Tell City Desk Co., Inc.

National Labor Relations Board - Board Decisions

Nov 30, 1945

64 N.L.R.B. 1165 (N.L.R.B. 1945)

In the Matter of TELL CITY DESK COMPANY, INC. and UNITED FURNI-
TURE WORKERS OF AMERICA, LOCAL #331, C. I. O.
Case No. 11-B-885.-Decided November 30, 1946
Mr. Isidor Kahn, of Evansville, Ind., for the Company.
Mr. Harold J. Jerger, of Jasper, Ind., for the C. I. O.
Mr. Harry G. Jones, of Rushville, Ind., and Mr. 111undie Long, of
Tell City, Ind., for the A. F. of L.
Mr. Angelo J. Fiwmara , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Furniture Workers of America,
Local #331, C. I. 0., herein called the C. I. O., alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Tell City Desk Company, Inc.,' Tell City, Indiana,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Clifford L.
Hardy, Trial Examiner. The hearing was held at Tell City, Indiana,
on October 15, 1945. The Company, the C. I. 0., and Upholsterers'
International Union of North America, Local No. 345, A. F. of L.,
herein called the A. F. of L., appeared and participated.' All parties
were afforded full opportunity to be heard, to examine and cross-ex-
amine 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 an oppor-
tunity 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
Tell City Desk Company, Inc., an Indiana corporation, is engaged
in the manufacture of household desks at its only plant in Tell City,
1 The name, of the Company appears in the caption and body of this Decision as it was
corrected at the hearing.
2 The Trial Examiner granted the A. F. of L's motion to intervene over the objection of
the C. I. O. See footnote 3, infra.
64N.L R B,No.195. 1165
1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Indiana. During the year 1944, the Company used raw material&
valued in excess of $100,000, consisting principally of lumber, veneer,
plywood, finishing and packing materials, and trimming hardware,
over 75 percent of which was shipped to the Company's plant from
points outside the State of Indiana. During the same period the
Company's finished products were valued in excess of $100,000, more
than 75 percent of which was shipped to points outside the State.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United, Furniture Workers of America, Local #331, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
Upholsterers' International Union of North America, Local No.
345, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company_
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. 0.
as the exclusive bargaining representative of certain of its employees
until it has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number
of employees in the unit hereinafter found appropriate.3
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 agreement with the parties, that all pro-
duction and maintenance employees, including watchmen, firemen,
, The Field Examiner reported that the C. I O. submitted 55 authorization cards ; that,
of these cards , 46 were dated between August and September 1945, and 6 were undated
and that these are 94 employees in the appropriate unit.
The Trial Examinci stated at the hearing that the A . F. of L. submitted 10 designa-
tions, 6 of which were signed by persons listed on the Company ' s pay roll. The C. I. O.
objected to the A F of L 's motion to intervene on the basis that the A F of L. did not
make a sufficient showing and should , therefore , not be accorded a place on the ballot
Although the foregoing evidence of representation by the A F. of L is not substantial,
inasmuch as an election is to be conducted , we shall accord the A. F. of L. a place on the
ballot. See Matter of The Mead Corporation , Heald Division, 63 N L. R. B. 1129.
The Company objected to the admission in evidence of the Report on Investigation of
Interest of Contending Labor Organizations , urging the same grounds as those set forth
in Matter of Tell City Furinture Go, Inc., 11-R-881, 64 N. L. R. B. 1169 . issued this
day The Trial Examiner overruled the objection For the reasons discussed, in the
cited case, the Trial Examiner 's ruling is hereby upheld.
TELL CITY DESK COMPAN Y, INC. 1167
truck drivers, and the subforeman,h but excluding clerical employees,
the superintendent, foremen, and all 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 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth below
and in the Direction.
The Company employs five school boys on a part-time basis, who
work with regularity as many as 12 to 17 hours each week. They
are accorded the same treatment as regular employees, work under
the same conditions, receive the same rates of pay, and are subject
to the same supervision. In view of the regularity of the employ-
ment of these school boys and the. number of hours they work each
week, we conclude that they are regular part-time employees who
have a sufficient interest in the selection of a bargaining representa-
tive to entitle them to vote in the election.5
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 Re-
lations 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 Tell City Desk
Company, Inc., Tell City, Indiana, an election by secret ballot shall
be conducted as early as possible, but not later than sixty (60) 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, Sections 10 and 11, of said Rules and Regulations, and
our determination in Section V, above, among the employees in the
unit found appropriate in Section IV, above, who were employed
' The parties agree, and we find, that the subforeman is not a supervisory employee
within the Board ' s customary definition.
5 See Matter of Firestone Rubber & Latex Products Co., 62 N. L. R. B. 445.
1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Furniture Workers
of America, Local #331, C. I. 0, or by Upholsterers' International
Union of North America, Local No. 345, A. F. of L., for the purposes
of collective bargaining, or by neither.