Jasper Wood Products Co., Inc.

National Labor Relations Board - Board Decisions

Mar 6, 1946

66 N.L.R.B. 333 (N.L.R.B. 1946)

In the Matter Of JASPER WOOD PRODUCTS COMPANY, INC.' and
UNITED FURNITURE WORKERS OF AMERICA, LOCAL #331, CIO
Case No. 11-R-912.-Decided March 6, 1946
Mr. Fae W. Patrick, of Indianapolis, Ind., and Mr. Arthur Nord-
hoff, of Jasper, Ind., for the Company.
Mr. Harold J. Jerger, of Jasper, Ind., and Mr. Frank T. Douthitt,
of Bloomington, Ind., for the Union.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Furniture Workers of Amer-
ica, Local #331, CIO, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Jasper Wood Products Company, Inc., Jasper, Indiana,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before William O.
Murdock, Trial Examiner. The hearing was held at Jasper, Indiana,
on December 11, 1946. The Company and the Union appeared and
participated. 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
Jasper Wood Products Company, Inc., is an Indiana corporation
with a plant, involved in this proceeding, located at Jasper, Indiana.
'Name as amended at the hearing.
66 N. L. B. B., No. 39.
333
334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
It is there engaged in the manufacture of plywood. Annually, the
Company purchases raw materials for use at its Jasper plant valued
in excess of $100,000, more than 50 percent of which is shipped t4,
it from points outside the State of Indiana. The Company annually
sells products manufactured at its Jasper plant valued in excess of
$2,000,000, of which more than 50 percent is shipped tp points outside
the State.
The Company admits that it is engaged in commerce within, the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Furniture Workers of America, Local #331, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its employees
until the Union has been certified by the Board in an appropriate un}t.
A statement of a Board agent, introduced into evidence at 'the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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. THE APPROPRIATE UNIT
The Union seeks a unit comprising all production and maintenance
employees of the Company, including the kiln operator, the firemen,
ahd ,the watchmen, but excluding the boring machine operator, the
quality-control inspector, the sanding machine operator, the nurse,'
office and shop clerical employees, occasional or temporary employees,
retired employees, leadmen, superintendent, foremen, and all other
supervisory employees. The Company would exclude the kiln oper-
ator, but would include the sanding machine operator, the nurse, shop
clerical employees, occasional or temporary employees, retired em-
ployees,3 the boring machine operator, the quality-control inspector,
and leadmen.
9 The Field Examiner reported that the Union submitted approximately 64 "authoriza-
tions" and that they are dated between June and November 15, 1945. There are approxi-
mately 200 employees in the appropriate unit
3 Louis Uebelhor is a retired foreman , whom both the Union and the Company would
exclude from the unit.
JASPER WOOD PRODUCTS COMPANY, INC. 335
Kiln operator, sanding machine operator;5 nurse:6 In a prior
proceeding,' we found that the kiln and sanding machine operators
were not supervisory employees, as alleged by the Union in the pres-
ent proceeding. Their duties and functions appear to be the same
at the present time. For reasons stated in that case, we shall include
them in the appropriate unit. And we shall exclude the nurse in
accordance with the views expressed in our previous decision, inas-
much as her work remains the same.
Shop clerical employees: There are two shop clerical employees.
The shop clerical employee in the glue rooms spends approximately
three-fourths of her time at her desk on the factory floor. She is
responsible to the foreman of the glue room. She keeps records of
the glue room and of the material running through the tapless splicer
to insure maintenance of production in the plant. She is paid on the
same basis as the other production workers. When not otherwise
engaged she directly assists production by operating certain machines.
The shop clerical employee in the shipping department9 assists the
shipping clerk in making out invoices. One-third of her time is
occupied in clerical work of this character. The balance of her time
is occupied in regular work in the shipping room, such as inspecting
and packing. She is paid on the same basis as the other workers in
the shipping department. Since it is evident that the shop clerical
employees have duties and interests which are similar to those of the
production employees, we shall include them in the unit.
Occasional or temporary employees: There are approximately 10
occasional employees. All of them at the present time are in school.
During the war apparently they were regularly employed during the
summer vacation and occasionally on Saturdays and after school
