Hoosier Fence Co., Inc.

HOOSIER FENCE CO., INC. 51 Hoosier Fence Co., -Inc. and United Steelworkers of America, Petitioner. Case No. 35-RC-1197. January 1t, 1956 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Bruce Gillis, Jr., 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 this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act 2 2. The labor organization named below claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees at the Employer's Indi- anapolis, Indiana, fence plant, including the combination shipping and receiving clerk and tool crib attendant,3 but excluding office clerical employees, guards, professional employees, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] 1 The name of the Employer appears as amended at the hearing. 2 During the year ending December 31, 1954, the Employer purchased materials valued at less than $500,000, of which approximately $250,000, represented shipments from out- side the State During the same period , the Employer's out-of-State sales amounted to $28,752 , and its sales within the State to customers engaged in interstate commerce amounted to $1 56,259. The materials sold to each of these customers , consisting pri- marily of industrial fence , chain link fence, wire partitions , and parking guard rai's, were installed upon the premises as permanent fixtures As the Employer's sales Ito cus- tomers within the State of Indiana , each of whom annually ships goods valued in excess of $50 000 to points outside the State , were in excess of the $100,000 minimum, recently set forth in Whippany Motor Co, Inc., 115 NLRB 52, we find, contrary to the conten- tion of the Employer, that it is engaged in commence within the meaning of the Act, and that it will effectuate the policies of the Act to assert jurisdiction herein 3 The shipping and receiving clerk, who also acts as tool crib attendant for production and maintenance employees, works in a wire enclosure in the center of the production area, He is hourly paid, enjoys the same benefits as other employees , and works under the same supervision . As his interests are similar to those of production and mainte- nance employees, we shall include hum in the unit , K IV B Manssfacturuig Company, 10a NLRB 1305, 1307. 115 NLRB No. 13.