Carolina Panel Co., Inc.

In the Matter of CAROLINA PANEL COMPANY, INC. and UNITED FURNI- TURE WORKERS OF AMEkICA, C. I. O. Case No 5-R-1898.-Decided June 14, 1945 Mr. Don A Walser, of Lexington, N. C, and Mr. D E. Hudgins, of Greensboro, N. C., for the Company. Mr. Bernard Hiatt, of Martinsville, Va., 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 United Furniture Workers of America, C. T 0 , herein called the Union, alleging that a question affecting com- merce had arisen concerning the representation of employees of Carolina Panel Company, Inc., Lexington, North Carolina, herein called the Com- pany, the National Labor Relations Board provided for an appropriate hearing upon due notice before George L. Weasler, Trial Examiner. Said hearing was held at Lexington, North Carolina, on May 24, 1945. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the hearing the Com- pany moved to dismiss the petition The Trial Examiner reserved ruling thereon. The motion is hereby denied for the reasons stated in Section III, infra The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed All parties were afforded op- portunity 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 Carolina Panel Company, Inc., is a North Carolina corporation operat- ing a plant at Lexington, North Carolina, where it is engaged in the manu- 62N L.R B, No 59 418 CA ROI A NAPA NEL CoMPA-I-, INC 419 facture of plywood panels. During 1944 the Company purchased raw ma- terials valued at approximately $400,000, about 50 percent of which was shipped to-it from points outside the State of North Carolina. During the same period, the Company manufactured products valued at about $750,- 000, approximately 74 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 United Furniture Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as exclusive collective bargaining representative of its employees until such time as the Union is certified by the Board. A consent election was conducted on January 11, 1945, at which time a majority of the employees involved herein voted against representation by the Union. The record discloses that the Union has application cards bearing the names of a substantial number of employees.' All these cards were secured after the January 11, 1945, election. Since no collective bar- gaining representative was chosen as a result of the election of January 11, 1945, and in view of the fact that a substantial number of the Com- pany's employees appear to have indicated since that time a desire for rep- resentation by the Union, we believe that the policies of the Act will best be effectuated by conducting an election on the present petition. We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Sec- tion 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 production and manitenance employees of the Company, excluding clerical employees, shipping clerk, superintendent, general manager, foremen, and any other supervisory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status of employees, or effec- tively recommend such action, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the Act. 'According to a statement introduced into evidence at the hearing , the Union submitted 55 application cards secured after January 11 , 1945. There are approximately 101 employees within the appropriate unit 420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of 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, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Carolina Panel Company, Inc., Lexington, North Carolina, an election by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) clays from the date of this Direction, under the direction and supervision of the Regional Director for the Fifth Region, acting in this matter as agent for the Na- tional 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 em- ployees 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 pools, 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 elec- tion, to determine whether or not they desire to be represented by United Furniture Workers of America, C. I. 0., for the purposes of collective bargaining. -