Smith Cabinet Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 6, 1942

38 N.L.R.B. 957 (N.L.R.B. 1942)

In the Matter of FORD A. SMITH, BLANCHE F. SMITH, AND WILLIAM
C. SHANKS, PARTNERS DOING BUSINESS AS SMITH CABINET MANU-
FACTURING COMPANY and UNITED BROTHERHOOD OF CARPENTERS &
JOINERS, LOCAL No. 1699 (AFL)
Case No. R-34414.-Decided. February 6, 1942
Jurisdiction : radio cabinet manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board ; election
necessary.
Petition entertained notwithstanding Company's objection thereto because
of the filing of the petition one day after Decision of the Board dismissing
prior petition involving same petitioner where since the hearing in the
former proceeding which was dismissed because of insubstantial showing of
representation the petitioner has greatly increased its membership and
secured authorizations of a substantial number of employees.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at the Company's plant excluding supervisory and clerical em-
ployees; agreement as to.
Mr. Fae W. Patrick, of Indianapolis, Ind., for the Company.
Mr. Joseph 0. Carson, II, and Mr. Howard Bennett, of Indian-
apolis, Ind., for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 24, 1941, United Brotherhood of Carpenters & Joiners,
Local No. 1699 (AFL), herein called the Union, filed with the
Regional Director for the Eleventh Region (Indianapolis, Indiana)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Ford A. Smith,
Blanche F. Smith, and William C. Shanks, Partners doing business
as Smith Cabinet Manufacturing Company, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
38 N. L. R. B , No. 172.
957
958 DIECISIONS OF NATIONAL LABOR RELATIONS BOARD
49 Stat. 449, herein called the Act. On December 31, 1941, the Na-
tional Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended , ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On January 2, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on January 9,
1942, at Indianapolis, Indiana, before Arthur R. Donovan, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and the Union were represented by counsel and both partici-
pated 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 on objec-
tions to the q dmission 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 COMPANY
Ford A. Smith, Blanche F. Smith, and William C. Shanks are
partners doing business under the name of Smith Cabinet Manufac-
turing Company at Salem, Indiana. The Company is engaged in the
manufacture, sale, and distribution of radio cabinets and similar
articles of wooden furniture. The Company operates a manufacturing
plant at Salem, Indiana. Approximately 50 percent of the raw
materials purchased and the finished products sold by the Company
move in interstate commerce.' During the past 3 months the Com-
pany has had in its employ approximately 850 employees. The
Company admits that it is engaged in commerce within the meaning
of the Act.
H. THE ORGANIZATION INVOLVED
United Brotherhood of Carpenters & Joiners, Local No. 1699, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
'It was stipulated at the hearing that the Board 's findings concerning the business of
the Company in a former proceeding, cited in footnote 2 below, accurately state facts con-
cerning the Company 's business at the present time.
SMITH CABINET MANUFACTURING COMPANY
III. THE QUESTION CONCERNING REPRESENTATION
959
The Company has consistently refused to bargain with the Union
until it is certified by the Board as bargaining agent in an appropriate
unit composed of the Company's employees.
On October 23, 1941, the Board issued its Decision and Order 2 in
which it dismissed a former petition filed by the Union for investiga-
tion and certification as bargaining agent of the Company's production
and maintenance employees, finding that the evidence submitted by
the Union did not indicate that it represented a sufficient number of
employees of the Company to justify an election at that time. On
October 24, 19411 the Union filed the petition in the instant proceeding.
The Company contends that the Board should not entertain a second
petition filed by the same union in so short an interval of time. The
record in this proceeding indicates that the Union has greatly increased
its membership since the hearing was held in the former proceeding
and that the Union has at the present time secured authorizations of
a substantial number of the Company's employees 3 in the unit which
the parties agree is appropriate for bargaining. We believe that the
policies of the Act will best be effectuated by holding an election with-
out further delay, in order that employees of the Company may obtain
the right to bargain collectively with the Company if they so desire.4
We find that a question has arisen concerning the representation
of employees of the Company.
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 I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
2 Matter of Ford A. Smith , Blanche F. Smith, and William C. Shanks, Partners doing
business as Smith Cabinet Manufacturing Company, and United Brotherhood of Car-
penters and Joiners, Local No. 1699 (AFL), 36 N. L . R. B. 363.
8 According to. a statement submitted by the Regional Director and introduced into
evidence , the Union submitted 344 application cards, of which 204 bear names of employees
on the Company's pay roll of October 25, 1941. Two such cards bear dates in 1931 ; 5 in
1939; 39 in 1940; 118 between April 1, 1941 and October 1, 1941 ; 110 between October 1,
1941 and December 1, 1941; and 70 are undated. Twenty-two such cards are duplicates.
The Union also submitted a petition authorizing the Union to represent the signers as
bargaining agent. The petition bears 134 signatures , of which 102 are the names of em-
ployees on the Company 's pay roll of October 25, 1941. None of these names are dupli-
cates of the names on the 204 application cards noted above . There are 819 employees
listed on the pay roll of October 25, 1941.
4 Cf. Matter of New York Central Iron Works, Hagerstown, Maryland, and International
Association of Bridge, Structural and Ornamental Iron Workers Shopmen's Local Union
#603, 37 N. . L. It. B. 894; Matter of Chrysler Corporation and International Union,
United Automobile, Aircraft & Agricultural Implement Workers of America, affiliated with
the C. 1. 0., 37 N. L. It. B. 877.
960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties agree, and we find, that all production and maintenance
employees at the Company's plant at Salem, Indiana, excluding super-
visory and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining. We further find that the said
unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining, and
will otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation can best be
resolved by, and we shall accordingly direct, an election by secret
ballot. Those eligible to vote in the election shall be employees in
the appropriate unit who were employed during the pay-roll period
immediately preceding the date of our Direction of Election, subject
to the limitations and additions set forth therein.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONcI UsIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Ford A. Smith, Blanche F. Smith, and
William C. Shanks, Partners doing business as Smith Cabinet Manu-
facturing Company, Salem, Indiana, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of Ford A. Smith,
Blanche F. Smith, and William C. Shanks, Partners doing business
as Smith Cabinet Manufacturing Company, Salem, Indiana, excluding
supervisory and clerical employees, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the 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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY DIRECTED that, as part of the investigation ordered
by the Board to ascertain representatives for the purposes of collec-
SMITH CABINET MANUFACTURING COMPANY 961
tive bargaining with Ford A. Smith, Blance F. Smith, and William
C. Shanks, Partners doing business as Smith Cabinet Manufacturing
Company, Salem, Indiana, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction of Election, under the direction and super-
vision 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
all production and maintenance employees of the Company who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during such pay-roll period because they were ill or on vacation or
in the active military service or training of the United States, or
temporarily laid off, but excluding clerical and supervisory employees
and employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United
Brotherhood of Carpenters & Joiners, Local No. 1699 (AFL), for
the purposes of collective bargaining.
438861-42-vol. 38-62