Clarkton Gramwood Products Co., Inc.

National Labor Relations Board - Board Decisions

Mar 31, 1948

76 N.L.R.B. 1044 (N.L.R.B. 1948)

In the Matter of CLARKTON GRAMWOOD PRODUCTS COMPANY, INC.,
EMPLOYER and INTERNATIONAL WOODWORKERS OF AMERICA, C. I. 0.,
PETITIONER
Case No. 51V-R-92.-Decided March 31, 1948
Mr. H. H . Clark, of Elizabethtown , N. C., for the. Employer.
Mr. Raymond J. Schnell, of Wilmington , N. C., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Wil-
mington, North Carolina, on December 2, 1947, before Joseph Lepie,
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 Act, the Board
has delegated its powers in connection with this case to a three-man
panel consisting of the undersigned Board Members.*
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. TI-E BUSINESS OF THE EMPLOYER
Clarkton Gramwood Products Company, Inc., an Indiana corpora-
tion, is engaged in the manufacture of rotary veneers at Clarkton,
North Carolina. During the past 12 months, the Employer purchased
materials valued in excess of $38,000, all of which were received from
points within the State of North Carolina. During the same period,
the Employer produced finished products valued at approximately
$97,000, all of which were shipped to points outside the State of North
Carolina.
* Chairman Herzog and Members Murdock and Gray.
76 N L. It. B, No. 151.
1044
CLARKTON GRAMWOOD PRODUCTS COMPANY, INC. 1045
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
IF. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization, affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. TILE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner and the Employer agree that the appropriate unit
should consist of all production and maintenance employees, includ-
ing firemen 1 and truck driver, but excluding office and clerical em-
ployees, watchmen, superintendents, foremen, and all other supervisors
as defined in the Act.
They disagree, however, as to eight temporary construction em-
ployees, whom the Petitioner seeks to include but whom the Employer
would exclude from the unit. At the time of the hearing herein the
Employer employed approximately eight employees to construct two
new buildings as additions to its plant facilities. The record discloses
that construction of these buildings was expected to be completed
within a period of 10 to 15 days after the hearing, at which time the
employment of those engaged for the purpose of this construction
would be terminated.2 In the light of these circumstances, we shall
exclude the temporary construction workers.
' Of thiee firemen employed by the Employer , two are engaged for a small portion of
their time , amounting to a total of approximately 20 minutes per day for each employee,
in making rounds as watchmen The remainder of their time is spent in tending the plant s
boilers . The regularly designated watchman , excluded from the unit by agreement of the
Employer and Petitioner, devotes the major portion of his time to watchman 's duties As
the firemen are primarily production workers, devoting only an insubstantial portion of
their time to watchmen s duties , we find that they are not guards as defined in the Act and
shall include them, but shall exclude the full -time watchman , in accordance with the agree-
ment of the parties See Matter of Steelweld Equipment Company, Inc , 76 N. L. Ii It.
831, and Matter of Radio Corporation of America , 76 N. L. It. B. 826.
2The Employer also has assigned some of its regular production employees to assist m
this construction work The parties agree that these employees are to be included in
the unit.
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARI
We find that all production and maintenance employees at the Em-
ployer's Clarkton, North Carolina, plant, including firemen and truck
driver, but excluding office and clerical employees, watchmen, tem-
porary construction employees, superintendents, foremen, and all
other supervisors as defined in the Act, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
We shall direct that the question concerning representation which
exists be resolved by means of an election by secret ballot, subject to
the limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Clarkton Gramwood Products
Company, Inc., Clarkton, 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 super-
vision of the Regional Director for the Fifth Region, and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, among the employees in the unit found ap-
propriate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including
employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, but excluding 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, and also
excluding employees on strike who are not entitled to reinstatement, to
determine whether or not they desire to be represented by International
Woodworkers of America, C. I. 0., for the purposes of collective
bargaining.