Bunting Glider Company And United Furniture Workers Of America, 1138 (1940)

In the Matter of BUNTING GLIDER COMPANY and UNITED FURNITURE WORKERS OF AMERICA Case No. R-1776.-Decided April 20, 1940 Furniture Manufacturing Industry-Investigation of Representatives: controversy concerning representation of employees: rival organizations; refusal by employer to recognize petitioning union in view of conflicting claims of majority designation-Unit Appropriate for Collective Bargaining: production employees, except supervisory and clerical employees, and truck drivers;

agreement as to-Representatives: proof of choice: results of consent electionCertification of Representatives: upon proof of majority representation through consent election.

Mr. Jerome I. Macht, for the Board.

Wolf, Block, Schorr d& Solis-Cohen, by Mr. Samuel A. Goldberg, of Philadelphia, Pa., for the Company.

Mr. Philip Dorfman, of Philadelphia, Pa., for the United Furniture Workers.

Syme & Simons, by Mr. Benjamin R. Simons of Philadelphia, Pa., for Bedding and Glider Workers' Union.

Mr. Wendell P. Kay, Jr., of counsel to the Board.

DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On February 21, 1940, Local 65, United Furniture Workers of America, affiliated with the C. I. 0., herein called Local 65, filed with the Regional Director for the Fourth Region (Philadelphia,

Pennsylvania), a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Bunting Glider Company, Philadelphia, Pennsylvania, 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 March 1, 1940, 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 2, as amended, ordered an investigation and authorized the Regional 1138 1139 Director to conduct it and to provide for an appropriate hearing upon due notice.

On March 6, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon Local 65, and upon Local 404, Bedding and Glider Workers' Union, affiliated with Upholsterers' International Union, American Federation of Labor, herein called Local 404, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice a hearing was held on March 21, 1940, before Henry J. Kent the Trial Examiner duly designated by the Board. The Board, the Company, Local 65, and Local 404 were represented by counsel and participated in the hearing. At the hearing all the parties entered into a stipulation and agreement providing for a consent election to be held on April 4, 1940, under the direction and supervision of the Regional Director, among all the production workers employed by the Company, exclusive of supervisory and clerical employees, and truck drivers, to determine whether said employees desired to be represented by Local 65, or by Local 404, for the purposes of collective bargaining, or by neither; for certification by the Board on the basis of the election; and waiving further hearing and a direction of election by the Board. Thereafter the record was transmitted to the Board at Washington, D. C.

Pursuant to the stipulation and agreement an election by secret ballot was conducted on April 4, 1940, under the direction and supervision of the Regional Director among all the production workers employed by the Company,...