Nichols & Stone Co.

National Labor Relations Board - Board Decisions

Aug 11, 1944

57 N.L.R.B. 1278 (N.L.R.B. 1944)

In the Matter of NICHOLS' & STONE COMPANY and LOCAL 154, UNITED
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FURNITURE WORKERS OF AMERICA (CIO)
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Case No. 1-R-19922.-Decided 'August 11, 1944
Mr. Samuel M. Salny, of Fitchburg , Mass., for the Company.
Grant and Ango ff, of Boston , Mass., by Mr . Sidney S. Grant, for the
Union.
Mr. William C. Baisinger ; Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly' filed by Local 154, United Furniture Workers
of America (CIO), herein called the Union, alleging that a question
affecting, commerce had arisen concerning the representation of em-
ployees of Nichols & Stone Company, Gardner, Massachusetts, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Leo J. Halloran, Trial
Examiner. Said hearing was held,at Gardner, Massachusetts, on
July 6,1944. The Company and the Union appeared,and participated.
All parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, to introduce evidence bearing' on the issues,
and to file briefs with the Board. At the hearing the Company moved
for dismissal of the petition on the ground that a valid and subsisting
contract between it and the Union, covering the employees in the unit'
petitioned for, constitutes a bar to this proceeding. The Trial Exam-
iner reserved ruling upon this motion for the Board. For reasons
stated in' Section III, in f r, a,' w'e hereby deny the motion. At the
hearing the parties stipulated, and it is hereby directed, that the evi-
dence adduced in Matter of Conant Ball Company,' insofar as perti-
nent, be incorporated in and made a part of the record in this case. The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
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' Case No 1-R-1919 , 57 N. L R. B. 1262.
57 N. L R . B., No. 194.
1278 '
NICHOLS &'STONE COMPANY- 1279
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Nichols & Stone Company is a Massachusetts corporation engaged
,at Gardner, Massachusetts, in the manufacture of wooden chairs and
other wood products. During the calendar year 1943, the Company
used raw materials, consisting of wood, steel, paint, and shellac, val-
ued in excess of $75,000, of which, approximately 80 percent was
purchased and shipped to the Company's plant from points outside the
Commonwealth of Massachusetts. During the same period, the Com-
pany manufactured approximately $200,000 worth of finished prod-
ucts, of which about 90 percent was shipped from the Company's plant
to points outside the Commonwealth of Massachusetts.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 154, United Furniture Workers of America, is a labor organ-
ization affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
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III. THE QUESTION CONCERNING REPRESENTATION
On April 28, 1942, the Union and the Company entered into a col-
lective bargaining contract, covering certain of the Company's em-
ployees, which,' by its terms, was to remain in effect for 1 year and
"from year to year thereafter unless either party desires changes and
shall notify the other party thirty days prior to the expiration date
in writing by registered mail." Since neither party gave such notice,
the contract was automatically renewed in 1943. On March 20, 1944,
the Union advised the Company in writing of its desire for a "new"
contract. By letter dated March 28, 1944, the Company informed the
Union of its willingness to discuss any proposed changes in the cur-
rent contract. Thereafter, on April 5, 1944, the Union submitted to
the Company a memorandum of the proposed-changes to be included
in the new contract. On April 24, 1944, the Company wrote the Union
requesting proof that it currently represented a majority of the Com-
pany's employees in the contract unit. Three days later, on April
27, 1944, the Company and the Union executed a document by which
' 1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
they agreed to extend their existing contract to July 1, 1944, "without
prejudice to the rights of either of the parties hereto had this exten-
(sionalot been executed and . . . subject to cancellation or termination
by mutual agreement at any time prior to July 1, 1944." On May 18,
1944) the Union filectits petition herein.
The Company contends that the Union's letter of March 20, 1944,
although timely did not stay the operation of the contract's automatic
renewal clause, since it did not contain a request for termination of
the contract, therefore, contends the Company, the contract automati- `
tally renewed and constitutes a bar to this proceeding. ' We cannot
agree. The Union's letter of March 20, 1944, contains the following
unequivocal language.
"We are . . . informing you that your employees have requested
. . . some changes in our present Agreement, and in the near fu-
ture we will present to you a, copy of the proposed new contract
as drawn up by your employees." -
For reasons stated in the Conant Ball Con pinny case; mentioned above,
we conclude that no-bar to a present determination of representa-
tives exists.
A statement prepared, by a Field Examiner of the Board, intro-
duced into evidence at the hearing,,indicates, that the Union repre-
sents a substantial number of employees in the unit hereinafter found
to be appropriate.2 4
We find that a question affecting coininerce 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
The Union seeks a unit embracing all employees of the Com-
pany's plant at Gardner, Massachusetts, excluding executives,
superintendents, foremen, salesmen, and office and "clerical employees.
The unit established by the afore-mentioned contract between the
parties covered "all of [the Company's] employees except executives,
salesmen, supervisors, foremen, 'assistant foremen, watchmen, engi-
neers, truck drivers, and office and clerical help." The Company op-
poses' the inclusion in the proposed unit of -,vatchmen,3, engineers,4
and truck drivers, contending that the. contract -unit should not be,
altered. For reasons stated in the above cited Conant Ball Company
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2 The Field Examiner reported that the Union submitted a cuiient ledger book containing
the names of 35 dues-paying members and that there are approximately 70 employees in'
the unit for which the Union is petitioning
B None of the Company's watchmen is militarized.
° The engineers are apparently firemen and not professional or technical employees
NICHOLS & STONE COMPANY 1281
case, we shall exclude the watchmen, truck drivers, and engineers
employed by the Company from the appropriate -unit. Our finding
in this respect, however, shall not preclude a later determination,
based upon a new petition and a more comprehensive record, that
these employees may be afforded opportunity to vote as to their
inclusion in the larger unit herein found appropriate.
We find that all employees of the Company's plant at Gardner,
Massachusetts, excluding watchmen, truck drivers, engineers, sales-
men, and all other supervisory employees with authority to hire,
men, office and clerical employees, executives, superintendents, fore-
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. TILE D 'ETEPiDTINATIO N OF REPRESENTATIVES
We shall direct that the question concerning representation 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 Elec-
tion 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 3, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended , it is hereby
DIr,Ec'nm that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Nichols & Stone
Company , Gardner, Massachusetts, 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 First 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
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 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 present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause,
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1282 DECISIONS . OF NATIONAL LABOR , RELATIONS BOARD
and have .not been, rehired or reinstated prior to the date of the elec-,
tion, to determine whether or not they desire to be represented by'
Local 154, United Furniture Workers of America (CIO), for the
purposes of collective bargaining.
CHAIRMAN MiLLis took no part in the consideration of the above
Decision. and Direction of Election.
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