Carolina Box & Lumber Co., Inc.

National Labor Relations Board - Board Decisions

Aug 15, 1944

57 N.L.R.B. 1355 (N.L.R.B. 1944)

In the Matter of CARCLINA Box & LUMBER Co., INC. and LUMBER
HANDLERS & MILL WORKERS, LOCAL UNION 1653, U. B. C. J. A.,
A. F. L. -,
Case No. 2-R-4S94.-Decided z1 gust'1J, 19414 .
Mr. Lionel Golub, of New York City, for the Company.
Mr. Edmund J. Gatti, of Brooklyn , N. Y., for the A. F. L.
Mr. Herbert C. Kanne, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Lumber Handlers & Mill Workers,
Local Union 1653, U. B. C. J. A., A. F. L., herein called the A. F. L.,
alleging that 'a question affecting commerce had arisen concerning the
representation of employees of Carolina Box & Lumber Co, Inc.,
New York City, herein called the Company, the National Labor
;Relations Board provided for an appropriate hearing upon due notice
before Richard J. Hickey, Trial-Examiner. Said hearing was held
at New York City on July 11, 1944. The Company and the A. F. L.
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and' cross-examine witnesses, and to
introduce evidence bearing on the Issues. The Trial Examiner's rul-
ings made at the, hearing are free from prejudicial error and. are
hereby affirmed. All parties, were afforded an 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
The Carolina Box & Lumber Co., Inc., a New, York corporation
located at' New 'York City, is engaged in the' nmanufacture, sale and
distribution of wooden boxes and crates. During the period from
"July 1, 1943, to June 30, 1944, the Company purchased raw materials
57 N. L. R B , No. 207
1355
1356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
valued at approximately $100,000, of which 90 percent came to the
Company's New York plant from places outside the State of New
York. During the same period the Company shipped from its New
York plant finished products valued in excess of $100,000, all of which
were consigned to purchasers within the State of New York who are
directly engaged in war activity. ° -
^V,e find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE OEGANIZATION INVOLVED
Lumber Handlers & Mill Workers, Local' 1653, U. B. _ C. J. A.,
affiliated with the American Federation of Labor, is a labor organi-
zation admitting to membership -employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the A. F. L. as
the exclusive' bargaining representative of 'certain of its employees
until the A. F. L. has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the A.,F. L. represents a substantial number of
employees in the unit hereinafter found 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 Act.
IN'. THE APPROPRIATE UNIT
The A. F. L. claims, and the Company agrees, that the appropriate
unit should consist of "all production employees, including chauffeurs
and excluding janitors, watchmen, office and clerical employees, and
supervisors with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees or effectively rec-
ommend' such action." The A. F. L. further desires to exclude
Abraham Levine. Laurence Arena, and Harry Hochstein as being
employed in a supervisory capacity. The Company would include
all three _of these employees in the appropriate unit. The evidence
shows that Levine and Arena, although employees having a long
period of service, are paid at the usual hourly rate and perform only
I The Field Examiner repotted that the A F L submitted 9 application cards. all of
which bole apparently genuine original signatures, that the names of 6 persons appearing
on the cards wei e listed on the Company s pay roll which contained the names of 16 employees
in tie appropriate unit; and that the cards we.e dated as follows: May 1944-5; June
1944-2 ; Undated-2.
CAROLINA.BOX &-LUMBER-CO., INC. 1357-
ordinary production duties. It was the uncontradicted testimony
of Samuel Hochstein, who is in direct charge of operations, that
these men have no supervisory -authority. We shall include Levine
and Arena in the unit hereinafter found to'be appropriate.
- With respect to Harry Hochstein, the record discloses that he is
the-, son of,, the secretary-treasurer.' - He, is paid on,, a weekly basis
and receives a higher rate of pay than those doing the salve type of
work who are paid on an hourly basis. We find that Hochstein has
interests sufficiently distinguishable from those of the other employ-
ees to warrant his exclusion from the unit; we shall exclude him.'
We find that all production employees, including chauffeurs, but
excluding janitors, watchmen, office and clerical employees, and' all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action,' constittite a unit ap-
propriate for the purposes of collective bargaining within the means
ing of Section 9 (b) of the Act.
v. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which,
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the pay-
roll period` immediately preceding, the date of, the Direction of Elee-
Lion 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 Rel,ltioli,
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3,,as amended, it, is hereb„v
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Carolina Box &
Lun-&r Co., Inc., New York City, 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 Second Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the em-
ployees in the unit found appropriate in Section IV, above, who were
- The secretary - treasurer _ and-the president are the sole stockholders in the Company.
3 See•hlatter of Loins " Weinberg Association , Inc, 13 N. L R B 66
4 Levine and Arena are among those , included in, and Harry Hochstein among those
excluded from , the above -described unit.
1358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during the
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the, armed forces,of the
United States who present themselves in person at the' polls, but ex-
cluding those employees who have since quit, or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not' they desire to be represented
by Lumber Handlers & Mill Workers, Local Union 1653, U. B. C. J. A.,
affiliated, with the American Federation of Labor, for the purposes
of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.