Planters Manufacturing Co., Inc.

In the Matter of PLANTERS MANUFACTURING COMPANY, INC. and UNITED VENEER BOX AND BARREL; WORKERS UNION, C. I. O. In the Matter of PLANTERS MANUFACTURING COMPANY, INC. and UNITED VENEER BOX AND BARREL WORKERS UNION, C. I. O. Cases Nos. C- 6'7 and R-448, respectively AMENDED DIRECTION OF ELECTION November ^?, 1939 . On December 20, 1938, the National Labor Relations Board, herein called the Board, issued a Decision, Order and Direction of Election in the above-entitled, proceedings, the election so directed to be, held within thirty (30) days therefrom under the direction and supervision of the Regional Director for the Fifth Region (Baltimore, Mary- land). On January 20, 1939, upon request of the Regional Director that the holding of said election be postponed pending compliance by the respondent with said Order, the Board issued its Amendment to Direction of Election amending the Direction of Election by striking therefrom the words "within thirty (30) days from the date of this Direction" and substituting therefor the words "at such time as the Board may in the future direct." On July 26, 1939, the United States Circuit Court of Appeals for the Fourth Circuit, entered a decree enforcing said Order of the I3oard.1 Thereafter, the Regional Director reported to the Board that the respondent had proceeded with its compliance with said 'Order and, on October 24, 1939, recommended that the Board direct the conduct of the election directed in said Direction of Election. In connection therewith, the labor organization involved, Local Indus- trial Union No. 485, C. I. 0., the respondent, and the Regional Di- rector acting in this behalf for the Board agreed that the employees eligible to vote in the election shall be those whose names appear on any pay roll in the months of July, August, or September, 1939, the agreement of the respondent being subject to its "protest against any IMatter of Planters Manufacturing Company , Inc. and United Veneer Box and Barrel -Workers Union, C. I. 0., 10 N. L. R. B. 735, enf'd , N. L. R. B. v. Planters Manufacturing Company, Inc., 105 F. (2d) 750 (C. C. A. 4th), petition for rehearing denied August 29, 1939. 17 N. L. R. B., No. 6. 145 146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD election at all." The Board has considered this protest and finds it to be without merit. By virtue of, and pursuant to, the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section S, of National Labor Relations Board Rules and Regulations-Series 2,. it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Planters Manufacturing Company, Inc., Portsmouth, Virginia, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Amended Direc- tion of Election, under the direction and supervision of the Regional Director for the Fifth Region, acting in this matter as agent for the• National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the employees of Planters Manufacturing Company, Inc., employed in any pay-roll period in either the month of July, August, or September, 1939, excluding supervisory and clerical employees and those who have since quit or been discharged for cause to determine whether or not such employees desire to be represented by Local Industrial Union No. 485, C. I. 0., for the purposes of collective bargaining.