Turner-White Casket Co., Inc.

National Labor Relations Board - Board Decisions

Oct 23, 1945

64 N.L.R.B. 421 (N.L.R.B. 1945)

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In the Matter of TURNER-WHITE CASKET COMPANY, INC. and CASKET
WORKERS LOCAL 412, UPHOLSTERERS' INTERNATIONAL UNION OF
NORTH AMERICA, A. F. L.
Case No. 5-R-0024.Decided October 23, 1945
Messrs. William D. MacMillan and John C. Hasten, of Baltimore,
Md., for the Company.
Mr. Ray Theme, of Baltimore, Md., and Mr. Raphael Trachtman, of
Philadelphia, Pa., for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Casket Workers Local 412,
Upholsterers' International Union of North America, A. F. L., herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Turner-White
Casket Company, Inc., Baltimore, Maryland, herein called the Com-
pany,' the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before Leon Novak, Trial Examiner.
The hearing was held at Baltimore, Maryland, on September 7, 1945.
The Company and the Union appeared and participated. All par-
ties 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 preju-
dicial 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
I. THE BUSINESS OF THE COMPANY
Turner-White Casket Company, Inc., a North Carolina corporation,
maintains its principal office and place of business at Winston-Salem,
1 The petition and other formal papers were amended at the hearing to show the correct
name of the Company.
64 N. L . R. B., No. 77.
421
422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
North Carolina, and a branch office and plant at Baltimore, Maryland.
We are herein principally concerned with the plant at Baltimore,
Maryland. At its Winston-Salem plant, the Company manufactures
casket shells. At its Baltimore plant, the Company completes caskets,
covering and lining the shells and equipping them with hardware.
In its operations at the Baltimore plant, the principal raw mate-
rials purchased by the Company are silks, covering materials, and
hardware. During the preceding year, the Company's purchases of
such raw materials for use at its Baltimore plant exceeded in value the
sum of $75,000, approximately 90 percent of which was shipped to the
Baltimore plant from points outside the State of Maryland. During
the same period, the total sales of finished products at the Baltimore
plant exceeded in value the sum of $100,000, approximately 40 percent
of which was shipped to points outside the State of Maryland.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Casket Workers Local 412, Upholsterers' International Union of
North America, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
M. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees unless and until
the Union is certified by the Board.
A statement prepared by a Field Examiner, introduced into evi-
dence at the hearing, and a statement of the Trial Examiner, read
into the record at the hearing, indicate that the Union 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.
2 The Field Examiner reported that the Union submitted 10 authorization cards, which
bore apparently genuine original signatures ; that the names of 9 persons appearing on
the cards w ere listed on the Company 's pay roll of July 28, 1945 ; and that 5 of the cards
were dated July 1945 and that 4 were undated.
A further statement of the Trial Examiner , made at the hearing, indicates that three
additional authorization cards were submitted to the Trial Examiner by the Union at the
hearing; that these cards bore apparently genuine signatures ; that the names of the per-
sons appearing on such cards were listed on the Company 's pay roll of July 28, 1945; and
that two of the cards were dated August 15 , 1945, and one was dated September 6, 1945.
There are approximately 15 employees in the appropriate unit.
TURNER-WHITE CASKET COMPANY, INC.
IV. THE APPROPRIATE UNIT
423
We find, in substantial accordance with the agreement of the parties,
that all production and maintenance employees of the Company at its
Baltimore plant, excluding office clerical employees, superintendent,
foremen, foreladies, and all supervisory employees who have authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OR REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who 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 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 Turner-White
Casket Company, Inc., Baltimore, Maryland, 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 Fifth 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 those employees 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 or not they desire to be repre-
sented by Casket Workers Local 412, Upholsterers' International
Union of North America, A. F. L., for the purposes of collective bars
gaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.