John F. McLeod Veneer Co.

In the Matter of JOHN F. MCLEOD AND EVA T. MCLEOD, COPARTNERS, D/B/A JOHN F. MCLEOD VENEER COMPANY and UNITED FURNITURE WORKERS OF AMERICA, C. I. O. Case No. 5-R-1897.-,Decided June 18, 1945 Mr. Don A. Walser, of Lexington . N. C., and Mr. H. P. Taylor, of Wadesboro, N. C, for the Cc .,pany. 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 amended petition duly filed by United Furniture Workers of America. C I. 0., herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of the employees of John F. McLeod and Eva T. McLeod, copartners, d/b/a John F. McLeod Veneer Company, Wadesboro, North Carolina, herein called the Company, the National Labor Relations Board provided for an appropri- ate hearing upon due notice before George L. Weasler. Trial Examin- er. Said hearing was held at Wadesboro, North Carolina, on .Allay 18, 1945. The Company and the Union appeared, participated, and were af- forded full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing on the issues. The Trial Exam- iner'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 1. THE BUSINESS OF THE COMPANY John F. McLeod and Eva T. McLeod, copartners, d/b/a John F. 62 N. L. R. B., No. 74. 540 - JOHN F. MCLEOD VENEER COMPANY 541 McLeod Veneer Company are engaged at Wadesboro, North Carolina, in the manufacture of veneer boxes. During the 12-month period ending March 1, 1945, the Company purchased raw materials valued at about $300,000, approximately 63 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 31 percent of which was shipped to points outside the State of North Caro- lina. The Company admits that it is engaged in commerce within the mean- ing 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 During March 1945 the Union requested the Company to recognize it as the exclusive collective bargaining representative of the Company's employees. The Company refused this request until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union urges that all production and maintenance employees of the Company, including the lathe operator, but excluding executives, clerical employees, superintendent, foremen, and the lumber checker, constitute an appropriate unit. The only controversy with respect to the unit concerns the lathe operator and the lumber checker. The Company employs one person classified as a lumber checker. The Company requests that he be included in the unit, while the Union desires that he'be excluded. The lumber checker works in the lumber yard checking lumber and tallying lumber blocks. He reports directly to one of the copartners. Inasmuch as it appears that the duties of the lumber checker are purely clerical in nature, we shall exclude him from the unit. The Company employs one person classified as a lathe operator. The 1 The Field Examiner reported that the Union presented 71 membership and autho,ization cards. There are approximately 84 employees in the appropriate unit. 542 DECISIONS Ole NATIONAL, I,AItOtt RELATIONS BOARD Union would include him in the unit, while the Company would exclude him. Although the lathe operator is paid on an hourly rate and spends a majority of his time operating a lathe, he has the authority to discharge other employees. Accordingly, we shall exclude him from the unit. We find that all production and maintenance employees of the Com- pany, including watchmen, but excluding clerical employees, lumber check- er, superintendent, foremen, lathe operator, and any other supervisory em- ployees 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 bargain- ing, 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 election by secret ballot among 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. 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 John F. McLeod and Eva T. McLeod, copartners, d/b/a John F. McLeod Veneer Company, Wadesboro, 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 supervision of the Regional Di- rector 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 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 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 United Furniture Workers of America, C. I. 0., for the purposes of col- lective bargaining.