Quality Furniture Mfg. Co.

National Labor Relations Board - Board Decisions

Aug 8, 1938

8 N.L.R.B. 850 (N.L.R.B. 1938)

In the Matter of QUALITY FURNITURE MFG. CO. and UNITED FURNITURE
WORKERS OF AMERICA, LOCAL 576, C. I. O.
In the Matter of FURNITURE GUILD OF CALIFORNIA and UNITED FURNI-
TURE WORKERS OF AMERICA, LOCAL 576, C. I. O.
Cases Nos. R-853 and R-855, respectively. Decided August 8', 1938
Furniture Manufacturing Industry : Investigation of Representatives : contro-
versy concerning representation of employees : closed-shop contracts with locals
of one international labor organization ; later by a majority vote of its members
a transfer of affiliation to another international was effected ; closed-shop con-
tracts expiring shortly no bar to investigation-Units Appropriate for Collective
Bargaining : stipulations : production employees , exclusive of supervisory and
clerical employees-Representatives : proof of choice : stipulations-Certiflcation
of Representatives : upon proof of majority representation.
Mr. Charles M. Brooks and Mr. Frank A. Mouritsen for the Board.
Mr. H. E. Toor, of Los Angeles, Calif., for Furniture Guild.
Mr. H. J. Malerstein, of Los Angeles, Calif., for Quality.
Gallagher, Wirin & Johnson, by Mr. Leo Gallagher and Mr. Grover
Johnson, of Los Angeles, Calif., for Local 576.
Rosencrans and Emme, by Mr. Leo V. Rosencrans, of Los Angeles,
Calif., for Local 15 and Local 1561.
Mr. John Murray, of Los Angeles, Calif., for Local 1561.
Mr. Henry J. Fox, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On February 10, 1938, United Furniture Workers of America, Local
576, Committee for Industrial Organization, herein called Local 576,
filed with the Regional Director for. the Twenty-first Region (Los
Angeles, California) two separate petitions alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees, respectively, of Quality Furniture Mfg. Company, Los An-
geles, California, herein called Quality, and of Furniture Guild of
California, Los Angeles, California, herein called Furniture Guild,
8 N. L. R. B., No. 105.
850
DECISIONS AND ORDERS 851
and requesting investigations and certifications of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On June 1, 1938, the National Labor Re-
lations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations--Series 1, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice. The
Board, acting pursuant to Article III, Section 10 (c) (2), of said
Rules and Regulations, further ordered that the Quality case, the
Furniture Guild case, and a case involving the representation of em-
ployees of California Woodturning Company 1 be consolidated for
the purpose of hearing.
On June 1 and 2, 1938, the Regional Director issued notices of
hearing, copies of which were duly served upon Quality, upon Furni-
ture Guild, upon Local 576, upon Upholsterers, Carpet, and Linoleum
Mechanics Union, Local 15, herein called Local 15, upon Furniture
Workers Union, Local 1561, United Brotherhood of Carpenters and
Joiners of America, the latter two unions being labor organizations
claiming to represent employees directly affected by the investigation,
upon District Council of Carpenters for Los Angeles County, herein
called the District Council, upon Los Angeles Industrial Union Coun-
cil, and upon Los Angeles Central Labor Council. Pursuant to the
notice, a hearing was held on June 9, 10, 15, and 16, 1938, at Los
Angeles, California, before Dwight W. Stephenson, the Trial Exam-
iner duly designated by the Board. The Board, Quality, Furniture
Guild, Local 576, Local 15, and Local 1561 were represented by counsel
or official representatives 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 objections to the admission of evidence. The
Board has reviewed. the rulings of the Trial Examiner 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 :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYERS
A. The business of Quality
Quality Furniture Manufacturing Company, located in Los An-
geles , California, is a California corporation engaged in the manu-
The case involving the California Woodturning Company is not considered herein.
117213-39-vol. 8-55
852 NATIONAL LABOR RELATIONS BOARD
facture of upholstered living-room furniture. During 1937, it pur-
chased raw materials valued at $67,226, approximately half of which
consisted of purchases of hardwood lumber and furniture coverings.
Although most of the purchases were made from local dealers, most
of the lumber and about 60 per cent of the coverings were obtained
by the local dealers from sources outside the State of California.
During the same period, Quality's sales amounted in value to $131,-
217.48, approximately $14,900 worth of the finished products being
shipped outside California.
B. The business of Furniture Guild
Furniture Guild of California, individually owned and operated
by Herbert E. Toor, is engaged in the manufacture of furniture in
Los Angeles, California. During 1936 and 1937, it purchased raw
materials valued at $122,169.27, approximately $77,000 being paid for
lumber, $7,995 for hardware, $19,880 for paints, and $4,049 for fabrics.
