Hardwood Products, Inc.

National Labor Relations Board - Board Decisions

Mar 22, 1945

60 N.L.R.B. 1407 (N.L.R.B. 1945)

In the Matter of HARDWOOD PRODUCTS, INCORPORATED and UNITED
CONSTRUCTION WORKERS , AFFILIATED WITH UNITED MINE WORKERS OF
AMERICA
Case No. 5-R-1800.-Decided March 22, 194.5
Dlr. George Richardson , Jr., of Bluefield , W. Va., and Mr. W. F.
Cook, of Princeton , W. Va., for the Company.
Mr. Luke Brett, of Beckley, W. Va., Mr. T. H. Price, of Pocahontas,
Va., and Mr. Alva Stewart, of Bluefield, W. Va., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Construction Workers, affiliated
with United Mine Workers of America, herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the rep-
resentation of employees of Hardwood Products, Incorporated, St.
Clairs Crossing, Virginia, herein called the Company, the. National
Labor Relations Board provided for an appropriate hearing upon
due notice before James D. Shalloo, Trial Examiner. Said hearing
was held at Bluefield, West Virginia, on March 2, 1945. The Com-
pany and the Union appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial' error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hardwood Products, Incorporated, is a Virginia corporation with
its principal place of business at St. Clairs Crossing, Virginia, where it
is engaged principally in the manufacture of-tent stakes for the United
60 N. L. R. B., No. 246.
1407
1408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
States Army.. During 1944 the Company purchased materials valued
in excess of $10;000, about 25 percent of which was shipped to it from
points outside the Commonwealth of Virginia. During the same
period the Company manufactured products valued in excess of
.$20,000, about 25 percent of which was shipped to points outside the
.Commonw,ealth of Virginia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TI-1E ORGANIZATION INVOLVED
United Construction Workers, affiliated with United Mine Work-
. ers of America, is a- labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
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.
IV. TILE APPROPRIATE UNIT
- We find, in substantial-agreement with a stipulation of the parties,
that all production and maintenance employees, of the Company,
including watchmen and truck drivers, but excluding employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for 'the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by -means of 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
1 The Field Examiner reported that the Union submitted 82 authorization cards
There
are approximately 88 employees in the appropriate unit.
HARDWOOD PRODUCTS, INCORPORATED 1409
of Election 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 Relations
Act, and pursuant to' Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hardwood Prod-
ucts, Incorporated, St. Clairs Crossing, Virginia, an election by secret
ballot shall be conducted as early as possible, but not later than sixty
(60) 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 Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate 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, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any 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 repre-
sented by United Construction Workers affiliated with United Mine
Workers of America, for the purposes of collective bargaining.
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