The Co. of Master Craftsmen, Inc.

National Labor Relations Board - Board Decisions

Mar 12, 1942

39 N.L.R.B. 744 (N.L.R.B. 1942)

In the Matter of THE COMPANY OF MASTER CRAFTSMEN , INC. and
UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, A. F.
OF L.
Case No. R-3546.-Decided March 10, 1942
Jurisdiction : furniture manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition ; dispute as to appropriate
unit; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company's two plants, excluding office, clerical; and super-
visory employees; unit found appropriate coincides with the extent of
organization of the sole union involved
Mr. Edward Fenton, of 'New York City, for the Company.
Mr. Edward M. Nosbeck, of New York City, Mr. Arthur Atkinson,
and Mr. Arthur Nash, of Chittenango, N. Y., for the Union.
Mr. Fred A. Dewey, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 20, 1941, Upholsterers International Union of North
America, A. F. of L., herein called the Union, filed with the Regional
Director for the Third Region (Buffalo, New York) an amended
petition I alleging that a question affecting commerce had arisen
concerning the representation of employees of The Company of
Master Craftsmen, Inc., Oneida, New York, 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 January 13, 1942, 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, ordered an investigation and authorized the Regional
' The original petition, filed on November 25, 1941, named w J Sloane Company, Oneida,
New York, as employer
39 N. L. R. B., No. 141.
744
THE COMPANY OF MASTER CRAF'rSMEN, INC. 745
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On January 13, 1942, the Regional- Director issued a notice of
hearing, and on subsequent dates amended notices of hearing, copies
of which were duly served upon the Company and the Union. Pur-
suant to notice, a hearing was held on February 10, 1942, at Syracuse,
New York, before Peter J. Crotty, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Company and the Union
appeared by their representatives and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses , and to introduce evidence bearing on the issues was afforded
both parties. During the course of the hearing the Trial Examiner
made several rulings on objections to the admission of evidence. The
Board has reviewed all the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
The Company's request for oral argument before the Board has
been considered and is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company of Master Craftsmen, Inc., is a New York corpora-
tion, operating two plants, one in Oneida, New York, and the other
in Flushing, New York, at which it manufactures furniture and does
joiner and carpenter work for the United States Maritime Commis-
sion. During the year 1941, the Company used at its Oneida plant
raw materials of the approximate value of $200,000.00, of which
approximately 50 percent represents shipments made to the Com-
pany's Oneida plant from points outside the State of New York.
During the same year, the Company manufactured at its Oneida
plant finished products of the approximate value of $300,000.00 of
which approximately 40 percent was shipped to points outside the
State of New York. -
The Company admits, for the purpose of this proceeding, that it
is engaged in commerce within the meaning-of the Act.
II. THE ORGANIZATION INVOLVED
Upholsterers International Union of North America, is a labor
organization affiliated with the American Federation of Labor. It
admits to membership employees of the Company.
746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On October 7, 1941, the Union chartered Local 398 at Oneida, New
York, membership therein being restricted to the Company's em-
ployees at the Oneida plant. Thereafter, the Company refused the
Union's request for an election in the Oneida plant on the ground
that both its Oneida and Flushing plants should be included in the
bargaining unit. It also refused recognition of the Union as bargain-
ing representative in both plants unless and until an election was
held by the Board, establishing the Union's, claim of majority
representation.
At the hearing, the Union submitted a number of application cards
to the Trial Examiner. From the Trial Examiner's statement with
regard thereto, it appears that the Union represents a substantial
number of employees in the unit found appropriate.'
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 and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.,
V. THE APPROPRIATE UNIT
The Union contends that the production and maintenance em-
ployees of the Company at its Oneida plant, exclusive of office,
clerical, and supervisory employees constitute an appropriate unit.
The Company does not contest the classification of employees pro-
posed by, the Union, its position being confined to the contention
that such employees in both plants comprise a single appropriate
unit for the purposes of collective bargaining.
Although the two plants have the same general manager and do
similar work, they are, primarily operated as separate units. Only
when one of the plants is rushed is work transferred to the other
for completion. The, plants are located 265 miles apart and inter-
change of employees is infrequent. Employees for each plant are
largely drawn from the locality where the plant is located. There
2 There are approximately 130 employees in the claimed appropriate unit The Union
submitted 69 authorization cards, 66 dated between September 3, 1941 , and October 17,
