Wycombe Meyer, Inc.

National Labor Relations Board - Board Decisions

Aug 3, 1944

57 N.L.R.B. 872 (N.L.R.B. 1944)

In the Matter,of WYCOMBE MEYER, INC . ,and UNITED FURNITURE WoRK-
ERS OF AMERICA, C. 1. 0.
Case No. 2-R-4789.-Decided August 3,1944'
Mr. LeRoy Meyer and Miss Rita Meyer, of New York City, for the
Company.
Mr. Harry Weinstock, of New York City,-for the C. I. O.
Mr. Harold F. Levin, of New York City, for the A. F. L.
Mr. Philip Licari, 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. O.; herein called the CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Wycombe Meyer, Inc., New York City, herein called the Company,
the National -Labor Relations Board provided for -an appropriate
hearing upon due notice before Richard J. Hickey, Trial Examiner.
Said hearing was held at New York City, on June 26, 1944. The Com-
pany, the CIO, and Upholsterers,, Decorators & Allied Craftsmen,
Local 44, and Women Upholsterers Union, Local 45, affiliated with
Upholsterers International Union of North America, herein called the
A. F. L., 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 Examiner's
rulings made at the hearing are free from prejudicial error, and are
hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Wycombe Meyer, Inc., a New York corporation, is engaged at New
York City in the manufacture, sale, and distribution of upholstered
57 N L. R. B., No. 140.
872
WYCOMBE MEYER, INC. 873
furniture. During the year ending May 30, 1944, the Company pur-
chased raw materials valued at approximately $50,000, of which 90
percent was shipped from points outside the State of New York. In
the same period, the Company sold finished products valued in excess
of $100,000, of which 90 percent was shipped to points outside the
State of New York.
The- Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Furnitli're Workers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
Upholsterers, Decorators & Allied Craftsmen, Local 44, and Women
Upholsterers Union, Local 45, affiliated with the Upholsterers Inter-
national Union of North America,, affiliated with the American Fed-
eration of Labor, are labor i organizations admitting to membership
employees of the Company.
Y
III. THE .QUESTION CONCERNING REPRESENTATION
On December 10, 1943, the Company and the A. F. L. entered into
a collective bargaining agreement providing, in part, as follows :
This agreement shall be in full force and effect until August 31,
1944, and shall automatically renew itself from year to year each
September 1st unless notice in writing is given by either party to
the other three months prior to September 1st of each year that
they desire to change the terms and conditions set forth herein.
On May 9, 1944, the A. F. L. notified the Company. that it desired
to commence negotiations for a new contract. On May 23, 1944, an
oral accord was reached on all matters, except for a minor issue in-
tended to be settled at a later date.
On May 18, 1944, the CIO advised the Company that it represented
a - maj ority of the Company's production, employees and requested
recognition as the exclusive bargaining representative of such em-
ployees. The Company failed to reply to the request of the CIO.
The A. F. L. argues that the oral agreement reached, on May 23,
1944, is a bar to this proceeding. However, inasmuch as the, agree-
ment had not been reduced to writing and signed prior to the CIO's
claim to representation, it is clear that it is no bar to a current deter=
mination of representatives?
3 See Matter of Etcor, Inc , 46 N. L. R. B. 1035.
874 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A' statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that both the CIO and the A. F. L.
represent 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. I
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the parties,
that, all production employees of the Company, excluding clerical,
maintenance, shipping, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.3 ,
V. THE DETERMINATION OF REPRESENTATIVES
1
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.4
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by'Secti'on 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and , Regulations-Series 3, as amended, it is
hereby
2 The Field Examiner reported that the CIO and the A F L. each submitted 13
authorization cards , all of which bore apparently genuine original signatures , and that
the names of all peisons appearing on the cards were listed on the Company 's pay roll of
May 24, 1944 , which contained the names of 42 employees in the appropriate unit In
addition , the Trial Examiner stated on the record that the CIO submitted 2 additional
authorization cards, and the A. F . L submitted a document containing the names of 37
employees and purporting to be a reaffirmance of their desire to remain members of the
A F L ; and that all names appearing on the cards submitted by the CIO and, all names
appearing on the document presented by the A .' F L., except 1, were listed on the Company's
pay roll of June 14, 1944.
s The A F . L seeks a unit excluding supervisory employees who do no journeymen's
\%ork " However, we shall ^ adhere to our usual, definition of supervisory " employees.
Though L Garfunkel and R Portelli are classified as'assistant foremen, they perform no
supervisory functions and both the CIO and A F. L deem them eligible for membership.
These employees are included in the unit as production employees
4 1'he Company and the CIO seek the pay -roll period of June 14 , 1944, as the basis for
determining eligibility , but we perceive no persuasive` reason to deviate from our usual
policy. ,
WYCOMBE MEYER, INC. 875
DIRECTED that, as part of the, investigation to ascertain representa-
tives for the purposes of collective bargaining with Wycombe Meyer,
Inc., New York City, an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30) days from the date
of this Direction, under the direction and supervision of the Regional
Director for the Second 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 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 em-
ployees who have-since quit or been discharged for. cause} and,, have not
been rehired or reinstated prior to the date of the election, to deter-,
mine whether they desire to be represented by United Furniture
Workers of America, affiliated with the Congress of Industrial Or-,
ganizations, or by Upholsterers, Decorators & Allied Craftsmen, Local
44, and Women Upholsterers Union, Local 45, affiliated with Up-
holsterers International Union of North America, affiliated with the
American Federation of Labor, for the purposes of collective bar-
gaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
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