Thonet Brothers, Inc.

National Labor Relations Board - Board Decisions

Nov 13, 1942

45 N.L.R.B. 582 (N.L.R.B. 1942)

In the Matter of 'THONET BROTHERS , INC. and FURNITURE WORKERS
UNION, LOCAL 76-B OF THE U . F. W. OF A, CIO
Case N. R-.1350.Decided November 13,1912
Jurisdiction : furniture manufacturing industry. ,
Investigation and Certification of Representatives : existence of question: re-
fusal to grant recognition to any union without certification by the Board ;
contract renewed with notice of rival union 's claim, held not to be a bar ; elec-
tion necessary.
Unit Appropriate for Collective Bargaining : craft unit including all furniture
workers, bench hands, cabinetmakers , machine hands, machine sanders, and
registered apprentices , including foremen , but excluding upholsterers , finishers
and chair assemblers , held appropriate from past bargaining history and or-
ganization.
Mr. John J. Cuneo, for the Board. - 0
Mr. John J. Halpin, of New York City, for the Company.
Mr. -Henry Weinstock, of New York City, for the Furniture
Workers.
Breed, Abbott & Morgan, by Mr. Thomas E. Kerwin and Mr.
Arthur.P. Lawler, of New York City, for the Carpenters.
Mr. Joseph Rothenberger and'Mr. R. Alvin Albarino, of New York
City, for the Upholsterers. -
Mr. Eugene Sullivan, of New York City, for the Craftsmen.
Mrs. Augusta Spaulding, of Counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a second amended petition duly filed by Furniture Workers
Union, Local 76-B of the United Furniture Workers of America, CIO,
herein called the Furniture Workers, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Thonet Brothers, Inc.,1 Long Island City, New York, the National
The petition and other formal papers were amended at the hearing to disclose the
correct name of the Company.
45 N. L. R. B, No. 84.
582
THONET• BROTHERS, INC. 583
Labor Relations Board provided for an appropriate hearing upon
'due notice before Earl S. Bellman, Trial Examiner. The Board; the
Company; the Furniture `Yorkers; District Council of New York and
Vicinity of the United Brotherhood of Carpenters and Joiners of
America, A. F. of L., herein called the Carpenters; United Upholster-
ers' Union, Local 44, herein called the Upholsterers; and' Building,.
Maintenance and Craftsmen's Union, A. F. of L., herein called the
Craftsmen, appeared, participated, and were afforded full opportunity
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 ' prej udicial error and are hereby affirmed.
The Company and the Furniture Workers, on October 21, 1942, and the
Carpenters, on October 23, 1942, filed briefs which the Board has
considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Thonet Brothers, Inc., is engaged in the manufacture, sale, and
,distribution of furniture at Long Island City, New York. The prin-
cipal raw materials used in the manufacture of its products are lumber,
plywood,,screws, hardware, and filling and covering materials.
During the 6 months' period preceding October 1, 1942, the Com-
pany brought to its plant from points outside New York raw materials
'valued at $250,000. This amount represented approximately 70 per-
cent of all raw materials used at the plant during that period. During
the same period, the Company finished at its plant products valued
at approximately $900,000. Of such products 70 percent by value
was shipped from the plant to points outside New York. The Com-
pany admits that it is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATIONS ,INVOLVED
Furniture Workers Union, Local 76-B of the United Furniture
Workers of America, is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to membership employees
,of the Company.
District Council of New York and Vicinity of the'United Brother-
hood of Carpenters and Joiners of America, United Upholsterers'
Union, Local 44, and Building, Maintenance and Craftsmen's Union
are labor organizations affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
584 ,DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On July 24, 1942, the Furniture Workers by letter notified the
Company that it claimed to represent a majority of the Company's
production employees and that it had filed a petition for investigation
and certification of representatives in the Board's Regional Office.,
The Furniture Workers further advised the Company not to renew
or to extend existing contracts with other labor organizations cover-
ing such employees. On August 21;1942, the Furniture Workers filed
an amended petition, restricting its proposed unit to include only
employees covered in the current contract between the Company and
the Carpenters. ,
On September 1, 1942, the Carpenters and the Company entered
into a contract covering employees in the craft unit alleged by the
Furniture Workers, and herein found to be, an 'appropriate bargaining
unit. The Carpenters, contends that this contract is a bar to a deter-
mination of representatives at this time. The contract was signed
subsequently to the filing of the original petition herein, at a time
when both parties thereto were advised of-the contention of the Furni-
ture Workers to represent a majority of the Company's production
employees, and subsequent to the,filing of the amended petition in
which the proposed unit was expressly limited to craft employees
covered thereunder. We find that the contract made under these
circumstances constitutes no bar to a determination of representatives
at this time.
