Showers Brothers Furniture Co.

National Labor Relations Board - Board Decisions

Dec 17, 1937

4 N.L.R.B. 585 (N.L.R.B. 1937)

In the Matter of SHOWERS BROTHERS FURNITURE COMPANY and THE
UPHOLSTERERS, FURNITURE, CARPET AND AWNING WORKERS, LINO-
LEUM WORKERS UNION, LOCAL No. 184
Case No. R-339.-Decided December 17, 1937
Furniture Manufacturing-Investigation of Representatives : controversy con-
cerning representation of employees : rival organizations ; refusal of employer to
bargain with petitioning union because of prior agreement with rival organiza-
tion-Unfit Appropriate for Collective Bargaining : production employees; no
controversy as to-Election Ordered: "American Federation of Labor" rather
than title of petitioning organization to appear on ballot in order to avoid any
implication of determination by Board of possible jurisdictional dispute.
Mr. Herbert N. Sh,enkin and Mr. Walter B. Ch,elf, for the Board
Mr. Jess. B. Fields, of Bloomington, Ind., for the Company.
Mr. Roy W. Grow, of Indianapolis, Ind., for the Upholsterers.
Mr. Joseph D. Persily, of Indianapolis, Ind., for the United Furni-
ture Workers.
Mr. Kenneth Vayles of Bloomington, Ind., for the Carpenters.
Mr. William Fleener, of Bloomington, Ind., for the Operating
Engineers.
Mr. E. A. Hostetter, of Bloomington, Ind., for the Firemen and
Oilers.
Mr. Henry H. Foster, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 3, 1937, The Upholsterers, Furniture, Carpet and
Awning Workers, Linoleum Workers Union, Local No. 184, herein
called the Upholsterers, filed with the Regional Director for the
Eleventh Region (Indianapolis, Indiana) a petition alleging that a
question had arisen concerning the representation of employees of
Showers Brothers Furniture Company, Bloomington, Indiana, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On September 29,
1937, the National Labor Relations Board, herein called the Board,
585
586 NATIONAL LABOR RELATIONS BOARD
acting pursuant to Section 9 (c) of the Act and Article III, Section 3,
of National Labor Relations 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.
On October 1, 1937, the Regional Director issued a notice of hear=
ing to be held at Bloomington , Indiana, on October 14 , 1937. Copies-
were served upon the Company ; the Upholsterers ; Intei national
Brotherhood of Firemen and Oilers , herein called the Firemen and
Oilers ; International Union of Operating Engineers , herein called
the Operating Engineers; United Furniture Workers, Local Indus-
trial Union No. 496, herein called the United Furniture Workers ;
National Furniture Workers, Local No. 1, herein called the National
Furniture Workers; and the United Brotherhood of Carpenters and
Joiners of America, herein called the Carpenters , all labor organiza-
tions purporting to represent employees directly affected by the in-
vestigation . Pursuant to the notice , a hearing was held on October 14
and 15, 1937, before Henry J. Kent, the Trial Examiner duly
designated by the Board.
The Board and the Company were represented by counsel , and the
unions by their officers, and all participated in the hearing. Full
opportunity to be heard , to examine and cross -examine witnesses, and
to introduce evidence bearing upon the issues was afforded to the
parties. During the course-of the hearing the Trial Examiner made
several rulings on motions and on objections to the admission of evi-
dence. The Board has reviewed these rulings and finds that no prej-
udicial 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 COMPANY
The Company was incorporated in the State of Indiana in 1899.
It operates plants located at Bloomington and Bloomfield in that
State for the manufacture of bedroom furniture , dining room furni-
ture, kitchen cabinets , desks, breakfast sets, wooden and upholstered
chairs, and living room furniture . It is one of the largest, if not
the largest , of the manufacturers of this class of furniture in the
United States and operates five separate plants or units, of which
four are located in Bloomington and one in Bloomfield, about thirty
miles west of Bloomington . The present case involves only the
Bloomington plants.
These four plants manufacture cabinets and case goods. They
employ approximately 1,300 people . About seventy -five percent of
the lumber used by the Company is derived from sources outside
DECISIONS AND ORDERS 587
Indiana. Glue is procured from Pennsylvania; hardware from
Massachusetts, Michigan, and Illinois; glass from Indiana and Mis-
souri; porcelain tops from Illinois; finishing material from Indiana
and Michigan; packing materials from Indiana and Michigan; cot-
ton and moss from Mississippi and Louisiana; and palm fibre, which
is an import, is procured from New York. Approximately 10 per
cent of these materials are shipped by truck and 90 per cent by rail.
