The Park Furniture Co., Inc.

National Labor Relations Board - Board Decisions

Oct 18, 1945

64 N.L.R.B. 320 (N.L.R.B. 1945)

In the Matter of THE PARK FURNITURE COMPANY, INC., and
'UPHOLSTERERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL
186, A. F. OF L.
Case No. 11-R-859.-Decided October 18, 19.15 '
Pell & Pell, by Mr. Wilbw F. Pell, of Shelbyville, Ind., and Mr.
Roy Waggener, Jr., of Rushville, Ind., for the Company.
Mr. J. W. Brown, of Cincinnati, Ohio, and Messrs.-John W. Kep-
linger and Harry G: Jones, of Rushville, 'Ind., for the Union.
Mrs. Augusta Spaulding, of counsel to.the Board.
DECISION -
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Upholsterers' International Union of
North America, Local 186, A. F. of L., herein called the Union, alleg-
ing that a question' affecting commerce had arisen concerning the
representation of employees of The Park Furniture Company, Inc.,
Rushville, 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
Rushville, Indiana, on August 30, 1945. The Company and the Union
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 snakes the following :
FINDINGS Or FACT
1. THE BUSINESS OF TIL E COMPANY
The Park Furniture Company, Inc., is,a corporation organized and
doing business under the laws of the State of Indiana, with its princi-
I United Furniture Workers of America , C, I 0 . also served with notice, did hot appear
64 N. L. R. B., No. 58.
320
THE PARK FURNITURE COMPANY, I-NC . 321-
pal office and place of business located at Rushville, Indiana. During
the past year-more than 50 percent of the raw materials used by the
Company in its -operations was shipped to its plant at Rushville,
Indiana, from outside the State of Indiana, and more than 50 percent
of the finished products manufactured by the Company during the
-past year was shipped too points outside the State of Indiana. Raw
materials purchased by the Company and sales of products finished
by the Company each annually exceed $50,000.1
The, Company admits that it is engaged- in commerce within the
meaning of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
Upholsterers' International Union of North America, Local 186,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 23, 1945, the Union by letter asked the Company for
recognition as bargaining representative of the Company's employees.
On July 26, the Company denied the re4uest.
A statement of a Board agent, introduced into evidence it the hear-
ing, indicates that the Unioii represents a substantial number 'of em-
ployees 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
Substantially in accordance with, an agreeiinelit of the parties at
the hearing, we find that all production and maintenance ,employees
of the..Company'at its Rushville, Indiana, plant, including, watchmen
and firemen, but excluding executive, administrative, professional,
,x Subsequent to the close of the hearing, the Regional Director and the Company enteral
into it supplementary stipulation regarding the Company's business The stipulation is
hereby made, an(]- is, part of the record in this proceeding
The Field Examiner reported that the Union submitted, 45 authorization cardsrdated
in July 1945 There are approxifiately 60 employees in the appropriate unit
The Company contends that the statement-of the Field Examiner has no probative value,
because the Field Examiner was not present at the hearing as'a witness and could not be
cross-examined we find that the Company's contentions are without merit As we have
frequently stated, the submission of cards is an administrative expedient adopted by the
Board to determine for itselt.,whether or not a question coin eruing representation has,
arisen Matter of Buffalo Arms Corporation, 57 N. 1, R B 1560
The trial Examiner properly denied the application by the Company for snbpena daces
tecusn, requiring the presence of the Field Examiner who conducted the prior investigation
and the Union organizer, and, in genera, the production of all membership books, records,
and papers of r the Union The mtormation sought is not material to this proceeding.
Matter of Harry Manaster if Bro and United l'aclers, Inc, 60 N 1, It B 979
670417-46-vol 64-22
322 DECISIONS, OF NATIONAL' LABOR RELATIONS BOARD
office-and clerical employees, and all supervisory employees with the,
authority to hire, promote, discharge, discipline, or otherwise effect'
changes in the. status of employees, or effectively ^recomniend 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 -Nvho 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 Rela-
tions Board Rules ^md Regulations-Series.3, as. amended, it;is_hereby
DIRECTED that, as part of'the investigation to ascertauu representa-
tives for the purposes of collective bargaining with The Park Furni-
ture Company, Inc., Rushville, Indiana, 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 super-
vision of the Regional Direction 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 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 elec-
tion, to determine whether or not they desire to be represented by'
Upholsterers' International Union of North America, Local 186,
A.F. of L., for the purposes of collective bargaining.
i