C. M. Wall & Son, Inc.

In the Matter of C. M. WALL & SON, INC. and UNITED FuRNITuRE WORKERS OF AMERICA, LOCAL 260 (CIO) Case No. R-3396.-Decided January 16, 194 Jurisdiction : crates, crating material, and hogshead manufacturing industry. Investigation and Certification' of Representatives : existence of question ; re- fusal to accord union recognition until certified by the Board; eligibility to be determined by agreed pay roll; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, exclusive of all supervisory and clerical employees ; agreement as to. Brooks, McLendon, and Holderness, by Mr. Norman Block, of Greensboro, N. C.; for the Company. Mr. D. H. Woodall, of High Point, N. C., and Mr. E. L. Sandefur, of Winston-Salem, N. C., for the Union. Mr. Milton A. Kallis, of counsel to the Board. DECISION AND . DIRECTION OF ELECTION STATEMENT OF THE CASE On November 17, 1941, United Furniture Workers of America, Local 260, affiliated with the Congress of Industrial Organizations, herein called the Union, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of C. M. Wall & Son, Inc., Lexington, North Carolina, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On De- cember 1, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regu- lations-Series 2, as amended, ordered an investigation and author- ized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 38 N. L R B, No. 65. 304 C. M. WALL & SON, INC. 305 On December 11, 1941, the Regional Director issued' a notice, of hearing, copies of-which were duly served upon the Company and the Union." Pursuant to notice, a hearing was held on December 18, 1941, at Thomasville, North Carolina, before Earle K. Sbawe, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. Upon the entire record in the case, the Board makes the following : FINDINGS, OF FACT 1. THE BUSINESS OF THE COMPANY In the manufacture ' of crates, crating material, and tobacco hogs heads. It has its principal office in Lexington, North Carolina, and its plant' in Thomasville, North Carolina. During 1940 it used raw materials valued at $270,423.94. Five percent of the raw materials were obtained from points outside the State of North Carolina. The total value of the finished products for 1940 was $497,052.82, approxi- mately 70 percent of which were shipped to states other than the State of North Carolina. The Company admits that it is engaged in commerce within the meaning of the Act. H. THE ORGANIZATION INVOLVED United Furniture Workers of America, Local 260, is a labor organ- ization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION' CONCERNING REPRESENTATION On or about November 25, 1941, the Union requested the Company to recognize it as the exclusive representative of the production and maintenance employees: The Company refuses to bargain with the Union unless and until it has been certified by the Board. A statement of the Regional Director, introduced at the hearing, shows that the Union represents a substantial number of employees in the appropriate unit.2 ' "Upholsterers International Union of North America, affiliated with the 'A, F. of L, was also served with notice of the hearing . but it did not appear • The statement of the Regional Director shows that the Union submitted 114 applica-, tion cards for membership , that 99 signatures thereon appear to be genuine original signa- tures, and that 92 thereof are the names of persons who are on the Company 's pay roll of November 19 , 1941. These cards are all dated 1941 : 87 in September , 15 in October, and 12 In November. The Company has approximately 180 employees. 438861-42-N ol. 38-21 306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations Iof the Company described in Section I above, has a close, intimate and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the Union agree, and we find, that all produc- tion and maintenance employees at the Thomasville plant, exclusive of all supervisory and clerical employees, constitute a unit appro- priate for the purposes of collective bargaining. We further find that such unit will insure to employees of the Company the full benefit of their right to self-organization and collective bargaining, and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolied by an election by secret ballot. The Company and the Union agree that eligibility should be de- termined by the pay roll for the period ending November 19, 1941. We shall direct that the employees of, the Company eligible to vote in the election shall be those within the appropriate unit who were employed during the pay-roll period ending November 19, 1941, subject to the limitations and additions set -forth in the Direction. Upon the basis of the foregoing findings of fact and the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of C. M. Wall & Son, Inc., Lexington, North Carolina, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees at the Thomasville plant, exclusive of all supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining. C. M. WALL & SON, INC. 307 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 Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended , it is hereby DIRECTED, that as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with C. M. Wall & Son, Inc., Lexington , North 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 Fifth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees at the Thomasville plant employed during the pay-roll period ending November 19, 1941, including the employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tempo- rarily laid off, but excluding supervisory and clerical employees and employees, who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Furniture Workers of America, Local 260 , affiliated with the Con- gress of Industrial Organizations , for the purposes of collective bargaining.