Hill Brothers Veneer Co.

National Labor Relations Board - Board Decisions

Jul 10, 1943

51 N.L.R.B. 200 (N.L.R.B. 1943)

In the Matter of HILL BROTHERS VENEER COMPANY and UNITED VENEER
& LUMBER WORKERS, LOCAL INDUSTRIAL UNION, C. I. O.
Case No. R 5595.Decided July 10,190
Mr. Wilbur F. Pell and Mr. Ralph Adams , of Shelbyville , Indiana,
for the Company.
Mr. Howard L. McNamara , of Indianapolis , Ind. 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 Veneer & Lumber Workers,
Local Industrial Union, C. I. 0., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Hill Brothers Veneer Company, Edinburgh,
Indiana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
William I. Shooer, Trial Examiner. Said hearing was held at Edin-
burgh, Indiana, on June 25, 1943. The Company and the Union
appeared at and participated in the hearing, and all parties 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
1. THE BUSINESS OF THE COMPANY
Hill Brothers Veneer Company is a partnership with its principal
place of business at Edinburgh, Indiana, where it is engaged in the
,manufacture of veneer. During the first 3 months of 1943, the Com-
pany purchased raw materials from points outside the State of Indiana
51 N. L. R B., No 45
200
HILL BROTHERS VEIIEER COMPANY 201
valued in excess of $6,000. During the same period the Company
shipped finished products to points outside the State of Indiana
valued in excess of $40,000.
II. THE ORGANIZATION INVOLVED
United Veneer & Lumber Workers, Local Industrial Union, is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 17, 1943, the Union requested recognition as the exclusive
collective bargaining representative of the Company's employees.
The Company refused this request.
A statement of a Field Examiner of the Board, introduced into evi-
dencQ at the hearing, indicates that the Union represents a substantial
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
of the Company at its Edinburgh, Indiana, plant, excluding all super-
visory employees, clerical employees, salesmen, truck drivers, .and em-
ployees directly connected with management, constitute an appro-
priate unit. The Company took no position with respect to the unit.
Evidence introduced at the hearing indicates that the employees
claimed by the Union constitute a well-defined homogeneous group.
We find that all production and maintenance employees of the
Company at its Edinburgh, Indiana, plant, excluding all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, clerical employees, salesmen, and truck drivers,
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
i The Field Examiner reported that the Union presented 21 membership application
cards bearing apparently genuine signatures of persons w hose names appear on the Com-
pany's pay roll for the period ending June 3, 1943 . There are approximately 47 employees
in the appropriate unit.
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
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 2, as amended, it is hereby
DI u cTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hill Brothers
Veneer Company, Edinburgh, Indiana, 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 Ninth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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, to determine whether
or not they desire to be represented by the United Veneer & Lumber
Workers, Local Industrial Union, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.