W. M. Bassett Furniture Industries, Inc.

National Labor Relations Board - Board Decisions

Feb 4, 1946

65 N.L.R.B. 781 (N.L.R.B. 1946)

In the Matter of W. M. BAssiirr FU RNIThRE INDUSTRIES, INC. (W. M .
BASSETT FURNITURE COMPANY DIVISION) and UNITED FURNITURE
WORKERS OF A^IPiRICA, LOCAL 284, C. I. 0.
Case NVo. 5-R 2072.Deeided Febi alw 4,1946
Mr. Roy L. Morgan, of Greensboro, N. C., and Mr. W. R. Broaddus,
Jr., of Martinsville, Va., for the Company.
Mr. Bernard Hiatt, of Martinsville, Va., for the Union.
Mr. Warren M. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEnE\T OF THE CASE
Upon a petition duly filed by United Furniture Workers of America,
Local 284, C. I. O., herein called the Union, alleging that a question271
affecting commerce had arisen concerning the representation of em-
ployees of W. M. Bassett Furniture Industries, Inc. (W. M. Bassett
Furniture Company Division), Martinsville, Virginia, herein called
the Company,' the National Labor Relations Board provided for an
appropriate hearing upon clue notice before George L. Weasler, Trial
Examiner. The hearing was held at Martinsville, Virginia, on Octo-
ber 2G, 1 045. 'The Company and the Union appeared and participated.
All parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Exaniiner's rulings made at the hearing are free
from prejudicial error and ate hereby affirmed. All parties were
afforded opportunity to file briefs with .the Board.
Upon the entire I ecord in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bassett Furniture Industries, Inc., is a Virginia corporation with its
main office and principal place of business located in Bassett, Virginia.
I By stipulation made at the hearing the formal title and all pleadings were corrected
to show the name of the Company as It appears herein.
65 N. L. R. B., No. 132. 781
782 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company operates a division known as W. M. Bassett Furniture
Company at Martinsville, Virginia. We are solely concerned herein
with the W. M. Bassett Furniture Division of the Company which is
engaged in the manufacture of wood case goods. During the past 12
months the Company purchased for use at the W. M. Bassett Furniture
Company Division raw materials consisting mainly of lumber, var-
nishes, paints, and glues, valued in excess of $500,000, of which more
than 50 percent was shipped to the W. M. Bassett Furniture Company
Division from points outside the Commonwealth of Virginia. Dur-
ing the same period the value of goods finished at the W. M. Bassett
Furniture Company Division was in excess of $750,000, of which more
than 50 percent was sold and shipped to points outside the Common-
wealth.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Furniture Workers of America, Local 284, affiliated with
the Congress of Industrial Organizations, is a labor organization,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of any of its employees until the
Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates 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.
IV. TILE APPROPRIATE UNIT
The Union urges that all production and maintenance employees of
the Company, including firemen and watchmen, but excluding supply
room clerks, office clerical employees, assistant foremen, foremen, and
all other supervisory employees, constitute a unit appropriate for
purposes of collective bargaining. The only controversy with respect
to the unit concerns firemen and watchmen.
2 The Field Examiner reported that the Union submitted 213 authorization cards bearing
.the names of 122 employees listed on the Company's pay roll of August 20, 1945. There
are approximately 310 employees in the appropriate unit.
W. M. BASSETT FURNITURE INDUSTRIES, INC. 783
The Company employs two watchmen. Although they carry arms
they do not wear uniforms, nor are they deputized or militarized.
Their duty is simply to patrol the property and generally protect the
premises in the interests of the Company. Since they are watchmen
as distinguished from specialized plant-protection guards, we shall
include them in the appropriate unit.'
The Company employs four firemen, whose duties consist of looking
after the boilers, keeping up fire and steam, and doing some mainte-
nance work. They are responsible to the foreman of the maintenance
department. In accordance with our usual practice, we shall include
firemen in the appropriate unit.
We find that all production and maintenance employees of the Com-
pany's W. M. Bassett Furniture Company Division, including watch-
men and firemen, but excluding supply room clerks, office clerical
employees, assistant foremen, foremen, and all other supervisory
employees 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 purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act. °
V. THE DETERMINATION OF REPRESENTATIVES
The Company contends that all its employees in the armed services,
of whom there are about 131, should be permitted to vote by mail in
the event an election is directed. We are of the opinion that the facts
in this case do not substantially differ from those in Matter of South
Wiest Pennsylvania Pipe Lines .4 Accordingly, we shall provide for
the mail balloting of employees in the armed forces who fall within
the appropriate unit, subject to the condition hereinafter mentioned.
We shall direct that the question concerning representation be
resolved by an election by secret ballot among employees in the appro-
priate 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. The Regional
Director shall mail ballots to employees within the appropriate unit
on military leave, provided one or more of the parties hereto, within
seven (7) days from the issuance of the Direction of Election, files
with the Regional Director a list containing the names, most recent
addresses, and work classifications of such employees. The Regional
Director shall open and count the ballots cast by mail by employees on
8 Matter of Champion Sheet Metal Company, Inc., 61 N L It . B 511 ; Matter of Union
Lumber Company , 53 N L R . B. 507 ; Matter of Edgewater Steel Company, 56 N. L It. B.
1778
4 64 N. L. It. B 1384.
679100-46-vol 65-51
784 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
military leave, provided that such ballots must be returned to and
received by the Regional Office within thirty (30) days from the date
they were mailed to such employees by the Regional Director.5
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 Relations
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 W. M. Bassett
Furniture Industries, Inc. (W. M. Bassett Furniture Company Divi-
sion), Martinsville, Virginia, an election by secret ballot.shall be con-
ducted as early as possible, but not later than forty-five (45) 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 Regulations, among employees
in the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceeding 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, 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 election,
to determine whether or not they desire to be represented by United
Furniture Workers of America, Local 284, C. I. 0., for the purposes of
collective bargaining.
A free interchange between the interested parties of information on the addresses and
work categories of the employees to be voted by mail will be necessary, in order to avoid
challenges and post election objections Accordingly , the Board will make available to all
interested parties any information of this nature furnished it by any other party. In the
event the parties should send the absentee voters information or literature bearing directly
or indirectly on the pending election , copies of all such documents should be simultaneously
filed with the Regional Office for inspection by or transmittal to the other parties. How-
ever , acceptance or transmittal of such literature by the Board ' s office is not to be construed
as conferring immunity on the filing party in the event that objections are later interposed
concerning its content . The usual principles will apply.