The Stilley Plywood Co., Inc.

In the Matter of THE STILLEY PLYWOOD Co., INC..' EMPLOYER and IN- TERNATIONAL BROTHERHOOD OF PULP, SULPHIDE AND PAPER MILL. WORKERS, A. F. L., PETITIONER Case No. 10-R-0805.-Decided Ma),ch 1, 19/1 Mr. John B. McCutcheon , of Conway, S. C., for the Employer. Mr. Milton M. Bever, of Bloomington , Md., for the Petitioner.- DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Con- way, South Carolina, on November 24, 1947, before A. C. Joy, hear- ing officer. The hearing officer's rulings made at the hearmg are free- from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-mane panel consisting of the undersigned Board Members.* Upon the entire record in the case, the National Labor Relations- Board makes the following : FIN DINGS OF FACT I. THE BUSINESS OF TIIE EMPLOYER The Stilley Plywood Co., Inc., a South Carolina corporation, is engaged in the manufacture of plywood at Conway, South Carolina. During the 12 months preceding the hearing, the Employer pur- chased materials valued in excess of $500,000, approximately 50 per- cent of which was received from points outside the State of South Carolina. During the same period, the Employer produced articles valued in excess of $1,000,000, approximately 90 percent of which was shipped to points outside the State of South Carolina.' i Subsequent to the healing, the pan ties entered into a stipulation to coirect certain errors in the transci ipt and foinial papers, which is herebi- accepted and made a part of the record liei ern The name of the Eniployei appeals above as corrected by this stipulation 'Chairman Herzog and Members Muidock and Gras 76 N. L. R B, No. 67. 456 THE STILLEY PLYWOOD CO., INC. 457 The Employer admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED The Petitioner is a labor organization, affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION 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 exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, substantially in accord with the agreement of the parties, that all production and maintenance employees in the Employer's plant and woodland operations, excluding office and clerical workers, sales- people, technical employees, superintendents, and all other supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaluing within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation be resolved by means of an election by'secret ballot, subject to the limita- tions and additions set forth in the Direction. The Employer contends that temporary or probationary 2 employees should not be eligible to vote in the election. The record discloses that the Company designates new employees hired for particular tasks as "temporary" employees until they have worked for a period varying from 2 weeks to 30 days. As these employees normally become regu- lar employees after a short period of time, we find that they have substantial interests in common with the regular employees in the unit, and we shall permit them to vote in the election hereinafter directed.3 2 The Employer used the teams "probationary " and "temporary " interchangeably The testimony reveals that the Employer has no "teinpoiary" employees in the accepted sense of the word 3 Matter of Sears, Roebuck md Co, 65 N L R B 751. Matter of Douglas Aircraft Com- pany, Inc., 60 N. L. R. B. 876. 458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with The Stilley Plywood Co ., Inc., Conway, South 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 Director for the Tenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations- Series 5, ainong 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 the said pay-roll period because they were ill or on vacation or temporarily laid off, 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 , and also excluding em- ployees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented by International Brother- hood of Pulp, Sulphite and Paper Mill Workers, A. F. L., for the purposes-of collective bargaining.