Sealy Mattress Co.

National Labor Relations Board - Board Decisions

Oct 25, 1944

58 N.L.R.B. 1339 (N.L.R.B. 1944)

In the Matter Of ROGERS MANUFACTURING COMPANY DOING BUSINESS
AS SEALY MATTRESS COMPANY' and FURNITURE WORKERS, LOCAL No.
250, AFFILIATED WITH UPHOLSTERERS' INTERNATIONAL UNION OF
NORTH AMERICA, A. F. L.
Case No. 16-R-1007.-Decided October 05, 1944
Messrs. Raymond P. Elledge, Carlyle W. Urban, and Robert S.
Rogers, of Houston, Tex., for the Company.
Messrs. W. A. Combs and Reinhold Wilke, of Houston, Tex., for the
Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Furniture WTorkers, Local No. 250, af-
filiated with Upholsterers' International Union of North America,
A. F. L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Rogers Manufacturing Company doing business as Sealy Mattress
Company, Houston, Texas, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before John H. Garver, Trial Examiner. Said hearing was
held at Houston, Texas, on September 22, 1944. 'The Company and
the Union appeared and participated. All parties were afforded full
opportunity 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 hearing are free from prejudicial error and are
hereby affirined. All parties were afforded an 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
Rogers Manufacturing Company is a Texas corporation with its
principal office and place of business at Houston, Texas, where it
I Name as am-ended at hearing.
58 N L R B, No 243.
1339
1340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
operates a wholesale bedding equipment manufacturing business
under the trade name of Sealy Mattress Company pursuant to a
licensing contract with Sealy Incorporated, a Delaware corporation.
The Company's entire output of products is sold and delivered to
customers within the State of Texas. During the first 7 months of
1944, the Company purchased from points outside the State of Texas
raw materials and equipment valued at approximately $23,500.
Total sales of the Company during this period amounted to over $128,-
000. It appears that approximately the same volume of purchases of
raw materials from without the State, and sales of products continues
throughout the year. Accordingly, the Company's annual purchases
from without the State amount to approximately $40,000 in value.
We find, contrary to its contention, that the Company is engaged in
commerce within the meaning of the Act.2
II. THE ORGANIZATION INVOLVED
Furniture Workers, Local No. 250 , affiliated with Upholsterers' In-
ternational Union of North America, A . F. L., is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company denies that the Union represents a majority of its
employees and refuses at this time to grant recognition to the Union
as the exclusive bargaining representative of certain of its employees.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.3
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.
Y See N L R B v Richter's Bakery, 140 F (2d) 870, 871 (C C A 5), cert denied, 322
U S 754 , N L R B V Newport News Shipbuilding R Thy Dock Co., 101 F (2d) 841,
843 (C C A 4 ), affirmed in this respect , 308 U. S 241 ; N. L. R B v. Virginia Electric S
Power Co , 115-F (2d) 414, 416 (C C A 4), affirmed in this respect, 314 U S 469, 476 ;
N L R. B. v. Schmidt Baking Co , 122 F. (2d) 162, 163 (C C A. 4) , N. L. R. B. v.
Fainblatt, 306 U S 601, 607. N L R B v Gulf Public Service Co, 116 F (2d) 852,
854-855 (C C A 5) ; Santa Cruz Fruit Packing Co. v. N. L . R. B , 303 U S 453, 467;
Southern Colorado Power Co . v N. L. R B , 111 F . ( 2d) 539, 542-543 (C . C A 10) ;
X. L. R. B v Cowell Portland Cement Co., 108 F. (2d) 198 , 201 (C C A 9 ) , N L R B.
v Suburban Lumber Co ., 121 F ( 2d) 829 , 833, (C . C A. 3), cert. denied , 314 U S 693;
N L R B v . J G Boswell Co , 136 F . ( 2d) 585 , 589 (C C A 9)
8 The Field Examiner reported that the Union submitted 7 membership cards, 6 of which
bore apparently genuine 'original signatures, and that the names of 6 persons appearing
on the cards were listed on the Company ' s pav roll of July 25, 1944 , which contained the
names of 13 employees in the alleged appropriate unit.
ROGERS MANUFACTURING COMPANY
IV. THE APPROPRIATE UNIT
1341
We find, substantially in accordance with the stipulation of the
parties, that all employees of the Company, excluding salesmen ,4 night
watchmen, office employees, foremen and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of col-
lective 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.
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.III, Section 9, of National Labor Rela-
tions 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 Rogers Manufac-
turing Company doing business as Sealy Mattress Company, Houston,
Texas, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director for
the Sixteenth 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 the 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 who present them-.
selves in person at the polls, 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 Furniture Workers, Local No. 250, af_
fillated with Upholsterers' International Union of North America,
A. F. L., for the purposes of collective bargaining.
' One, John Krenek , spends a minor portion of his time in sales work and at least two=
thirds of his time as a finisher and truck driver. He is accordingly included in the unit.
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