Sieling Furniture Co.

National Labor Relations Board - Board Decisions

Mar 12, 1947

72 N.L.R.B. 1095 (N.L.R.B. 1947)

In the Matter of SIELING FURNITURE COMP ANY, EMPLOYER and
UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA (A. F.
OF L.)
In the Matter of SIELING FURNITURE COMPANY, EMPLOYER and
UNITED FURNITURE WORKERS OF AMERICA, C. I. O. and UPHOL-
STERERS INTERNATIONAL UNION OF NORTH AMERICA (A. F. OF L.)
Cases Nos . 4-R-2468 and 4RE-29, respectively.-Decided March. 12,
1917
Mr. McClean Stock, of York, Pa., for the Employer.
Mr. Haskell Golder, of Philadephia, Pa., for the Upholsterers.
Mr. Harry Weinstock, of New York City, for the Furniture Workers.
Mr. Leonard J. Mandl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon separate petitions duly filed, a consolidated hearing in these
cases was held at York, Pennsylvania, on December 13, 1946, before
John H. Garver, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.'
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Sieling Furniture Company, a Pennsylvania corporation, is engaged
in the manufacture of wood furniture at its plant at Railroad, Penn-
sylvania. It annually purchases for use at its plant raw materials
valued at approximately $400,000, of which about 80 percent repre-
sents shipments from points outside the Commonwealth of Pennsyl-
' The hearing officer reserved ruling for the Board on the motion of the Upholsterers to
strike from the record a statement by the hearing officer that there had been exhibited to
him by counsel for the Furniture Workers a document showing a list of some 13 written
names under a statement to the effect that the signets were disavowing their membership
in the Upholsterers and affirming their affiliation with the Furniture Workers. We hereby
grant this motion and strike this statement from the record.
72 N. L. R. B , No. 190.
1095
X900,000, of which about 70 percent represents shipments to points out
side the Commonwealth.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Upholsterers International Union of North America, herein called
the Upholsterers, is a labor organization affiliated with` the-American
Federation of Labor; claiming to represent employees of the Employer.
United Furniture Workers of America, herein called the Furniture
Workers, is a labor organization affiliated with the Congress' of Indus-
trial Organizations, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REP'RC$6ENTATION
The Employer has refused to recognize either the Upholsterers or
the Furniture Workers as the bargaining representative of the Em-
ployer's production and maintenance employees without a certification
by the Board. The Furniture Workers contends that an existing
collective bargaining agreement is a bar to this proceeding.
On February 19, 1945, the Furniture Workers and the Employer
signed a 1 year collective bargaining agreement covering the Em-
ployer's_production and maintenance employees.2 On March 20, 1946,
the contracting parties renewed their agreement for an additional 1
year period from the date of the renewal, and from year to year there-
after, unless either party should serve notice at least 30 days before any
anniversary date of a desire to terminate the contract. Thereafter,
the members of the Furniture Workers local voted to disaffiliate from
that organization and to join the Upholsterers. On November 14,'
1.946, the Upholsterers filed its petition herein. Inasmuch as the
Upholsterers filed its petition before the Mill B,3 or operative date of
the automatic renewal clause in the 1946 agreement, and that agree-
went may be terminated on March 20, 1947, less than 1 month from
the present time, we find that it is not a bar to a present determination
of representatives 4
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
'The Furniture workers was certified after an election pursuant to a Decision and
Direction of Election, Matter of Siding Furniture Company, 59 N. L. R. B. 794.
3 Matter of Mill B, Inc., 40 N. L. R. B. 346.
4 Matter of Olive Products Company, 67 N. L. R. B. 842; Matter of Carrier Corporation,
69 N. L. R. B. 243.
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Employer, excluding
clerical employees, executives, assistant foremen, maintenance super-
visors, and all other supervisory employees with authority to hire,
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 mean-
ing of Section 9 (b) of the Act.5
DIRECTION OF ELECTION
As part of the investigation to - ascertain representatives for the
purposes of collective bargaining with Sieling Furniture Company,
Railroad, Pennsylvania, 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 Fourth Region, acting in this matter as agent for the
.National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
,Series 4, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period immedi-
ately 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 those employees who have since quit or been dis-
.charged for cause and have not been rehired or reinstated prior to the
date of the election, to determine whether they desire to be represented
by Upholsterers International Union of North America, A. F. of L.,
or by United Furniture Workers of America, CJ. 0., for the purposes
of collective bargaining, or by neither.
CHAIRMAN HERZOG took no :part in the consideration of the above
Decision and Direction of Election.
"This is the unit previously found appropriate by the Board . Matter of Sieling Furni-
ture Company, 59 N. L. It. B. 794.
e Any participant in the election herein may , upon its prompt request to and approval
thereof by the Regional Director , have its name removed from the ballot.