Tell City Furniture Co., Inc.

National Labor Relations Board - Board Decisions

Nov 30, 1945

64 N.L.R.B. 1169 (N.L.R.B. 1945)

In the Matter of TELL CITY FURNITURE Co., INC. and UNITED FURNI-
TURE AVORPERS OF AMERICA , LOCAL #331, C. I. O.
Case No. 11-R-881.-Decided Nove'nber 30, 1945
Mr. Isidor Kahn, of Evansville, Ind., for the Company.
Mr. Harold J. Jerger, of Jasper, Ind., for the C. 1. 0.
Mr. Harry G. Jones, of Rushville, Ind., and Mr. Mundie Long, of
Tell City, Ind., for the A. F. of L.
Mr. Angelo J. Fiumara, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Furniture Workers
of America, Local #331, C. I. 0., herein called the C. I. 0., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Tell City Furniture Co., Inc., Tell City,
Indiana, herein called the Company, the National Labor Relations
Board provided 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 and the C. I. O.
appeared and participated: All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded an opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Tell City Furniture Co., Inc., an Indiana corporation, is engaged at
its plant in Tell City, Indiana, in the manufacture of radio cabinets
and certain other household furniture and wood products. During the
' Upholsterers ' International Union of North America, Local No. 345, AFL, filed its Mo-
tion to Intervene with the Regional Director prior to the hearing and was served with
Notice of Hearing. It appeaied at the hearing for the sole purpose of withdrawing its
Motion to Intervene.
64 N L R. B., No. 196. 1169
fi 70417-46-vo l 64-75
1170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
year 1944, the Company used raw materials valued in excess of $50,000;
over 75 percent of these raw materials was shipped to the Company's
plant from points outside the State of Indiana. The Company's fin-
ished products during the same period were valued in excess of $50,000,
over 75 percent of which was shipped to points outside the State
of Indiana.
We find that the Company is engaged in commerce within the mean-
ing of the National Labdr Relations Act.
II. THE ORGANIZATION 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.
III. THE QUESTION CONCERNING REPRESENTATION
The C. I. O. requested recognition from the Company in a letter
dated September 3, 1945. The Company however, refused to grant
such recognition until the C.I.O. is certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the'
hearing, indicates that the C. 1. O. represents a substantial number
of employees in the unit hereinafter found appropriate.2
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
The parties agreed and we find that all production and mainte-
nance employees at the Tell City, Indiana, plant of the Company,
2 The Field Examiner iepoited that the C I 0 submitted 185 authorization cards ; that,
of these cards, 104 were dated between July and September 1945, and 45 were undated,
and that there are 220 employees in the appropriate unit.
The Company objected to the admission in evidence of the Report on Investigation of
Interest of Contending Labor Organizations on the grounds that (1) it was not made or
taken pursuant to any notice to any of the other psi ties, (2) none of the other parties
was present for the purpose of examining or cross-examining the persons whose names
appear on the cards, (3) it is cx party and is entirely unverified, and (4) "it is used by
the Board in subsequent proceedings and in litigation for the purpose of showing the
existence of the facts set out in these statements" The Trial Examiner overruled this
objection and his iuing is Hereby upheld The Board requires a petitioning union to
submit prima facie ei iQence of representation among the employees in the appropriate
unit for the sole purpose of determining whether the petitioner has sufficient interest
to justify setting in motion the Board's investigatory machnerv The acceptance of
such ei iQence in no war preiudices the Company's legal rights and the Board does not
permit an opposing party to question the evidential showing made by the petitioner at
any stage of the proceeding We are of the opinion that the C I 0 had a sufficient
interest at the time it filed its petition to warrant our determination hereinafter that a
question concerning representation has amen Sec ilfattcr of 7'anrpa Shipbaililinq Coni-
pai/, Inc, 62 N I, Ii B 954 Matter of Sunset Moto, Lines, 59 N L R B 1434, Matter
of Champion Sheet Metal Company, Inc, 61 N 1, R B 511
TELL CITY FURNITURE CO., INC. 1171
including watchmen and firemen , but excluding office and clerical
employees , the superintendent , foremen, and all supervisory em-
ployees 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 pur-
poses 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 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor'
Relations Board Rules and Regulaticnls-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 Fur-
niture Co., 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 Boar cf, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
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
v^ ork 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 elec-
tion, to determine whether or not they desire to be represented by
United Furniture Workers of America, Local #331, C. I. 0., for the
purposes of collective bargaining.