Hayworth Roll & Panel Co.

In the Matter of HAYWORTH ROLL & PANEL COMPANY and VENEER & PANEL WORKERS LOCAL UNION No. 2566, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA , A. F. OF L. Case No. 5-R1680.Decided, November 15, 1944 Mr. Kenneth M. Brim, of Greensboro, N. C., and Mr. A. Bruce Conrad, of High Point, N. C., for the Company. Messrs. W. C. Sprinkle, Carl R. Barnes, and Albert W. Cox, of High Point, N. C., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Veneer & Panel Workers Local Union No. 2566, United Brotherhood of Carpenters and Joiners of America, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Hayworth Roll & Panel Company, High Point, North Carolina, herein called the Compaiiy, the National Labor Relations Board provided for an appropriate hearing upon due notice before George L. Weasler, Trial Examiner. Said hearing was held. at High Point,,North Caro- lina, on October 25, 1944. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to exam- ine 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 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 Hayworth Roll & Panel Company is a partnership with its principal place of business at High Point, North Carolina, where it is engaged 59 N. L. R. B., No. 60. 289 290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the manufacture of plywood panel. During • the year preceding- the date of the hearing the Company purchased raw materials valued in excess of $200,000, about 50 percent of which was shipped to it from points outside the State of North Carolina. During the same period the Company produced goods valued at about $400,000, approximately 10 percent of which was shipped to points outside the State of North Carolina. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Veneer & Panel Workers Local Union No. 2566, United Brotherhood of Carpenters and Joiners of America, is a labor organization affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evi- --donee at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate .1 We find that a question affecting commerce has arisen concerning the representation of the Company, within the meaning of Section 9-(c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with the parties, that all produc- tion and maintenance employees of the Company, including watchmen," firemen, and truck drivers, but excluding clerical employees, the super- intendent-foreman, and all other 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. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which ' has arisen be resolved by means of an el•.^ction by secret ballot among i The Field Examiner reported that the Union presented 36 membership application cards. There are approximately 41 employees in the appropriate unit. 8 The watchmen are neither armed, uniformed, nor militarized. 6 HAYWORTH ROLL & PANEL COMPANY 291 the 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. The Company contends that the 11 women presently employed by it should be deemed ineligible to vote because they will not remain in its employ' when the regular employees who are now in the armed forces of the United States are reemployed. The record indicates that the Company intends to employ female employees for the duration of the present war and there is some likelihood that some of them will be lee- tained thereafter. We conclude that the female employees are eligible to vote. ' 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 DmEOTEn that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Hayworth Roll & Panel Company, High Point, North Carolina, 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 super- vision of the Regional Director for the -Fifth 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 personat the polls, but excluding any 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 Veneer & Panel Workers Local Union No. 2566, United Brotherhood of Carpenters and Joiners of America, A. F. of L., for the purposes of collective bargaining. O