90 per cent of the merchandise manufactured is shipped outside of
Indiana, and shipments are made to every state in the Union. In
1936, about 27 per cent of the merchandise manufactured was sold
to Sears, Roebuck and Company, the Company's largest customer.
II. THE ORGANIZATIONS INVOLVED
The Upholsterers, Furniture, Carpet and Awning Workers, Lino-
leum Workers Union, Local No. 184, is a labor organization, affiliated
with the American Federation of Labor, admitting to membership
all production employees of the Company, excluding office workers
and supervisory employees.
United Furniture Workers, Local Industrial Union No. 496, is a
labor organization, affiliated with the Committee for Industrial Or-
ganization, admitting to its membership all production workers,
exclusive of office and supervisory employees.
United Brotherhood of Carpenters and Joiners of America and In-
ternational Union of Operating Engineers are labor organizations af-
filiated with the American Federation of Labor. The Carpenters ad-
mit to membership all production workers and the Operating En-
gmeers.admit engineers,,, firemen and watchmen whose duties include,
"handling steam or instruments of power".
The National-Furniture Workers was an unaffiliated labor organiza-
tion admitting to membership production workers of the Company.
It organized Local No. 1 at Bloomington and Local No. 2 at Bloom-
field. Both locals were recognized by the Company as a result of a
consent election, agreed to by the Company, labor organizations repre-
senting employees, and the Regional Director of the Eleventh Region,
held May 21, 1937, among the production employees of the Company.
Negotiations carried on with the Company by the National Furni-
ture Workers failed to conclude in an agreement, and in the summer
of 1937 its two locals became defunct. At a meeting on July 13, 1937,
a majority of the members of Local No. 1-present voted to affiliate with
the Committee for Industrial Organization. On July 26, 1937, at an-
other meeting of the same local, a majority present voted to affiliate
with the Upholsterers. The United Furniture Workers, the Uphol-
sterers, and the Carpenters all claim former members of the National
Furniture Workers, Local No. 1, as present members of their unions.
588
NATIONAL LABOR RELATIONS BOARD
The local of the International Brotherhood of Firemen and Oilers
here involved was a labor organization, formerly affiliated with the
American Federation of Labor. It admitted to membership firemen,
watchmen and maintenance men. On September 30, 1937, a resolution
to affiliate with the United Furniture Workers was passed unani-
mously by the members present at a meeting of the Firemen and
Oilers. The United Furniture Workers has accepted former members
of the Firemen and Oilers into its membership.
III. THE QUESTION CONCERNING REPRESENTATION
On September 3, 1937, the United Furniture Workers sent a letter 1
to the Company stating that the United Furniture Workers was pre-
pared to certify that it represented a majority of the production em-
ployees and would do whatever was necessary to convince the Com-
pany of that fact, and that it was anxious to enter into negotiations
on behalf of the employees. On September 9, 1937, the Company, in
answer, stated that its agreement with the National Furniture Workers
Union and the National Labor Relations Board, entered into before the
consent election, provided that the National Furniture Workers should
act as the exclusive bargaining agency for all production employees
of the Company's Bloomington plants and that the terms of that
agreement precluded bargaining with any other organization.
On. September 23, 1937, after further attempts at negotiations
had failed, a strike was called by members of the United Furniture
Workers at the Bloomington plants. On October 8, 1937, the strike
was settled by agreement pending the hearing before the National
Labor Relations Board for the purpose of determining the collective
bargaining representative of the production employees.
The United Furniture Workers has at all times since September 3,
1937, claimed to represent a majority of the production employees at
the Bloomington, Indiana, plants of the Company. The Upholsterers
likewise claimed to represent a majority of the production workers
and the Carpenters also claimed to represent some of the production
employees.
We find that a question has arisen concerning the representation of
the production workers employed at the Company' s Bloomington
plants.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section 1 above, has a close, intimate, and substantial
1Intervenor C 1 0 Exhibit 1
DECISIONS AND ORDERS 589
relation to trade, traffic , and commerce among the several States, and
tends to lead, and has led to labor disputes burdening and obstruct-
ing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The bargaining unit, alleged appropriate by the petitioner, is a
unit composed of production employees of the Bloomington plants.
