072 NLRB 1
Jasper Veneer Mills
In the Matter Of JASPER V ENEER MILLS, EMPLOYER a?? d FURNITURE
AND VENEER WORKERS, LOCAL 331, UPHOLSTERERS' INTERNATIONAL
UNION, AFL and UNITED FURNITURE WORKERS or AMERICA, LOCAL
311, CIO, PETITIONER
Case No. 11-RE-S.-Decided January 10, 194.7
dlr. Fae TV. Patrick , of Indianapolis , Ind., and Mr. Arthur C. Nor-
do#, of Jasper, Ind., for the Employer.
Mr. Robert D. Malarney , of Indianapolis , Ind., for the AFL.
Mr. Oliver A. Switzer, of South Bend, Ind. , for the CIO.
Mr. Jack J. Mantel, of counsel to the Board.
o
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed by the Employer, hearing in this case
was held at Jasper, Indiana, on December 4, 1946, before Clifford L.
Hardy, hearing officer.
The hearing officer'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
I
Jasper Veneer Mills is an Indiana corporation having its principal
place of bu§mess in Jasper, Indiana, where it is engaged in the manu-
facture of wood products and veneer.
Annually, the Employer pur-
chases raw materials, consisting principally of logs, valued in excess
of $50,000, of which approximately 25 percent is shipped to its plant
from points outside the State of Indiana.
During the same period
the Employer's finished products are valued in excess of $250,000,
of which approximately 12 percent is sold and shipped to points out-
side the State.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
72N L R. B, No 1.
1
2
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Furniture and Veneer Workers, Local 331, Upholsterers' Interna-
tional Union herein called the AFL, is a labor organization affiliated
with the American Federation of Labor, claiming to represent em
ployees of the Employer.
United Furniture Workers of America, Local 331, herein called
the CIO, is a labor organization affiliated with the Congress of Indus-
trial Organizations, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the AFL or the CIO as the
exclusive bargaining representative of employees of the Employer
until the AFL or the CIO has been certified by the Board in an appro-
priate 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
We find, in substantial accord with the agreement of the parties,
that all production and maintenance employees of the Employer, ex-
cluding clerical and office employees, foremen, and all other. super-
visory 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 pur-
poses of collective 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 Jasper Veneer Mills, Jasper,
Indiana, 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 Direc-
tor for the Eleventh Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately 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
JASPER VENEER MILLS
3
polls, but excluding those employees who have since quit or been dis-
-charged for cause and have not been rehired or reinstated prior to
the date of the election , to determine whether they desire to be rep-
resented by Furniture and Veneer Workers, Local 331, Upholsterers'
International Union, AFL , or by United Furniture Workers of Amer-
ica, Local 331, CIO , for the purposes of collective bargaining, or by
neither.