St. Johns Table Co.

National Labor Relations Board - Board Decisions

Jun 30, 1941

33 N.L.R.B. 85 (N.L.R.B. 1941)

In the Matter Of 'ST. JOHNS TABLE COMPANY and UNITED FURNITURE
WORKERS OF AMERICA, LOCAL 417, AFFILIATED WITH THE CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. R-2640.-Decided June 30,1941
Jurisdiction : furniture manufacturing industry.
'Investigation and Certification of -Representatives : existence of question: Com-
pany refused to accord union recognition until such time as it had proof union
represented a majority of its employees ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding executives, plant supervisors, foremen, and office employees;
agreement as to.
Mr. A. W. Penny, of Muskegon, Mich., for the Company.
Mr. Fred M. Breen, of Cadillac, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 8,'1941, United Furniture Workers of America, Local 417,
affiliated with the Congress of Industrial Organizations, herein called
the Union, filed with the Regional Director for the "Seventh Region
(Detroit, Michigan) 'a petition alleging that a question affecting com
merce had arisen concerning the representation of employees of St.
Johns Table Company, Cadillac, Michigan, 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,
49 Stat. 449, herein called the Act., On May 29, 1941,, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, or-
dered.an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On June 4, 1941, 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 June 13, 1941, at Cadillac,
33 N. L. R. B., No. 17.
85.
86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Michigan, before Earl R. Cross, the Trial Examiner duly designated
by the Chief Trial. Examiner. The Company and the Union were
represented and participated in the hearing. Full opportunity to be
heard,'to examine and cross-examine witnesses, and to introduceevi-
dence bearing on the issues was afforded all parties.. During the
course of the hearing the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
St. Johns Table Company is a Michigan corporation with its'prin-
cipal place of business at Cadillac, Michigan, where it is engaged in
the manufacture of furniture. From May 1, 1940, to April, 30,.1941,
the Company purchased raw materials valued at approximately, $254,-
0627 71 per cent of which were shipped to it from points outside the
State of Michigan. During the same period the Company sold finished
products valued at about $672,989, approximately 86 per cent of which
were shipped by it to points outside the State of'Michigan. It admits
that it is engaged in interstate commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
i t
United Furniture Workers of America, Local 417, is a labor organi-
zation affiliated with the Congress of Industrial Organizations. It'
admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about May 1, 1941, the Union, claiming to represent a majority
of the Company's employees, requested a conference for the purposes
of collective bargaining. The Company denied this request until such
time as it had proof that the Union represented -a majority of its em-
ployees. A statement of the Regional Director, introduced in, evidence
at the hearing, shows that the Union represents a substantial number
of employees in the alleged appropriate unit.? .
We find that a question has arisen concerning the representation. of
.employees of the Company.
T h e e Regional Director reported that 88 persons whose names appeared on the Company's
,pay roll for the period immediately preceding May 28, 1941, had signed membership 'appli-
cation cards in the Union . There are approximately 170 employees in the alleged,appro-
priate unit .
. " . : , ; ; .
I
.
ST., JOHNS TABLE COMPANY . 87
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 and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce. .
V. THE APPROPRIATE UNIT.
The Company, and the Union agreed at the hearing, and we find, that
all productionand'maintenance employees of the'Company , excluding
executives , plant supervisors , foremen, and office employees , consti-
tute a unit appropriate for the purposes of collective bargaining. We
further . find that such unit will insure to employees of the Company
the full benefit of their right to . self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
` We :find that the question concerning representation which has
arisen can'.best be resolved by an election by secret ballot. The Union
and the Company agreed that, in the event the Board directs an elec-,
tion, eligibility to vote shall be determined by the Company's pay roll'
of June 16, 1941. We find that the employees of the Company eligible
to vote in the election shall be those employees whose names appear
on the Company's pay roll of June 16, 1941, subject to such limitations
and additions as are set forth in the Direction hereinafter.
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 St. Johns Table Company, Cadillac, Michi-
gan, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All production and maintenance employees of the Company,
excluding executives, plant supervisors, foremen, and office employees,
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining'
with St. Johns Table Company, Cadillac, Michigan, 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 Seventh 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
whose names appear, on the Company's pay roll of. June 16, 1941, in-
cluding employees who did not work during such pay-roll period be-
cause they were ill or on vacation or in the active military service or
training of the United States or temporarily laid off, but excluding
executives, plant supervisors, foremen, office employees, and employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by United Furniture Workers of
America, Local 417, affiliated with the Congress of Industrial Organ-
izations, for the purposes of collective bargaining.