White Furniture Co.

National Labor Relations Board - Board Decisions

Mar 20, 1945

60 N.L.R.B. 1361 (N.L.R.B. 1945)

In the Matter of WHITE FURNITURE COMPANY and TINITED FURNITURE
WORKERS OF AMERICA, C. I. O.
Case No. 5-R-1809.-Decided March 20,1945
Mr. Kenneth M. Brim, of Greensboro, N. C., for the Company.
Mr. Bernard Hiatt, of Martinsville, Va., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Furniture Workers of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
White Furniture Company, Mebane, North Carolina, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before George L. Weasler, Trial
Examiner. Said hearing was held at Greensboro, North Carolina, on
March 1, 1945. The Company and the Union 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
prejudicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
White Furniture Company is a North Carolina corporation with
its principal place of business at Mebane , North Carolina , where it is
engaged in the manufacture of furniture . During the 12-month
period preceding the date of the hearing , the Company purchased
raw materials valued in excess of $250,000 , approximately 90 percent
of which was shipped to it from points outside the State of North
60 N. L . R. B., No 239.
628563-45-vol. 60-87 1361
1362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Carolina.' During the same period the Company produced goods
valued in excess of $500,000, about 95 percent of which was shipped
to points outside the State of North Carolina.
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 is a labor organization af-
filiated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
IH. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of, its employees until such time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents -a sub-
scantial number of employees in the'unit hereinafter found to be
appropriate.'
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
The Union urges that all production and maintenance employees
of the Company, excluding clerical employees, the superintendent,
foremen, clipper operator and assistant foreman, tape machine operator
and assistant foreman, and inspectors, constitute a unit appropriate
for the purposes of collective bargaining. , The only controversy with
respect to the unit concerns inspectors, the clipper operator and assist-
ant foreman, and the tape machine_ operator and assistant foreman.
The Company would include them in the unit. '
The Company employs two inspectors who are paid on an hourly
rate. They inspect the Company's products before they go to the
finishing department, and although they have the authority to reject
any products for faulty work, they do not have knowledge with respect
to what employees might have performed such work. They do not
make any recommendations with respect to the quantity or quality
of work produced by any employee. Under the circumstances, we shall
include the inspectors in the unit. -
' The Field Examiner reported that the Union presented 143 membership application
cards There are approximately 200 employees in the appropriate unit.
WHITE FURNITURE COMPANY 1363
The Company employs two persons classified as a clipper operator
and assistant foreman and a tape machine operator and assistant fore-
man, respectively. Both of these employees work in the veneer de-
partment where they spend all of their time operating machines. They
are paid on an hourly rate and receive approximately the same rate
of pay as the skilled mechanics employed by the Company. Although
they are in charge of the veneer department during the infrequent
absences of the foremen, they do not have any authority to recommend
effectively the hire, discharge, discipline, or promotion of any em-
ployee. Inasmuch as the record clearly shows that these two em-
ployees do not have any supervisory authority we shall include them
in the unit.
We find that all production and maintenance employees of the Com-
pany, including inspectors, the clipper operator and assistant fore-
man, and the tape machine operator and assistant foreman, but ex-
cluding clerical employees, the superintendent foremen, and any other
supervisory employees with authority to hiie. promote, discharge,
discipline, or otherwise effect changes in the -taus of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining, within he me<<.iing 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 means of 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 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 White Furniture
Company, Mebane, North Carolina, an election by secret ballot shall
be conducted as early as possible, but not later than sixty (60) 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 the
employees in the unit found appropriate in Section IV, above, who
1364• DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 election, to determine
whether or not they desire to be represented by United Furniture
Workers of America, C. I. 0., for the purposes of collective bargaining.