. B. 1384. It appears from the record in the instant proceeding that
the normal peacetime complement of the Company averages 150 to 220 employees. At
the time of the hearing there were 150 in the appropriate unit, and the Company does
not anticipate any increase above the normal peacetime complement . Of the Company's
89 employees in the armed forces, 12 have been discharged , of whom 11 are now work-
ing for the Company. Sixty of the Company's employees in the armed forces, while
on leave, have appeared at the Company 's office and evinced a desire to return to their
former jobs . The Union interposed an objection to mail ballots.
'A free interchange between the interested parties of information on the addresses
and work categories of the employees to be voted by mail will be necessary 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 information or litera-
ture bearing directly or indirectly on the pending elections , copies of all such documents
should be simultaneously filed with the Regional Office for inspection by or transmittal
to the other parties. However , 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 contents . The usual principles
will apply.
MARSH FURNITURE COMPANY
DIRECTION OF ELECTION
137
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations 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 Marsh Furniture
Company, High Point, North Carolina, an election by secret ballot
shall be conducted as early as possible, but not later than forty-five
(45) 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
Regulations, 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 em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States, 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, Local 291, C. I. 0., for
the purposes of collective bargaining.
MR. GERA" D. REILLY took no part in the consideration of the
above Decision and Direction of Election.