Veneer Products Co.

In the Matter of DONALD R. RICE AND ALLIE E . SALLS D/B/A VENEER PRODUCTS COMPANY, EMPLOYER and UNITED FURNITURE WORKERS OF AMERICA, CIO, PETITIONER Case No.1-R--318!.-Decided August 30, 1946 Mr. Ed niwnd J. Blake, of Boston, Mass., for the Employer. Mr. Francis O'Connor, of Boston, Mass., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon an amended petition duly filed, hearing in this case was held at Rutland, Vermont, on August 1, 1946, before Samuel G. Zack, Trial Examiner. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Donald R. Rice and Allie E. Sails, a co-partnership doing business as Veneer Products Company, is engaged at Fairhaven, Vermont, in the manufacture of wood veneers for furniture, automobile trailers and building materials. The Employer purchases monthly raw materials, consisting principally of lumber and logs, valued at approximately $25,000, of which approximately 90 percent is obtained from points outside the State of Vermont. The Employer produces approxi- mately one million feet of veneer per month valued in excess of $25,000, of which approximately 90 percent is sold at points located outside the State of Vermont. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 70 N. L. R. B., No. 81. 1036 VENEER PRODUCTS COMPANY III. THE QUESTION CONCERNING REPRESENTATION 1037 The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT Substantially in accordance with the agreement of the parties at the hearing, we find that all production and maintenance employees of the -Employer, excluding office and clerical employees, timber cruisers estimators, executives, 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 col- lective bargaining within the meaning of Section 9 (b) of the Act: DIRECTION OF ELECTION As part of, the investigation to ascertain representatives for the purposes of collective bargaining with Donald R. Rice and Allie E. Sails, d/b/a Veneer Products Company, of Fairhaven, Vermont, 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 Director for the First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of National Labor Relations Board Rules and Regulations-Series 3, as amended, among the employees in the unit found appropriate in Sec- tion IV, above, who were employed during the pay-roll period im- mediately 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 United Furniture Workers of America, CIO, for the purposes of collective bargaining. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Election.