Hill Brothers Veneer Co.

In the Matter of HILL BROTHERS VENEER COMPANY and UNITED VENEER & LUMBER WORKERS, LOCAL INDUSTRIAL UNION, C. I. O. Case No. R 5595.Decided July 10,190 Mr. Wilbur F. Pell and Mr. Ralph Adams , of Shelbyville , Indiana, for the Company. Mr. Howard L. McNamara, of Indianapolis , 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 Veneer & Lumber Workers, Local Industrial Union, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Hill Brothers Veneer Company, Edinburgh, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William I. Shooer, Trial Examiner. Said hearing was held at Edin- burgh, Indiana, on June 25, 1943. The Company and the Union appeared at and participated in the hearing, and all parties 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 Hill Brothers Veneer Company is a partnership with its principal place of business at Edinburgh, Indiana, where it is engaged in the ,manufacture of veneer. During the first 3 months of 1943, the Com- pany purchased raw materials from points outside the State of Indiana 51 N. L. R B., No 45 200 HILL BROTHERS VEIIEER COMPANY 201 valued in excess of $6,000. During the same period the Company shipped finished products to points outside the State of Indiana valued in excess of $40,000. II. THE ORGANIZATION INVOLVED United Veneer & Lumber Workers, Local Industrial Union, is a labor organization affiliated with the Congress of Industrial Organi- zations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 17, 1943, the Union requested recognition as the exclusive collective bargaining representative of the Company's employees. The Company refused this request. A statement of a Field Examiner of the Board, introduced into evi- dencQ 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 Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNIT The Union urges that all production and maintenance employees of the Company at its Edinburgh, Indiana, plant, excluding all super- visory employees, clerical employees, salesmen, truck drivers, .and em- ployees directly connected with management, constitute an appro- priate unit. The Company took no position with respect to the unit. Evidence introduced at the hearing indicates that the employees claimed by the Union constitute a well-defined homogeneous group. We find that all production and maintenance employees of the Company at its Edinburgh, Indiana, plant, excluding all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action, clerical employees, salesmen, and truck drivers, 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 i The Field Examiner reported that the Union presented 21 membership application cards bearing apparently genuine signatures of persons w hose names appear on the Com- pany's pay roll for the period ending June 3, 1943 . There are approximately 47 employees in the appropriate unit. 202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 2, as amended, it is hereby DI u cTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Hill Brothers Veneer Company, Edinburgh, 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 Director for Ninth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were em- ployed 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 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, to determine whether or not they desire to be represented by the United Veneer & Lumber Workers, Local Industrial Union, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.