Hayworth Roll & Panel Co.

National Labor Relations Board - Board Decisions

Nov 15, 1944

59 N.L.R.B. 289 (N.L.R.B. 1944)

In the Matter of HAYWORTH ROLL & PANEL COMPANY and VENEER &
PANEL WORKERS LOCAL UNION No. 2566, UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA , A. F. OF L.
Case No. 5-R1680.Decided, November 15, 1944
Mr. Kenneth M. Brim, of Greensboro, N. C., and Mr. A. Bruce
Conrad, of High Point, N. C., for the Company.
Messrs. W. C. Sprinkle, Carl R. Barnes, and Albert W. Cox, of High
Point, N. C., 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 Veneer & Panel Workers Local Union
No. 2566, United Brotherhood of Carpenters and Joiners of America,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Hayworth Roll & Panel Company, High Point, North Carolina, herein
called the Compaiiy, the National Labor Relations Board provided for
an appropriate hearing upon due notice before George L. Weasler,
Trial Examiner. Said hearing was held. at High Point,,North Caro-
lina, on October 25, 1944. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine 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
Hayworth Roll & Panel Company is a partnership with its principal
place of business at High Point, North Carolina, where it is engaged
59 N. L. R. B., No. 60.
289
290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the manufacture of plywood panel. During • the year preceding-
the date of the hearing the Company purchased raw materials valued
in excess of $200,000, about 50 percent of which was shipped to it from
points outside the State of North Carolina. During the same period
the Company produced goods valued at about $400,000, approximately
10 percent of which was shipped to points outside the State of North
Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Veneer & Panel Workers Local Union No. 2566, United Brotherhood
of Carpenters and Joiners of America, is a labor organization affiliated
with the American Federation of Labor, admitting to membership em-
ployees 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 evi-
--donee at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate .1
We find that a question affecting commerce has arisen concerning the
representation of the Company, within the meaning of Section 9-(c)
and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all produc-
tion and maintenance employees of the Company, including watchmen,"
firemen, and truck drivers, but excluding clerical employees, the super-
intendent-foreman, and all other supervisory 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 el•.^ction by secret ballot among
i The Field Examiner reported that the Union presented 36 membership application
cards. There are approximately 41 employees in the appropriate unit.
8 The watchmen are neither armed, uniformed, nor militarized.
6
HAYWORTH ROLL & PANEL COMPANY 291
the employees in the appropriate unit who were employed during the
.pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in the
Direction.
The Company contends that the 11 women presently employed by it
should be deemed ineligible to vote because they will not remain in its
employ' when the regular employees who are now in the armed forces
of the United States are reemployed. The record indicates that the
Company intends to employ female employees for the duration of the
present war and there is some likelihood that some of them will be lee-
tained thereafter. We conclude that the female employees are eligible
to vote. '
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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DmEOTEn that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hayworth Roll &
Panel Company, High Point, 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, 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 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 personat 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 represented by Veneer & Panel Workers
Local Union No. 2566, United Brotherhood of Carpenters and Joiners
of America, A. F. of L., for the purposes of collective bargaining.
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