Approximately 12 per cent of the lumber, 21.6 per cent of the hard-
ware, 1.2 per cent of the paints, and 6.8 per cent of the fabrics were
obtained directly from outside California. Moreover, of the raw
materials obtained within California, a large proportion were pur-
chased from local dealers who had in turn secured such raw ma-
terials from sources outside California. During the same period the
Furniture Guild's sales amounted to $364,631.44, of which $87,284.91
represents the value of products shipped outside California. The
Company has a sales representative located in Arizona.
U. THE ORGANIZATIONS INVOLVED
United Furniture Workers of America, Local 576, is a labor or-
ganization affiliated with the Committee for Industrial Organization.
It admits to its membership all production employees of Quality and
Furniture Guild, excluding office workers, clerical, and supervisory
employees.
Furniture Workers Union, Local 1561, United Brotherhood of Car-
penters and Joiners of America, is a labor organization affiliated
with the American Federation of Labor and with the District Coun-
cil of Carpenters for Los Angeles County. It admits to its member-
ship all production employees of Quality and Furniture Guild, except
office workers, teamsters, and upholsterers.
Upholsterers, Carpet, and Linoleum Mechanics, Local 15, is a
labor organization affiliated with the American Federation of Labor.
It admits to its membership all employees of Quality in the uphol-
stering department.
DECISIONS AND ORDERS 853
III. THE QIIE$TIONS CONCERNING REPRESENTATION
A. Quality
In September 1937, Quality and Local 1561 entered into a written
closed-shop agreement covering all production employees of the Com-
pany, exclusive of office workers, teamsters, and upholsterers. - The
agreement, which by its terms is effective from September 1, 1937,
until midnight, August 31, 1938, provides that negotiations for re-
newal shall be commenced 60 days prior to its termination date. In
September 1937, Quality also executed a written contract with Local
15, as representative of the upholsterers employed by the Company.
This agreement provides that it shall be effective from October 1,
1937, until August 1, 1938, and from year to year thereafter in the
absence of notice to the contrary given by either party on or before
July 1 of any year.
At a special meeting of Local 15 held on January 25, 1938, a
majority of the members present voted to become affiliated with the
Committee for Industrial Organization. Shortly thereafter, a large
number of the members of Local 1561 voted to take similar action.
Subsequently, a large number of members of Local 15 and Local
1561 joined Local 576, affiliated with the C. I. O. Although Local
15 and Local 1561 do not now claim to represent, jointly or severally,
a majority of the employees of Quality, they assert that they possess
a membership sufficiently large to retain their respective charters in
the American Federation of Labor and to comply with the terms of
their respective contracts.
It is apparently the claim of the two locals that there is no pres-
ent question concerning representation in view of the said contracts.
Local 576 claims to represent a majority of the employees of Quality
within an appropriate unit and requests certification as the exclusive
bargaining representative of such employees.
Since Quality's contracts with Local 15 and Local 1561 expire
August 1, 1938, and August 31, 1938, respectively, it is not necessary
in this case to decide the precise legal status of Local 15 and Local
1561 with respect to the contracts or to determine the effect of the
contracts during the periods prior to the said expiration dates. The
contracts clearly do not preclude an investigation or certification of
a bargaining representative for the period following the expiration
dates of the contracts.2
We find that a question has arisen concerning the representation
of the employees of Quality.
9 It is to be noted in this connection that the petition in this case was filed by Local 576
prior to the dates specified in the said contracts for a renewal or negotiations for a
renewal.
854 NATIONAL LABOR RELATIONS BOARD
B. Furniture Guild
At the hearing, Local 1561 claimed to represent a majority' of the
production employees of the Furniture Guild and requested certifi-
cation as the exclusive bargaining representative of such employees.
Prior thereto, it had entered into a contract with the company, in
which it was recognized as such exclusive bargaining representative.
This contract expires, however, on September 1, 1938. Local 576
asked for a dismissal of its petition for an investigation and cer-
tification of a bargaining representative.
We find that a question has arisen concerning representation of
the employees of the Furniture Guild.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of Quality and
the Furniture Guild described in Section I above have a close, inti-
mate, and substantial relation to trade, traffic, and commerce among
the several States, and tend to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNITS
At the hearing, Local 576, Local 1561, and Local 15 stipulated
that all the production employees of Quality, excluding clerical and
supervisory employees, constitute a unit appropriate for the pur-
poses of collective bargaining. Local 576 and Local 1561, the only
labor organizations claiming to represent employees of Furniture
Guild, stipulated that such employees of Furniture Guild consti-
tuted an appropriate unit. The employers raised no objection to the
said units.