1941, the remaining 3 cards being undated . Fifty -six of the signatures appeared to the
Regional Director to be genuine and to be the names of persons appearing on the Company's
pay roll of January 2, 1942
THE COMPANY OF MASTER CRAFTSMEN, nvc. 747
is no evidence establishing similarity of wage scales or working con-
ditions nor is there any evidence that the Company has ever had any
dealings with its employees in the two plants as a unit. We find
that the, employees of either plant could function as a separate
bargaining unit.
The Company's position seems to be based largely on the fact
that the Union has been simultaneously engaged in organizational
activities in both plants and on the claim that,the Union in Novem-
ber 1941 requested recognition as bargaining representative for both
plants. The evidence does not show that the Union attempted to or-
ganize the two plants as a single bargaining unit. , On the contrary,
the Union chartered a local in Oneida with membership restricted
to employees in the Company's Oneida plant.
Furthermore, at the Oneida plant, where there are approximately
130 employees, there has been a showing of substantial self -organiza-
tion among such employees. At the Flushing plant, which employs
more than twice as many workers, no such showing has been made.
If the Company's contention were sustained, employees of the
Oneida plant, who have indicated a desire to bargain collectively
with the Company, would be denied the opportunity,to obtain that
right until' such time as self-organization among the employees in
the Flushing plant has been achieved. No reason appears why the
employees in the Oneida plant should be denied the benefits of the
Act, until the employees in the Flushing plant are organized.3 That
an unsuccessful attempt has previously been made to organize the
Flushing plant does not mitigate against this conclusion.4 Although
a unit comprised of the employees of both plants might under some
circumstances be appropriate, since no organization other than the
Union is here seeking to represent the employees involved, a
unit coinciding with the extent of the Union's organization is
appropriate.'
We find that the production and maintenance employees of the
Company at its Oneida plant, excluding office, clerical,, and super-
' See Matter of R C A. Communications , Inc and American Radio Telegraphist 's Asso-
ciation, 2 N. L. R B 1109; Matter of Gulf Oil Corporation and International Brotherhood
of Boilermakers . Iron Shipbuilders, Welders & Helpers of America , 4 N L. R. B 133.
Matter of Associated Press and The American Newspaper Guild, 5 N L R B 43; Matter
of Kansas City Power and Light Company and Local Union B-412 International Brother-
hood of Electrical Workers, 12 N L R B 1461; Matter of Carolina Scenic Coach Lines and
Amalgamated Association of Street Electric Railway & Motor Coach Employees of America,
33 N L R B 528
4 See Matter of Luckenbach Steamship Company , Inc and Maritime Ofjice Employees
Association, International Longshoremen 's and Warehousemen 's Union, Local 144, 12
N L R. B 1333; Matter of Shase Lumber Company and Lumber & Sawmill Workers Union,
Local 2541,, Chartered by the United Brotherhood of Carpenters and Joiners of America, -
affiliated with the A. F. of L, 28 N L R B 818; Matter of Weyerhaeuser Timber Com-
pany International Association of Machinists No 1473, affiliated with the American Feder-
ation of Labor, at al, 30 N L . R B 872 -
s See Matter of Carolina Scenic Coach Lines and Amalgamated Association of Street
Electric Railway and Motor Coach Employees of America, 33 N L R. B 528.
748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
visory employees, constitute a unit appropriate for the purpose of
collective bargaining. We further find that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise will
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, and we shall accordingly direct, an
election by secret ballot. We shall direct that the employees of the
Company eligible to vote in the election shall be those in the appro-
priate unit who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject
to the limitations and additions set forth in the Direction.
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 The Company of Master Craftsmen, Inc.,
Oneida, New York, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company
at its Oneida plant, excluding office, clerical, and supervisory em-
ployees, constitute a unit appropriate for the purpose of collective
bargaining within the meaning of Section 9 (b) of the National
Labor Relations 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, 49 Stat. 449, 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 purpose of collective bargaining
with The Company of Master Craftsmen, Inc., Oneida, New York,
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 Third 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 the production and maintenance,
THE COMPANY IOF MASTER CRAFTSMEN, INC. 749
employees of the Company at its Oneida, New York, plant who were
employed during the pay-roll period immediately preceding the date
of this Direction of, Election, including those 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 office, clerical, and supervisory
employees, and those who have since quit or have been discharged
for cause, to determine whether or not they desire to be represented
for the purposes of collective bargaining by Upholsterers Inter-
national Union of North America, A. F. of L.
CHAIRMAN Mliaas took no part in the consideration of the above
Decision and Direction of Election.