Jasper Wood Products Co., Inc.

National Labor Relations Board - Board Decisions

Jun 28, 1944

56 N.L.R.B. 1742 (N.L.R.B. 1944)

In the Matter Of JASPER WOOD 'PRODUCTS CO., INC. and UNITED FuRNI-
TD'RE WORKERS OF AMERICA, LOCAL 331, C. I. O.
Case No 14- -95k5.Decided June, 28, 1944
Mr: Fae W. Patrick, of Indianapolis, Ind., and Mr. Arthur C. Nord-
hoff, of Jasper, Ind.,' for the Company.
Mr.; Harold J. Jerger, of Jasper, Ind., and Mr. Warren Lee, of
Ferdinand,' 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 Wood Products Co., Inc., Jasper, Indiana, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Helen F. Humphrey,
Trial Examiner. - Said hearing was held at Jasper, Indiana, on June-,
2, 1944. 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
I. THE BUSINESS OF THE COMPANY
Jasper Wood Products Co., Inc., is an Indiana corporation operat-
ing a'plant at Jasper, Indiana, where it'is engaged in the manufacture
of plywood panels. During 1943 the Company purchased materials
for use at its Jasper plant valued in excess of $2,000;000, approximately
56 N. L. R B, No. 310
1742
JASPER WOOD PRODUCTS CO., INC. 1743
50 percent of which was shipped to it from points outside the State
of Indiana: 'During the same period the, Company manufactured
products at its Jasper plant valued in excess of $3,000,000, about 90
percent of which was shipped- to points outside the State of, Indiana.
The Company admits that it 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 organi-
zation affiliated•`vith 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 representatives of the employees of its Jasper plant
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'ap-
propriate.l , - . I .
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 Re-
lations Act. ,
IV. THE APPROPRIATE' UNIT
The Union urges that all production and maintenance employees at
the Jasper plant of the Company, excluding office and clerical 'em-
ployees; foremen; guards,' and the nurse; constitute an" appropriate
unit. The only controversy' with respect' to the 'unit concerns the
nurse and two named individuals.
The Union urges that the nurse be' excluded from the unit; while
the' Company requests that she be included: Although the nurse has
not had professional training, she has had many years' experience
' The Field Examiner reported that the Union presented 84 membership application cards
bearing names of persons who appear on a pay roll of the Company . There are approxi-
mately ` 217 employees in'the appropriate unit. '
At the hearing counsel for , the Company objected to the Board's reliance on the Field
Examiner 's statement. As we have stated before , "Authorization or membership cards are
required; not as proof of the precise number of employees who desire to be represented
by a labor organization, 'or as a basis for determining the appropriate representative, but
simply to provide a reasonable safeguard against the indiscriminate institution of,repre-
sentation proceedings by labor organizations which might have little or no membership in
a unit claimed to be appropriate ." See Matter of Budd Wheel Company; 52 N. L. R. B.
666. This safeguard is adequately provided by a statement of a Field Examiner as intro-
duced in the instant proceeding.
1744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as a'practical nurse and spends her entire time performing duties in-
cident to the nursing profession. It is apparent that the problems
arising in the course of the nurse's, work are dissimilar to those of pro-
duction and maintenance employees. Accordingly, we shall exclude
her from the unit.
Edgar Dittmer operates sanding machines and Gilbert Hurst op-
erates kilns. The Union would include them in the unit, while the
Company contends that they should be excluded from the unit on the
ground that they exercise supervisory functions. Dittner, in the
course of operating sanding machines, explains to other persons h_ow,
particular jobs should be handled. • Hurst fires boilers himself, ex-
cept on infrequent occasions when he might have an assistant. They
both work under the same working conditions and supervision as the
other employees and are merely the older and more skilled employees
in their groups. It appears that neither of them has any authority
to recommend the hire, discharge, or discipline of any other employees.
In view of the foregoing, we are of the opinion that Dittner and Hurst
do not exercise duties sufficiently supervisory in character so as to
warrant their exclusion from the unit. We shall include them.
We find that all production and maintenance employees at the Jas-
per plant of the Company,2 excluding office and clerical employees,
guards, the nurse, foremen, and any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively, recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining, 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.
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, it is hereby
DIREOrEn that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Jasper Wood
2 Dittmer and Hurst are deemed included in the unit.
JASPER WOOD PRODUCTS CO., INC. 1745
Products Co., Inc., Jasper, 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 the Fourteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticle 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 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 United Furniture Workers of
America, Local 331, C. I. 0., for the purposes of collective bargaining.