Jasper Veneer Mills

National Labor Relations Board - Board Decisions

Feb 22, 1945

60 N.L.R.B. 845 (N.L.R.B. 1945)

In the Matter Of JASPER VENEER MILLS and UNITED FURNITURE
WORKERS OF AMERICA, LOCAL 331, C. I. O.'
Case No. 11-R-749.Decided February 02, 1945
Mr. Fay Patrick, of Indianapolis, Ind., and Mr. Arthur C. Nordhoff,
of Jasper, Ind., -for the Company.
Mr. Harold J. Jerger, of Jasper, Ind., and llr. Frank Douthitt, of
Bloomington, 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 Furniture Workers of America,
Local 331, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Jasper Veneer Mills, Jasper, Indiana, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Willi^.m O. Murdock, Trial
Examiner. Said hearing was held at Jasper, Indiana, on February 2,
1945. The Company 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
1. THE BUSINESS OF THE CO_lM1=A1Y
Jasper Veneer Mills is an Indiana corporation operating three
plants at Jasper, Indiana, where it is engaged in the manufacture of
wood products. The Company purchases raw materials valued in ex-
cess of $50,000 annually, about 25 percent of which is shipped to it
60 N. L. R. B., No 141
845
846 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from points outside the State of Indiana. During the same period the
Company produces products' valued in excess of $250,000, about 12
percent of which is shipped to points outside the State of Indiana.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America, Local 331, is a labor organ-
ization affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive 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 substan-
tial number of employees in the unit hereinafter found to be appro-
priate.1
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. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
of the Company, excluding the truck drivers, office and clerical
employees, foremen, and other supervisory employees, constitute an
appropriate unit. The only controversy with respect to the unit con-
cerns three truck drivers. The Union would exclude them from the
unit, while the Company would include them.
The Company employs three truck drivers who are engaged in
transporting logs from various timber tracts to the Company's mill.
They are paid on an hourly basis and are under the supervision of the
mill foremen. During inclement weather the truck drivers work in
the mill alongside the remaining employees. No other labor organiza-
tion has ever claimed to represent the truck drivers. We shall include
them in the unit.
We find that all production and maintenance employees of the Com-
pany, including truck drivers, but excluding office and clerical
employees, foremen, and all supervisory employees with authority to
I The Field Examiner reported that the Union presented 37 authorization cards. There
are approximately 50 persons in the appropriate unit
JASPER VENEER MILLS 847
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 of
Election herein, subject to the limitations and additions set forth in,
the Direction.
The record indicates that the Company employs five "temporary
employees." These persons are draft -deferred farmers who work in
the mill from autumn until spring of each year . It appears that they
are paid at the same rate and are employed under the same working
conditions as the other employees , and return to the plant each autumn.
We find that such employees are eligible to vote in the election.
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 Re-
lations 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 Jasper Veneer
Mills , Jasper, Indiana, an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30) clays from the date
of this Direction , under the direction and supervision of the Regional
Director for the Eleventh Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, 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 s 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 deter-
mine whether or not they desire to be represented by United Furniture
Workers of America, Local 331, C. I. 0., for the purposes of collective
bargaining.