C. G. Mayrose Planing Mill

National Labor Relations Board - Board Decisions

May 2, 1950

89 N.L.R.B. 959 (N.L.R.B. 1950)

In the Matter . of C. G. MAYROSE , AN INDIVIDUAL , D/B/A C. G. MAYROSE
PLANING MILL , EMPLOYER and LOCAL 133, UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF ADIERICA , AFL,•PETITIONER
Case No. 35-RC-317.-Decided May 2,1950
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, a hearing was held before William
Naimark, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Styles].
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. The labor organizations involved claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion. of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner and the Employer agree that a unit of produc-
tion and maintenance employees at the Employer's planing mill at
Terre Haute, Indiana., including painters, but excluding office' and
clerical employees, the salesman, the truck driver,' and supervisors, is
appropriate. Local 197, International Brotherhood of Painters,
Paperhangers & Decorators, AFL, the Intervenor herein, contends
that painters. should be excluded from the over-all unit, and seeks to
represent the painters in a separate unit.
Since January 1949,'the Employer has recognized the Petitioner as
the exclusive collective bargaining agent of the Employer's production
1 The National Lumber Company, 82 NLRB 565; Oettinger Lumber Company, 81 NLRB
632.
2 Otherwise known as the insulation man.
89 NLRB No. 122.
.959
960 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD
employees. The parties agree that there is a current contract between
the Employer and the Petitioner, covering the Employer's production
employees, dated January 4, 1950, and expiring January 4, 1951.8
For about 3 years, the Employer recognized the Intervenor as the
exclusive bargaining agent of the Employer's painters. The parties
agree that there is no current contract between the Employer and the
Intervenor, covering the Employer's painters.
. Although there were no painters employed on the date of the hear-
ing in this proceeding, the Employer expected to hire painters in
March 1950. The Board has traditionally considered painters to
'constitute a craft group.' As stated above, the Employer and the
Intervenor bargained for the Employer's painters in a separate unit
for about 3 years. We are therefore of the opinion that the painters
may constitute a separate appropriate unit. These employees may
also form part of the over-all unit. We shall make no final unit
determination at this time, but shall first ascertain the desires of these
employees as expressed in the separate election hereinafter directed.
If a majority vote for the Intervenor, they will be taken to have
indicated their desire to constitute a separate appropriate unit.
We shall direct separate elections by secret ballot among the em-
ployees at the Employer's planing mill who were employed during the
payroll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth in
the Direction, in each of the following voting groups :
Group 1. All production and maintenance employees, excluding
painters, office and clerical employees, the salesman, the truck driver,
and the working foreman,' and other supervisors; and
Group 2. All painters, excluding supervisors.
DIRECTION OF ELECTIONS 6
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, separate elec-
tions by secret ballot shall be conducted as early as possible, but not
later than 30 clays from the date of this Direction, under the direction
and supervision of the Regional Director for the Region in which
this case was heard, and subject to Sections 203.61 and 203.62 of
National Labor Relations Board Rules and Regulations, among the
employees in the voting groups described in paragraph numbered 4,
3 This contract was not urged as a bar.
a Harrison Sheet Steel Company , 72 NLRB 432 ; B. F. Goodrich Company ( Copolymer
Plant), 59 NLRB 1477.
5 The working foreman recommends the hire , discharge , and promotion of employees
under him.
6 Any participant in the elections directed herein may . upon its prompt request to, and
approval thereof by, the Regional Director , have its name removed from the ballot.
C. G. MAYROSE' PLANING MILL 961
above, who were employed during the payroll period immediately
preceding the date of this Direction of Elections, including employees
who did not work during the said payroll period because they were
ill or. on vacation or temporarily laid off, but excluding those em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the elections, and also
excluding employees on strike who are not entitled to reinstatement, to
determine :
(a) Whether or not the employees in Voting Group 1 desire to be
represented by Local 133, United Brotherhood of Carpenters and
Joiners of America, AFL, for the purposes of collective bargaining;
and
(b) Whether the employees in Voting Group 2 desire to be repre-
sented by Local 133, United Brotherhood of Carpenters and Joiners
of America, AFL, or by Local 197, International Brotherhood of
Painters, Paperhangers & Decorators, AFL, for the purposes of col-
lective bargaining, or by neither.