Representatives of the Upholsterers and the United Furniture Work-
ers indicated at the hearing that they deemed it appropriate to ex-
clude from the unit office employees , supervisory employees, en-
gineers, firemen , watchmen and maintenance employees . None of
the parties to the proceeding contended that any additional classes
of employees should be included in the unit , or filed a petition for
certification of representatives of any other employees . In this unit
the United Furniture Workers and the Carpenters are the only other
labor organizations besides the Upholsterers claiming to represent
employees.
We find that the production employees of the Company in its
Bloomington , Indiana, plants , excluding the, office employees , super-
visory employees , engineers , firemen, watchmen , and maintenance
employees, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany at its Bloomington , Indiana, plants the full benefit of their
right to self -organization and to collective bargaining , and otherwise
effectuate the policies of the Act.
I VI. THE DETERMINATION OF REPRESENTATIVES
We find that ani election by secret ballot is necessary to determine
the proper representatives for collective bargaining and thus resolve
the question concerning representation . Those eligible to vote shall
be the production employees of the Company at its Bloomington,
Indiana, plants as of September 3, 1937, excluding the office em-
ployees, supervisory employees , engineers , firemen, watchmen and
maintenance employees.
Under date of October 23, 1937, a letter, subscribed and sworn to
before a notary public , was sent to the Board at Washington in
which it was stated that it was the desire of the Upholsterers and
the Carpenters that only one American Federation of Labor organ-
ization be placed on the ' ballot if an election was ordered by the
Board, and that both organizations were willing to abide by the
decision of the Board as to which American Federation of Labor
organization should be placed on the ballot , in accordance with the
evidence presented at the hearing . After due consideration of this
request, the Board deems it advisable to avoid any implication of a
590 NATIONAL LABOR RELATIONS BOARD
determination of any jurisdictional dispute that may exist between
the Upholsterers and the Carpenters, and consequently will direct
that the American Federation of Labor, and the United Furniture
Workers, Local Industrial Union No. 496, affiliated with the Com-
mittee for Industrial Organization, are the organizations to appear
upon the official ballot for the election held pursuant to this Decision
and Direction of Election.
On the basis of the above findings of fact and upon the entire
record in the matter, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Showers Brothers Furniture Company at
its Bloomington, Indiana, plants, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the National Labor Relations Act.
2. The production employees of Showers Brothers Furniture Com-
pany at its Bloomington, Indiana, plants, excluding office employees,
supervisory employees, engineers, firemen, watchmen and mainte-
nance employees, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning,.of Section 9 (b) of the
National Labor Relations Act.
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,
49 Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Showers
Brothers Furniture Company, Bloomington, Indiana, an election by
secret ballot shall be conducted within fifteen (15) days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Eleventh 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 production
employees, employed by the Company at its Bloomington, Indiana,
plants on September 3, 1937, excluding office employees, supervisory
employees, engineers, firemen, watchmen and maintenance employees,
to determine whether they desire to be represented by the American
Federation of Labor or by United Furniture Workers, Local Indus-
trial Union No. 496, affiliated with the Committee for Industrial
Organization, for the purposes of collective bargaining, or by neither.
0
DECISIONS AND ORDERS 591
[SAME TITLE ]
AMENDMENT TO DIRECTION OF ELECTION
December 29, 1937
On December 17, 1937, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election, in
the above -entitled proceeding , the election to be held within fifteen
(15) days from the date of the Direction , under the supervision of
the Regional Director for the Eleventh Region, ( Indianapolis,
Indiana).
The Upholsterers , Furniture , Carpet and Awning Workers, Lino-
leum Workers Union, Local No. 184 , the petitioner herein, has filed
a protest to said Direction upon the ground that petitioner is not
named upon the ballot . Also, the Indiana State Federation of Labor
has advised the Board that the Bloomington plants are closed indefi-
nitely and that it is impossible to obtain a representative vote at the
present time . In order to consider these matters further we will post-
pone the election for the present.
The Board hereby amends its Direction of Election by striking
out the words "within fifteen ( 15) days from the date of this
Direction", and substituting therefor the words , "within such time
as may hereafter be determined".
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Amendment to Direction of Election.
