W. W. Kimball Company, Inc.

National Labor Relations Board - Board Decisions

May 15, 1939

12 N.L.R.B. 998 (N.L.R.B. 1939)

In the Matter of W. W. KIMBALL COMPANY, INC. and PIANO AND
MUSICAL INSTRUMENT WORKERS, LOCAL 1190, A. F. OF L.
Case No. R-13205.-Decided May 15,1939
Musical Instrument and Furniture Manufacturing Industry-Investigation of
Representatives : controversy concerning representatives of employees : refusal
by employer to grant recognition of union until certified-Unit Appropriate for
Collective Bargaining : production and maintenance employees , including working
foremen , and excluding executives , supervisors , foremen , office workers, and
draftsmen ; no controversy as to-Representatives : proof of choice : check of
membership cards against pay roll-Certification of Representatives : upon proof
of majority representation.
Mr. Stephen M. Reynolds, for the Board.
Fyffe & Clarke, by Mr. Robert J. Smith, of Chicago, Ill., for the
Company.
Mr. Daniel D. Carwell, of Chicago, Ill., for the Union.
Mr. Roscoe L. Barrow, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On January 20,1939, Piano and Musical Instrument Workers, Local
1190, A. F. of L., herein called the Union, filed with the Regional
Director for the Thirteenth Region (Chicago, Illinois) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of W. W. Kimball Company, Inc., herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
103 1939, 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 1,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
12 N. L. R. B., No. 100.
998
W. W. KIMBALL COMPANY, INC. 999
On March 21, 19391 the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and upon the
Union. Pursuant to the notice, a hearing was held on March 30, 1939,
at Chicago, Illinois, before Samuel H. Jaffee, the Trial Examiner
duly designated by the Board. The Board, the Company, and the
Union were represented by counsel ; all participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues was afforded all
parties. During the course of the hearing, the Trial Examiner made
several rulings on motions and on objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
W. W. Kimball Company, Inc. has its main office and plant in
Chicago, Illinois. It is engaged in the manufacture of pianos, pipe
organs, and laboratory and vocational furniture. The principal raw
materials used in the manufacture of these products are wood, coal,
pig iron, wire, and felt. During 1938 the Company purchased raw
materials costing approximately $700,000, of which approximately
80 per cent were shipped to the Company from points outside Illi-
nois. The Company sold finished products during 1938 which grossed
over $2,000,000, of which approximately 80 per cent were shipped to
points outside Illinois.
IT. THE ORGANIZATION INVOLVED
Piano and Musical Instrument Workers, Local 1190, A. F. of L., is
a labor organization affiliated with the United Brotherhood of Car-
penters and Joiners of America, an affiliate of the American Federa-
tion of Labor, admitting to membership all production and mainte-
nance employees of the Company, including working foremen, and
excluding executives, supervisors, foremen, office workers, and
draftsmen.
III. THE QUESTION CONCERNING REPRESENTATION
During the first week of January 1939, the Union informed the
Company that a majority of the Company's employees had designated
the Union as their representative and asked that representatives of
the Company meet with it for purposes of collective bargaining. The
1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company refused to recognize the majority status of the Union until
such time as the Union should obtain certification from the Board.
On January 20, 1939, the Union filed its petition with the Board.
We find that a question has arisen concerning 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 asks for, and the Company does not object to, a unit
consisting of all production and maintenance employees, including
working foremen, and excluding executives, supervisors, foremen,
office workers, and draftsmen. The "working foremen" referred to
are employees who, though having some supervisory duties, do not
have the power to hire or discharge, and spend most of their time
working at the benches. Since the Union desires their inclusion, we
shall include them in the unit.
We find that the production and maintenance employees, including
working foremen, of the Company, excluding executives, supervisors,
foremen, office workers, and draftsmen, constitute a unit appropriate
for the purposes of collective bargaining and that said unit will in-
sure to the employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise effec-
tuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Union desires to be certified on the record as exclusive bar-
gaining representative for employees of the Company in the defined
appropriate unit. During the hearing the Company placed in evi-
dence its pay roll for January 14 and 21, 1939, which indicates that
there are approximately 741 employees in the appropriate unit. The
membership cards of the Union were also placed in evidence. Officials
of the Company and counsel for the Company checked the member-
ship cards against the pay roll and it appeared from this check that
approximately 538 of the employees in the unit are members of the
Union.
W. W. KIMBALL COMPANY, INC. 1001
We find that the Union has been designated and selected by a ma-
jority of the employees in the appropriate unit as their representative
for the purposes of collective bargaining. It is, therefore, the exclu-
sive representative of all the employees in such unit for the purposes
of collective bargaining, and we will so certify.
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 W. W. Kimball Company, Inc., Chicago,
Illinois, 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, including working
foremen, of the Company, excluding executives, supervisors, foremen,
office workers, and draftsmen, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
3. Piano and Musical Instrument Workers, Local 1190, A. F. of L.,
is the exclusive representative of all the employees in such unit for
the purposes of collective bargaining, within the meaning of Section
9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTMED that Piano and Musical Instrument Workers,
Local 1190, A. F. of L., has been designated and selected by a ma-
jority of the production and maintenance employees, including work-
ing foremen, of W. W. Kimball Company, Inc., Chicago, Illinois,
excluding executives, supervisors, foremen, office workers, and drafts-
men, as their representative for the purposes of collective bargaining
and that, pursuant to the provisions of Section 9 (a) of the Act, Piano
and Musical Instrument Workers Local 1190, A. F. of L., is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.