Williamsport Furniture Co.

National Labor Relations Board - Board Decisions

Nov 29, 1945

64 N.L.R.B. 1073 (N.L.R.B. 1945)

In the Matter Of WILLIAMSPORT FURNITURE COMPANY and UNITED
FURNITURE WORKERS OF AMERICA, C. I. 0.
Case No. 4-R-1807.-Decided November 29, 19.45
Mr. Joseph M. McNerney, of Williamsport, Pa., for the Company.
Mr. Michael Ardis, of Williamsport, Pa., for the Union.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Furniture Workers of Amer-
ica, C. I. 0., herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Williamsport Furniture Company, Williamsport, Pennsylvania,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Eugene M.
Purver, Trial Examiner. The hearing was held at Williamsport,
Pennsylvania, on August 17, 1945. The Company and the Union
appeared and participated. All parties were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. During the course of the hear-
ing, the Company moved to dismiss the petition on the ground that
it had not been afforded an opportunity to examine and ascertain
the authenticity of authorization cards, submitted by the Union to
the Board to substantiate its claim of interest. The Trial Examiner
referred this motion to the Board. The Company's motion is hereby
denied for reasons indicated in Section III. 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
I. TIIE BUSINESS OF TIIE COMPANY
Williamsport Furniture Company is a Pennsylvania corporation
engaged in the manufacture of wooden shipping containers and civil-
64 N. L. R. B, No. 176. 1073
670417-46-vol. 64-69
1074 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ian desks . Approximately 65 percent of the value of its production
was devoted to the war effort. The Company's annual purchases of
raw materials consist principally of wood which is valued at more
than $300,000, of which more than 90 percent is received from points
outside the Commonwealth of Pennsylvania . The Company's fin-
ished products are annually valued at more than $500,000, of which
26 percent is shipped to points outside the Commonwealth of Penn-
sylvania.
The Company concedes it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
11. TIIE ORGANIZATION INVOLVf;D
United Furniture Workers of America is a, labor organization, affili-
ated with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. TIIE QUESTION CONCERNING HEIRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative 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 hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found 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. TILE API'ROYRIATE rINUr
We find, in substantial conformity with the stipulation of the parties,
that all production and maintenance employees of the Company at
its Williamsport plant, including watchmen, firemen, and truck
drivers, but excluding managerial staff, office workers, and 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.
1The Field Examiner reported that the Union submitted 52 authoiization cards and
there are approximately 100 persons in the appropriate unit . During the hearing it de-
veloped that there are now less than 50 persons in the appropriate unit
The Company requested that it he permitted to examine the cards for the purpose of
testing the validity of the signatures on the cards and for the further purpose of determin-
ing the number of cards. . . " This request was properly denied by the Trial Examiner
See Matter of Buffalo Arms Colporat,on, 57 N 1. It. 13 1560 Matter of Amos-Thompson
Corporation 49 N L H B 423 Matte, of Banehte Co,porat,o, 60 N L R. B. 318
WILLIAMSPORT FURNITURE COMPANY 1075
V. THE DETERMIINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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 Williamsport Fur-
niture Company, Williamsport, Pennsylvania, 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 Fourth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and It, of said Rules and Regina
tions, among 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 United Furniture Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.