We find that the production employees of Quality and Furniture
Guild, excluding clerical and supervisory employees, constitute, in
the case of each employer, a unit appropriate for the purposes of
collective bargaining and that said units will insure to the employees
of each employer the full benefit of their right to self-organization
and to collective bargaining and otherwise effectuate the policies of
the Act.
VI. THE DETERMINATIONS OF REPRESENTATIVES
A. Quality
There were introduced in evidence pay rolls of Quality for the
weeks ending April 30, 1938, and June 4, 1938. Each pay roll con-
DECISIONS AND ORDERS 855
tained the names of 34 employees within the appropriate unit.
Local 576 submitted in evidence 19 membership cards and a state-
ment signed on June 9, 1938, by 18 employees authorizing Local
576 to represent them. Eighteen of the names appearing either on
the membership cards or the statement appear also on each pay roll.
Local 576, Local 1561, and Local 15 stipulated that a majority of
the employees in the said unit were members of Local 576.
We find that Local 576 has been designated and selected by a
majority of the employees in the appropriate unit as their repre-
sentative for the purposes of collective bargaining. It is, therefore,
the exclusive representative of all the employees in such unit for
the purposes of collective bargaining and we will so certify. .
B. Furniture Guild
There was introduced in evidence a pay roll of Furniture Guild
for the week ending June 10, 1938, containing the names of 37 em-
ployees within the appropriate unit. Local 1561 submitted in evi-
dence a list of 30 persons whom its representatives certified were
members of Local 1561 in good standing. This testimony was not
controverted by any party. Of the 37 names on the pay roll, 24
appeared on the list submitted by Local 1561.3 Local 576 submitted
no evidence that employees of the Furniture Guild desired it to
represent them.
We find that Local 1561 has been designated and selected by a
majority of the employees in the appropriate unit as their representa-
tive for the purposes of collective bargaining. It is, therefore, the
exclusive representative of all the employees in such unit for the
purposes of collective bargaining and we will so certify.
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
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Quality Furniture Mfg. Co., Los Angeles,
California, and the Furniture Guild of California, Los Angeles, Cali-
fornia, respectively, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. The production employees of Quality and Furniture Guild, ex-
cluding clerical and supervisory employees, constitute, in the-case of
3 In addition , there were some four or five names on both the pay-roll and membership
list which differed only slightly in spelling.
856 NATIONAL LABOR RELATIONS BOARD
each company, a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. United Furniture Workers of America, Local 576,' Committee
for Industrial Organization, is the exclusive representative of all the
employees of Quality in the appropriate unit for the purposes of col-
lective bargaining, within the meaning of Section 9 (a) of the National
Labor Relations Act.
4. Furniture Workers Union, Local 1561, United Brotherhood of
Carpenters and Joiners of America, is the exclusive representative
of all the employees in Furniture Guild in the appropriate unit for
the purposes of collective bargaining within the meaning of Section
9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 1, as amended,
IT IS HEREBY CERTIFIED that United Furniture Workers of America,
Local 576, Committee for Industrial Organization, has been desig-
nated and selected by a majority of the production employees of
Quality Furniture Mfg. Co., Los Angeles, California, excluding
clerical and supervisory employees, as their representative for the
purposes of collective bargaining, and that pursuant to the provisions
of Section 9 (a) of the Act, United Furniture Workers of America,
Local 576, Committee for Industrial Organization, is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment
and other conditions of employment; and
IT Is HEREBY CERTIFIED that Furniture Workers Union, Local 1561,
United Brotherhood of Carpenters and Joiners of America, has been
designated and selected by a majority of the production employees
of Furniture Guild of California, Los Angeles, California, excluding
clerical and supervisory employees, as their representative for the
purposes of collective bargaining, and that pursuant to the provisions
of Section 9 (a) of the Act, Furniture Workers Union, Local 1561,
United Brotherhood of Carpenters and Joiners of America, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment and other conditions of employment.
DECISIONS AND ORDERS
[SAME TITLE
857
AMENDMENT TO DECISION AND CERTIFICATION OF
REPRESENTATIVES
September 12, 1938
On August 8, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Certification of Represent-
atives in the above-entiled case.
The last sentence of paragraph A of Section I is hereby amended
to read as follows :
During the same period, Quality's sales amounted in value to
$131,217.48, approximately $4,900 worth of the finished products
being shipped outside California.
MR. EDWIN S. SMITH took no part in the consideration of the above
Amendment to Decision and Certification of Representatives.
8 N. L. R. B., No. 105a.