Antigo Veneer Co.

In the Matter of ANTU;O VENEER Coi rPANY and INTERNATIONAL WOODWCiu ERS OF AMERICA, CIO Case No. 18-R--,930.Decided March, 13, 1944 Buclzen, Currie, Federer ct Grote, by Mr. George R. Currie of She- boygan, Wis., for the Company. Mr. Edward J. Lambert, of Wausau , Wis., for the Union. Mr. Irving Rogosin , of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT Or THE CASE Upon a petition duly filed by International Woodworkers of America, CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Antigo Veneer Company, Antigo, Wisconsin, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Stephen M. Reynolds, Trial Examiner. Said hearing was held at Wausau, Wisconsin, Oil January 25, 1944. The Company and the Union appeared and par- ticipated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing 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 Or FACT I. THE BUSINESS OF THE COMPANY Antigo Veneer Company, a Wisconsin corporation, is a wholly owned subsidiary of the Frost Veneer Company of Sheboygan, Wis- consin. It is engaged in the manufacture of wood veneer. During the year 1943, it purchased logs valued at $111,745. Of this total, logs valued at $66,249 were purchased outside the State of Wisconsin and 55 N. L It B, No. 85. 5781 20-44-vol 55--30 449 450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD shipped to the Antigo plant. During the same period, the total value of sales amounted to $237,401, of which $37,695 represented the value of sales and shipments to points outside the State of Wisconsin. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Woodworkers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION It was stipulated between the parties that on December 15, 1943, the Union requested recognition as the exclusive bargaining repre- sentative of the production and maintenance employees of the Com- pany, and that on January 3, 1944, the attorney for the Company advised the Union that it desired to have the Union certified by the Board before entering into negotiations. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial 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 It was stipulated between the parties at the hearing that all em- ployees "in or about" the Antigo plant, excluding foremen, super- visory, and clerical employees constitute an appropriate unit for pur- poses of collective bargaining. There are, however, two employees as to whom the parties are in dispute. ' The Regional Director reported that the Union submitted 31 application cards all of which bore apparently genuine original signatures ; that the names of 27 persons appear- ing on the cards were listed on the Company's pay roll of December 23, 1943, which con- tained the names of 60 employees in the appropriate unit; and that the cards were all dated during the month of December 1943 At the hearing, the Company offered to prove that the signatures on the application cards were not genuine The offer, supported by specimen, notarized signatures of all em- ployees on the pay roll and submitted as a standard for comparison, was excluded We have, heretofore, affirmed the rulings of the Trial Examiner. The issue of the genuineness of the signatures is not open to the Company here The showing of substantial representa- tion is merely an administrative requirement of the Board to satisfy it as a preliminary matter that there is sufficient showing to justify proceeding with the investigation of rep- resentatives See Matter of Amos-Thompson Corporation, 49 N. L R. B. 423; Matter of Atlas Powder Company, Zap on Division, 43 N. L. R. B. 757, and cases therein cited. ANTIGO VENEER COMPANY 451 (1) John Knapkavage. The Company would include this employee, who is classified on its pay roll as chief engineer and foreman, within the appropriate unit. The Union urges that he be excluded. He has general charge of maintenance of the plant, is in charge of the boiler room, where he has supervision over three firemen, and receives an hourly rate of pay between 20 and 25 percent higher than that of the firemen under him. He has the power to make recommc.idations with respect to hiring and discharging and is clearly within our usual definition of a supervisory employee. We shall, therefore, exclude him from the unit. (2) Alfred Now. This employee is described as a scaler and yard foreman. The petitioner would include him within the appropriate unit. The Company would exclude him. The record discloses that he has supervision over a regular crew of four to six men, that he receives a rate of pay 15 to 25 percent higher than the members of his crew, and that he has the power to recommend hiring and discharging. Although the record further indicates that this employee quit his employment since December 23, 1913, it is clear that his duties are supervisory. We shall, therefore, exclude any person who may suc- ceed this employee in the discharge of his duties, from the appropriate unit.2 We find, in accordance with the foregoing conclusions and in sub- stantial agreement with the stipulation of the parties, that all produc- tion and maintenance employees of the Company, excluding clerical employees, the chief engineer, scaler and yard foreman, and all super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect change 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. V. THE DETEI;MINATION OF IIEPIiESENTATIVES 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 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, = The record does not reveal whether the Company has replaced this employee or antici- pates doing so. 452 DECISIONS OF NATIONAL •LABOR RELATIONS BOARD and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Antigo Veneer Company, Antigo, Wisconsin, an election by secret ballot shall be con- ducted 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 Eighteenth 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 apprQpriate 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 represented by International Woodworkers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. MR. JOYIN M. HousTON took no part in the consideration of the above Decision and Direction of Election.