[SAME TITLE]
SECOND AMENDMENT TO DIRECTION OF ELECTION
December 31, 1937
On December 17, 1937, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election, in
the above -entitled proceeding , the election to be held within fifteen
(15) days from the date of the Direction , under the supervision of
the Regional Director for the Eleventh Region (Indianapolis,
Indiana).
Thereafter The Upholsterers, Furniture, Carpet and Awning
Workers, Linoleum Workers Union Local No. 184, the petitioner
herein, herein called the Upholsterers , filed a protest against the
form of the ballot directed by the Board to be used in the election.
Also, the Indiana State Federation of Labor advised the Board that
the Bloomington plants were closed indefinitely and that it was
impossible to obtain a representative vote at the time. In order to
592 NATIONAL LABOR RELATIONS BOARD
consider these matters further, the Board, on December 29, 1937,
amended its Direction of Election by postponing the election to
such time as might thereafter be determined.
As found in the Decision of December 17, 1937, there are three
labor organizations purporting to represent employees in the unit
which the Board found appropriate for the purposes of collective
bargaining, namely, the Upholsterers, United Brotherhood of
Carpenters and Joiners of America, herein called the Carpenters,
and United Furniture Workers, Local Industrial Union No. 496,
herein called the United Furniture Workers. Of these the first two
are affiliated with the American Federation of Labor, while the last
is affiliated with the Committee for Industrial Organization.
Subsequent to the hearing, a letter dated October 23, 1937, signed
by Melvin Hunter, Raymond Hamun, and Clarence L. Martin for
the Upholsterers, and by Kenneth Vayles, James Herbin, and Ed-
ward Kent for the Carpenters, and sworn to before a notary public,
was received by the Board. The letter stated that it was the desire
of both organizations that the name of only one American Federation
of Labor organization should be placed on the ballot if an election
was ordered by the Board, and that both organizations were willing
to abide by the decision of the Board as to which American Federa-
tion of Labor organization should be placed on the ballot, in ac-
cordance with the evidence presented at the hearing. In its De-
cision, however, the Board stated that it deemed it advisable to avoid
any implication of a determination of any jurisdictional dispute that
might exist between the Upholsterers and the Carpenters, and conse-
quently directed that the name of the American Federation of Labor
should appear on the ballot as the one organization opposing the
United Furniture Workers.
The protest of the Upholsterers referred to above, signed by
Clarence L. Martin, as business agent, and Roy W. Grow, as organ-
izer, is based on the contention that the election "would not be con-
clusive in the event the American Federation of Labor were to win
the election," and "it would still not settle the issue between the Car-
penters and the Upholsterers International Locals ..." The Board
did not, and does not, intend to attempt to determine a jurisdic-
tional dispute between two unions both affiliated with and subject
to the discipline of, a single parent body. It will make no de-
termination in this case of the issue between the Upholsterers and
Carpenters, either on the basis of the results of an election or other-
wise. Whatever the results of this proceeding, that question remains,
so far as this Board is concerned, to be determined by the proper
authorities of the American 'Federation of Labor.
Since it appears, however, that the terms of the Direction placing
the name of, the American Federation of Labor on the ballot are
DECISIONS AND ORDERS 593
not satisfactory to one of the two American Federation of Labor
organizations, and since, by the letter of October 23, 1937, both have
authorized the Board to name only one of them for the purpose
of voting, we shall amend the Direction in accordance with that
authority. The record indicates that the Upholsterers have at pres-
ent a much larger membership in the unit than the Carpenters. We
will, therefore, direct that the ballot name, as the alternatives fox
the voter, the Upholsterers, the United Furniture Workers, or neither
If the Upholsterers should, as a result, be certified as the exclusive
representative of the employees, it is to be understood that the Board's
action will not affect whatever jurisdictional rights over the em-
ployees the Carpenters may have under the governing provisions
of the American Federation of Labor.
With respect to the date of the election, after due consideration,
there seems no reason for further postponement, particularly in view
of information received from the Regional Director that four hun-
dred of the employees in plant No. 4 are returning to work on
January 3, 1938.
The Board hereby amends its Direction of Election, as amended,
by striking out the words, "within such time as may hereafter be
determined," and substituting therefor the words, "within thirty (30)
days from the date of this Direction," and by inserting immediately
preceding the words, "the American Federation of Labor," the words,
"The Upholsterers, Furniture, Carpet and Awning Workers, Lino-
leum Workers Union, Local No. 184, affiliated with."
