Story and Clark Piano Co.

National Labor Relations Board - Board Decisions

Apr 18, 1945

61 N.L.R.B. 614 (N.L.R.B. 1945)

In the Matter Of STORY AND CLARK PIANO COMPANY and UNITED AUTO-
MOBILE WORKERS OF AMERICA, A. F. OF L.
Case No. 7-R-1937.Decided April 18,1945
Messrs. E. F. Story, Paul E. Van Piper, and F. F. Story, Jr., of
Grand Haven, Mich., for the Company.
Mr. Clyde Sands, of Grand Haven, Mich., for the U. A. W.-A. F. L.
Mr. Raymond Barlow, of Grand Rapids, Mich., for the U. F. W. A.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile Workers of America,
A. F: of L., herein called the U. A. W.-A. F. L., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Story and Clark Piano Company, Grand Haven, Michigan,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Sylvester J.
Pheney, Trial Examiner. Said hearing was held at Grand Haven,
Michigan, on March 16, 1945. At the commencement of the hearing,
the Trial Examiner granted a motion of United Furniture Workers of
America, C. I. 0., herein called the U. F. W. A., to intervene. The
Company, the U. A. W.-A. F. L., and the U. F. W. A. appeared at and
participated in the hearing and all parties were afforded full op-
portunity 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 affirmed. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Story and Clark Piano Company is a Delaware corporation with its
principal place of business at Grand Haven, Michigan, where it is en-
gaged at present in the manufacture of parts for gliders. During its
fiscal year ending June 30,1944, the Company purchased raw materials
61 N. L. R. B., No. 90.
614
STORY AND CLARK PIANO COMPANY 615
valued at about $345,000, approximately $311,700 worth of which was
shipped to it from points outside the State of Michigan. During the
same period, the Company sold products valued at about $814,000,
approximately $80,000 worth of which was shipped to points outside
the 'State of Michigan.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Furniture Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
United Automobile Workers of America is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During December 1944, the U. A. W.-A. F. L. requested the Com-
pany to recognize it as the exclusive collective bargaining representa-
tive of the Company's employees. The Company refused this request
on the ground that it was operating under a contract with the
U. F. W. A.
On March 1, 1942, the Company and the U. F. W. A. entered into an
exclusive contract covering the employees involved herein. The con-
tract provides that it shall remain in full force and effect until March
1, 1943, and from year to year thereafter unless terminated by either
party thereto giving notice of a desire to terminate not less than 60
days prior to any annual expiration date. The U. F. W. A. contends
the contract renewed itself on March 1, 1945. Inasmuch as the
U. A. W.-A. F. L. made its claim prior to January 1, 1945, we find that
the contract does not constitute a bar to a present determination of rep-
resentatives.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the U. A. W.-A. F. L. represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate.'
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.
IV. THE APPROPRIATE UNIT
We find, in substantial accord with a stipulation of the parties, that
all production and maintenance employees of the Company, including
1 The Trial Examiner reported that the U. A. W -A. F L. presented 72 authorization cards
bearing the names of persons who appear on the Company's pay roll of March 3, 1945
There are approximately 88 employees in the appropriate unit. The U . F. W. A. did not
present any evidence of representation , but relies upon its contract as evidence of its
interest in the instant proceeding.
616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
watchmen,2 but excluding clerical and office employees and all super-
visory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or ef-
fectively recommend such action, constitute a unit appropriate for the
purposes of collective 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 means of an election by secret ballot among
the employees 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 Relations
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 Story and Clark
Piano Company, Grand Haven, 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, Sections 10 and 11, of said Rules and Regula-
tions, 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 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 any 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 they desire to be represented by United Automobile
Workers of America, A. F. of L., or by United Furniture Workers of
America, C. I. 0., for the purposes of collective bargaining, or by
neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
2 The watchmen are neither armed, uniformed, nor militarized.