A statement prepared by the Regional Director and introduced
into evidence at the hearing indicates that the Furniture Workers
represents a-substantial number of employees in the appropriate unit,
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. TIIE APPROPRIATE UNIT
The Furniture Workers contends that all furniture workers, bench
hands, cabinetmakers, machine hands, machine sanders, and registered
apprentices, •including'foremen, but excluding upholsterers, finishers,
and chair, assemblers, constitute an appropriate bargaining unit. The
Company and the Carpenters contend that all production employees
z The Furniture workers submitted to the 'Regional Director 19 authorization cards dated
June 1942, all of which appear to bear genuine signatures of employees on the Company's
pay roll of July 20, 1942. This pay roll lists 34 employees within the appropriate unit.
All employees in the appropriate unit are presently covered under a closed-shop contract
between the Company and the Carpenters. At the time of the hearing there were about 40
employees in the appropriate unit
THONET BROTHERS, INC. '585
at the'plant , excluding clerical employees , constitute a single appropri-
ate unit.
- The Company and its predecessors have operated a furniture plant
at Long Island City for several years . In 1937, a consent election
was held among production employees at the plant to determine
whether or not they desired to be represented by Local 201 , t labor
organization affiliated with the ,Committee for Industrial Organiza-
tion. Local 201 won ' the election and, in September 1937, entered into
a sole bargaining contract with the Company covering such employees.
In November 1938, the Furniture Workers succeeded Local 201 as
bargaining agent for employees in the same industrial unit.
11 In 1938 the Company was unable to effect the delivery of its prod-
ucts manufactured . under a bargaining contract with a labor organ-
ization affiliated with the Congress of Industrial Organizations at
buildings being constructed under bargaining contracts with organi-
zations affiliated with the American Federation of Labor. In Decem-
ber 1938 the Company was negotiating contracts with prospective ex-,
hibitors at the World 's Fair at New York City . On December 13, 1938,
Building and , Construction , Trades Council of Greater , New York,
Long Island, and Vicinity , a labor organization affiliated with the
American Federation of. Labor, by letter notified .the Company that
the American Federation of Labor had entered into an agreement with
the World 's Fair that only mechanics who were members of its affiliates
would be employed on that project . The Company was 'also " advised
that the full support of the American Federation of Labor and its
affiliates would be accorded the Upholsterers , the affiliate having
craft jurisdiction of upholstery work performed in building construc-
tion. As a result of this labor situation , in March 1939 , the Furniture
Workers and the American Federation of Labor entered into a stipu-
lation whereby the Furniture Workers , on certain conditions protect-
ing its members from discriminatory treatment , surrendered its bar-
gaining agency for' employees of the Company to the craft unions
affiliated with the American Federation of Labor . A'representative
of the Upholsterers first conferred with the Company concerning the
categories 'of work performed at the plant . The Upholsterers, the
Carpenters , and the Craftsmen agreed with respect to the employees,
subject to their respective craft jurisdictions . Thereafter, in May
1939, the Company entered into separate closed-shop contracts with the
Carpenters , the Upholsterers , and the Craftsmen covering employees
subject to their several respective craft jurisdictions . All production
employees at the plant who were previously represented ' by the Fur-
niture Workers were covered by these three contracts . In August
U
586 DECISIONS OF NATIONAL *LABOR RELATIONS BOARD
1940, and again in August 1941, similar contracts were effected by the
respective parties covering employees in the same craft units.