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Second Amendment to Direction- of Election.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
January 25, 1938
On September 3, 1937, The Upholsterers, Furniture, Carpet and
Awning Workers, Linoleum Workers Union, Local No. 184, herein
called the Upholsterers, filed with the Regional Director for the
Eleventh Region (Indianapolis, Indiana) a petition alleging that
a question had arisen concerning the representation of employees of
Showers Brothers Furniture Company, Bloomington, Indiana,
herein called the Company, and, requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act.
Pursuant to notice duly served upon the Company; the Uphol-
sterers; International Brotherhood of Firemen and Oilers, herein
594 NATIONAL LABOR RELATIONS BOARD
called the Firemen and Oilers; International Union of Operating
Engineers, herein called the Operating Engineers ; United Furni-
ture Workers, Local Industrial Union No. 496, herein called the
United Furniture Workers; National Furniture Workers, Local No.
1, herein called the National Furniture Workers ; and the United
Brotherhood of Carpenters and Joiners of America, herein called
the Carpenters, a hearing was held on October 14 and 15, 1937,
before Henry J. Kent, the Trial Examiner duly designated by the
Board.
On December 17, 1937, the Board issued a Decision and Direction
of Election. On December 29, 1937, the Board issued an Amend-
ment to Direction of Election, and on December 31, 1937, the Board
issued a Second Amendment to Direction of Election. The Direc-
tion of Election, as amended, provided that an election by secret
ballot should be held within thirty (30) days from the date of the
Direction under the direction and supervision of the Regional Di-
rector for the Eleventh Region among the production employees,
employed by the Company at its Bloomington, Indiana, plants on
September 3, 1937, excluding office employees, supervisory employees,
engineers, firemen, watchmen and maintenance employees, to de-
termine whether they desired to be represented by The Uphol-
sterers, Furniture, Carpet and Awning Workers, Linoleum Workers
Union, Local No. 184, affiliated with the American Federation of
Labor, or by United Furniture Workers, Local Industrial Union
No. 496, affiliated with the Committee for Industrial Organization,
for the purposes of collective bargaining, or by neither.
Pursuant to the Direction of Election, as amended, an election by
secret ballot was conducted on January 6, 1938, by the Regional
Director for the ,Eleventh Region. Full opportunity was afforded
all the parties to the investigation to participate in the conduct
of the secret ballot and to make challenges. On January 7, 1938, the
Regional Director for the Eleventh Region issued and duly served
upon the parties to the proceeding his Intermediate Report on the
ballot. No objection to the ballot or to the Intermediate Report has
been filed by any of the parties.
As to the results of the secret ballot, the Regional Director re-
ported as follows :
Total Employees Eligible___________________________________ 977
Total Number of Ballots Counted____________________________ 710
Total Number of Votes for The Upholsterers, Furniture, Carpet
and Awning Workers, Linoleum Workers Union Local No
184, affiliated with the A F. of L__________________________ 230
Total Number of Votes for the United Furniture Workers,
Local Industrial Union No. 496, affiliated with the C I. O___ 443
DECISIONS AND ORDERS 595
Total Number of Votes for neither Organization______________ 35
Total Number of Blank Ballots_____________________________ 0
Total Number of Void Ballots_______________________________ 01
Total Number of Challenged Ballots_________________________ 2
We find that United Furniture Workers, Local Industrial Union
No. 496, affiliated with the Committee for Industrial Organization,
has been designated and selected by a majority of the production
employees, employed by Showers Brothers Furniture Company at its
Bloomington, Indiana, plants, excluding office employees, supervisory
employees, engineers, firemen, watchmen and maintenance employees,
as their representative for the purposes of collective bargaining.
United Furniture Workers, Local Industrial Union No. 496, affiliated
with the Committee for Industrial Organization, is, therefore, by
virtue of Section 9 (a) of the Act 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 we will so certify it.
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 8, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that United Furniture Workers, Local In-
dustrial Union No. 496, affiliated with the Committee for Industrial
Organization, has been designated and selected by a majority of the
production employees, employed by the Showers Brothers Furniture
Company at its Bloomington, Indiana, plants, excluding office em-
ployees, supervisory employees, engineers, firemen, watchmen and
maintenance employees, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Act,
United Furniture Workers, Local Industrial Union No. 496, affiliated
with the 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.