Wm J. Jaeger Furniture Company

National Labor Relations Board - Board Decisions

Jan 11, 1939

10 N.L.R.B. 1096 (N.L.R.B. 1939)

In the Matter of WM. J. JAEGER FURNITURE COMPANY and FuRNI-
TURE WORKERS UNION LOCAL 1561 UNITED BROTHERHOOD OF CAR-
PENTERS AND JOINERS OF AMERICA, A. F. OF L.
Case No. R-1094.-Decided January 11, 1939
F trniture Manufacturing Industry-Investigation of Representatives: con-
tro\ ersy concerning representation of employees : rival organizations : refusal
of employer to recognize either union until representation determined by
Board-Unit Appropriate for Collective Bargainting: stipulated : all production
employees excluding office, clerical, and supervisory employees, teamsters, and
watchmen-Representatives: proof of choice: comparison of pay roll with union
membership cards of only one organization ; no proof or claim by rival organi-
zation-Certification of Representatives: upon proof of majority representation.
Mr. Charles M. Brooks, for the Board.
Mr. James S. Woollacott and Mr. Robert F. Chapman, of Los
Angeles, Calif., for the Company.
Cllr. George Walker, of Los Angeles, Calif., for the F. W. U.
Mr., Jacob Lehman, of Los Angeles, Calif., for the U. F. W.
Mr. Arnold R. Cutler, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 27, 1938, Furniture Workers Union, Local 1561, United
Brotherhood of Carpenters and Joiners of America, A. F. of L., here-
in called the F. W. V., filed with the Regional Director for the
Twenty-first Region (Los Angeles, California) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Wm. J. Jaeger Furniture Company, Los
Angeles, California, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On February 10, 1938, United Furniture Workers of Amer-
ica, Local 576, C. I. 0., herein called the U. F. W., had filed a similar
petition with the Regional Director. On September 1, 1938, 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,
10 N. L. R. B., No. 98
1026
DECISIONS AND ORDERS 1097
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice. On the same day, the Board acting pursuant to
Article III, Section 10 (c) (2), of the Rules and Regulations, ordered
that the two cases be consolidated for the purposes of hearing and
that one record of the hearing should be made.
On September 9, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
F. W. U., and upon the U. F. W. Thereafter, the U. F. W. requested
that the Board grant it permission to withdraw its petition. On
October 19, 1938, the Board ordered that the request of the U. F. W.
be granted, and further ordered, in accordance with Article III, Sec-
tion 10 (c) (2), of the Rules and Regulations, that the U. F. W. case
be severed from the F. W. U. case, and that the F. W. U. case be con-
tinued as a separate proceeding. Pursuant to the notice, a hearing was
held on October 20, 1938, at Los Angeles, California, before Albert
L. Lohm, the Trial Examiner duly designated by the Board. The
Board, the Company, the F. W. U., and the U. F. W. were represented
by counsel or by other representatives and all participated in the hear-
ing. Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on 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 evi-
dence. 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
The Company, a Nevada corporation, is engaged in the manufacture
of furniture. Only its plant situated in the county of Los Angeles,
California, is here involved. In 1937 the Company purchased raw
materials worth approximately $112,800 and sold approximately
$292,509 worth of finished products. Approximately 5 per cent of the
raw materials were shipped to the Los Angeles plant from outside the
State of California and approximately 47 per cent of the finished
products were shipped from the Los Angeles plant to points outside
the State of California.
II. THE ORGANIZATIONS INVOLVED
Furniture Workers Union, Local 1561, is a labor organization affili-
ated with the United Brotherhood of Carpenters and Joiners of
America and the American Federation of Labor, admitting to its mem-
1 098 NATIONAL LABOR RELATIONS BOARD
bership all production employees of the Company at its Los Angeles
plant, exclusive of office, clerical, and supervisory employees, team-
sters, and watchmen.
United Furniture Workers of America, Local 576, is a labor organi-
zation affiliated with the Committee for Industrial Organization, ad-
mitting to its membership all production employees of the Company
at its Los Angeles plant, exclusive of office, clerical, and supervisory
employees, teamsters, and watchmen.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to the expiration on September 1, 1938, of a closed-shop agree-
ment between the F. W. U. and the Company, the F. W. U. and the
U. F. W. each informed the Company that it represented the employees
of the Company and requested the Company to negotiate with it for
an agreement. The Company refused to negotiate with either of the
labor organizations and informed its employees that it would not make
any further agreements until the Board had certified one of the labor
organizations as the representative of the employees for the purposes
of collective bargaining.
We find that a question has arisen concerning representation of em-
ployees 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
At the hearing it was stipulated by all the parties and we find that
all the production employees of the Company at its Los Angeles plant,
excluding office, clerical, and supervisory employees, teamsters, and
watchmen constitute a unit appropriate for the purposes of collective
bargaining. We further find that said unit will insure to employees
of the Company at its Los Angeles plant the full benefit of their right
to self-organization and to collective bargaining and otherwise effectu-
ate the policies of the Act.
VT. THE DETERMINATION OF REPRESENTATIVES
There was introduced in evidence at the hearing a list, prepared
from records of the Company, of the employees of the Company as
DECISIONS AND ORDERS 1099;
of October 12, 1938. This list contained the names of 71 persons,
including two watchmen. The. F. W. U. submitted in evidence 67
membership cards.' After a comparison by counsel for the Board
and a representative of the Company of the list of employees and
the membership cards of the F. W. U., all parties stipulated that the
F. W. U. represented a majority of the employees of the Company
within the appropriate unit.2 The U. F. W. introduced no evidence
that it represented any employees of the Company, and its repre-
sentatives stated at the hearing that the U. F. W. made no present
claim in such regard.
We find that the F. W. U. has been designated and selected by a
majority of the employees in the appropriate unit as their repre-
sentative for the purposes of collective bargaining. It is, therefore,
the exclusive 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 Wm. J. Jaeger Furniture Company, Los
Angeles, California, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. All the production employees of the Company at its Los Angeles
plant, excluding office, clerical, and supervisory employees, teamsters,
and watchmen, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. Furniture Workers Union, Local 1561, affiliated with the United
Brotherhood of Carpenters and Joiners of America and the Ameri-
can Federation of Labor, is the exclusive representative of all the
employees in such unit for the purposes of collective bargaining,
within the meaning 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,
1 Pursuant to a stipulation of all the parties , the original F. W. U. membership cards
were withdrawn and In lieu thereof a list of the names appearing on the cards was
submitted in evidence.
2 It appears that 61 of the 67 names appearing on the F W. U. membership cards also
appeared on the pay-roll list of the Company as of October 12, 1938.
1100 NATIONAL LABOR RELATIONS BOARD
IT IS IiEREBT CERTIFIED that Furniture Workers Union, Local 1561,
affiliated with the United Brotherhood of Carpenters and Joiners of
America and the American Federation of Labor, has been designated
and selected by a majority of all the production employees of Wm.
J. Jaeger Furniture Company, Los Angeles, California, at its Los
Angeles plant, excluding office, clerical, and supervisory employees,
teamsters, and watchmen, as their representative for the purposes of
collective bargaining and that, pursuant to the provisions of Section
9 (a) of the Act, Furniture Workers Union, Local 1561, affiliated
with the United Brotherhood of Carpenters and Joiners of America
and the American Federation of Labor, 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 con-
ditions of employment.