Smith Cabinet Manufacturing Co.

In the Matter of BLANCHE F. SMITH, CHESTER M. SMITH, LEE A. SMITH, FORD A. SMITH, MARTHA B. BRANAMAN, AND MRS. W. E. SHANKS, D/B/A SMITH CABINET MANUFACTURING COMPANY and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA. A. F. OF L. Case No. 11-R-815.-Decided June 27, 1945 Mr. Fae Patrick, of Indianapolis, Ind., for the Company. Messrs. Oliver Zackett and C. C. Shuey, of Monticello, Ind., 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 Brotherhood of Carpenters and Join- ers of America, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Blanche F. Smith, Chester M. Smith, Lee A. Smith, Ford A. Smith, Martha B. Branaman, and Mrs. W. E. Shanks, d/b/a Smith Cabinet Man- ufacturing Company, Salem, Indiana, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before William O. Murdock, Trial Examiner. Said hearing was held at Salem, Indiana, on June 8, 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. 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 1. THE BUSINESS OF THE COMPANY Smith Cabinet Manufacturing Company is a partnership with its plant at Salem, Indiana, where it is engaged in the manufacture of wood cabinets 62NI RB.No123. 970 SMITH CABINET MANUFACTURING COMPANY 971 The Company annually purchases raw materials valued at about $100,000, over 50 percent of which is shipped to it from points outside the State of Indiana. Approximately 40 percent of the Company's finished products is shipped to points outside the State of Indiana. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. 11 THE ORGANIZATION INVOLVED United Brotherhood of Carpenters and Joiners of America is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 4, 1945, the Union requested recognition of the Company as exclusive collective bargaining representative of its employees. The Com- pany 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 We find, in substantial agreement with the parties, that all production and maintenance employees of the Company at its Salem, Indiana, plant, excluding office and clerical employees, foremen, and any other supervisory employees with authority to hire, promote, discharge, discipline, or other- wise effect changes m 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 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 'The Field Examiner reported that the Union presented 63 authorization cards There are approximately 212 employees in the appropriate unit. 972 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Blanche F. Smith, Chester M. Smith, Lee E. Smith, Ford A. Smith, Martha B. Branaman, and Mrs. W. E. Shanks, d/b/a Smith Cabinet Manufacturing Company, Salem, Indiana, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) clays from the date of this Direction, tinder the direction and supervision of the Regional Director for the Eleventh 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 tem- porarily 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 Brotherhood of Carpenters and Joiners of America, A. F. of L., for the purpose of collective bargaining. Ci-IAIRMAN MILLIS took no part in the consideration of the above Deci- sion and Direction of Election.