On July 22, 1942, the Furniture Workers filed a petition for inves-
tigation and certification of representatives in the Board's Regional
Office, alleging that all production employees, excluding office and
clerical help, supervisory foremen, and truckmen, constituted an
appropriate bargaining unit. On August 21, 1942, the Furniture
Workers filed an amended petition, modifying the industrial unit
set forth in its original petition by restricting the proposed unit to
employees presently covered in the craft contract between the Com-
pany and the Carpenters.3 On September 1, 1942, while the amended
petition was pending in the Regional Office, the Carpenters and the
Craftsmen entered into new contracts with the Company for em-
ployees subject to their respective craft jurisdictions. The Uphol-
sterers also at this time was negotiating with the Company for a
new ,contract covering employees subject to its craft jurisdiction,
although the completion of formal details was delayed pending,the
'decision of an arbitration board for a sliding wage scale for such
employees. The contract between the Upholsterers and the Com-
pany was substantially, concluded, however, before the hearing in the
instant proceeding.
The Company urges that the sequence of production work at the
plant and the interchange of employees among the several depart-
ments therein makes an industrial unit of all production employees
an appropriate bargaining unit. In 1937 and in 1938 bargaining
between the Company and its employees followed an industrial pat-
tern. Nevertheless, in 1939 the method of bargaining changed. In
1939 and for the past 3 years, independently of the Upholsterers and
,the Craftsmen, both of which bargained separately for employees sub-
ject'to their respective craft jurisdictions, the Carpenters has nego-
tinted with the Company for employees in the unit which the Furni-
ture Workers herein contends is an appropriate bargaining unit.
Under these circumstances, we conclude and find that the proposed
unit is an appropriate bargaining unit 4
We find that all furniture workers, bench hands, cabinetmakers,
machine hands, machine sanders, and registered apprentices, employed
at the Company's plant, including foremen, but excluding uphol-
sterers, finishers, and chair assemblers, constitute a unit appropriate
for the purposes of collective bargaining within .the meaning of Sec-
tion 9 (b) of the Act. ,
3 On September 23, 1942, the Furniture Workers filed a second amended petition in
which it set forth seriatim the categories of employees covered by this contract.
4 Cf. Matter of Continental Baking Company and Local Union No. 458, United Construc-
tion Workers Organizing Committee ( C. I. 0 ), 41 N L R. B. 998.
- THONET BROTHERS, INC.
V. THE DETERMINATION OF REPRESENTATIVES -
587
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot.
The Company has recently increased the number of employees in
the several departments of its plant to perform work made available
by its war contracts. Since September 1, 1942, the Company has hired
five new employees in categories included in the appropriate unit.
The Furniture Workers would exclude such employees from the elec-
tion- and would determine eligibility by the pay roll of September 1,
1942, the date on which the former contract between the Carpenters
and the Company terminated.' The Company has been operating
under closed-shop contracts with the Carpenters for employees in the
appropriate unit since May 1939. For this reason, we see no reason
to depart from our usual practice in determining eligibility.
The Carpenters requests that it appear on the ballot as "District
Council of New York, United Brotherhood of Carpenters and Joiners
of America, A. F. of L." The Furniture Workers requests that it
appear on the ballot as "Furniture Workers' Union, Local 76-B,
CIO." We shall grant these requests.
Those eligible to vote in the election shall be all employees within
the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election, subject
to the limitations and additions set forth therein.
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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represen-
tatives for the purposes of collective bargaining with Thonet Broth-
ers, Inc., Long Island City, 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 super-
vision of the Regional Director for the Second Region, acting in this
matter as agent for the National Labor'Relations Board and subject
to Article III, Section 10, of said Rules'and Regulations, among all
employees of the Company within the unit found appropriate in
Section' IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employ-
ees who did not work during such pay-roll period because they were
588' DECISIONS OF NATIONAL LABOR • RELATIONS BOARD
ill or on vacation or,in the active military service or,training of the
United States, or temporarily laid off, but excluding employees who
have since quit or been discharged for" cause, to determine whether
they desire to be represented by Furniture Workers' Union, Local'
76-B, CIO, or by District Council of New York, United Brother-
hood of Carpenters and Joiners of America, A. F. of L., for tht3
purposes of collective bargaining, or by neither.