hours during the fall and winter months. With 1 or 2 exceptions,
however, the Company has not had occasion to use these employees
during the reconversion period for the reason that conditions have
been such that it could not properly balance production in the vari-
ous departments. Although permanent help is frequently recruited
from this group when they graduate from high school, the transient
nature of their present employment is such that they have no sub-
stantial interest in the working conditions in the shop. Accordingly,
we shall exclude them from the unit 10
Retired employees : There are four or five employees in this group,
apart from the retired foreman 11 There is evidence in the record
4 Gilbert Hurst.
0 Edgar Dittmer.
c Mary Schuler.
7 See Matter of Jasper Wood Products Co., Inc., 56 N. L. R. B. 1742.
Lucile Steinhart.
Luella Hoffman.
10 See Matter of The Post Printing and Publishing Co., et at ., 59 N. L. It. B. 1115.
u Louis Uebelhor is the retired foreman . See footnote 3, supra.
336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the Company occasionally uses one of the retired employees.
There is no showing that it has used the other retired employees
since their retirement. Inasmuch as it is evident that these employees
have no substantial interest in the working conditions in the shop,
we shall exclude the retired employees from the unit.
Boring machine operator:12 The record indicates that this em-
ployee operates the boring machine, router, and other saws. He also
operates the splicer. This is regular production work. Because his
duties have allegedly changed recently and he does not punch a time
clock, the Union contends that he is a supervisory employee. He
has'no employees under his supervision, and no authority to hire
and discharge employees, or effectively to recommend such action.
Under all the circumstances, we shall include the boring machine
operator in the unit.
Quality-control inspector:13 This employee receives instructions
from the manager or the manager's assistants as to the nature of
customers' specifications. He then regulates the type of material and
quality of product at each stage of the production process in order
that the finished product will not be rejected when it reaches the
shipping department. He works in all departments of the plant in
close proximity with the production workers and is hourly paid.
Although the Union claims he is a supervisory employee, he has no
power of direction or control over other employees, nor has he author-
ity to hire, discipline, or discharge, or effectively to recommend such
action. We have frequently included employees of this type in the
unit on the ground that they have interests in common with the pro-
duction and maintenance employees. We shall, accordingly, include
the quality-control inspector in the unit.14
Leadmen: In the Company's employ there are 5 or 6 foremen and
approximately 5 leadmen. The leadmen bring in and maintain mate-
rial essential to the various operations to avoid slackening of produc-
tion. They instruct the employees in their group with respect to
their work. A leadman directs the work of from 5 to 35 production
workers under the supervision of the foremen. Instances cited by
employees testifying at the hearing indicate that at least 2 leadmen
appear to exercise authority to recommend effectively transfer or
other disciplinary action. Moreover, at the time of the hearing there
were approximately 215 employees in the plant, ' and under these
circumstances, we believe that the 5 or 6 foremen must necessarily
rely upon the recommendations of all the leadmen as to the discipline,
12 Fidelis Marks.
1$ George Marks.
See Matter of Scott and Williams, Incorporated, 58 N. L. R. B. 249 ; Matter of
Servel, Inc ., 58 N. L. R. B. 5 ; Matter of Westinghouse Electric c6 Manufacturing Com-
pany, 45 N. L. R. B. 826. ,
JASPER WOOD PRODUCTS COMPANY, INC. 337
discharge, and status of subordinate employees. Accordingly, we find
that the leadmen are supervisory employees within the meaning of
our customary definition and, therefore, we shall exclude them from
the appropriate unit.15
We find that all production and maintenance employees at the
Company's Jasper, Indiana, plant, including the firemen, watchmen,
the kiln operator, the sanding machine operator, the boring machine
operator, the quality-control inspector, and shop clerical employees,
but excluding office clerical employees, the nurse, occasional Or tem-
porary employees, retired employees, the superintendent, formen,
leadmen, 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 mean-
ing of Section 9 (b) of the Act.
V. THE DETER31INATION OF REPRESENTATIVES
Although the Union stated at the hearing that it desired the Board
to designate the Company's pay roll immediately. preceding the date
of the hearing as the proper pay roll for determining the eligibility
of employees to vote, no persuasive reasons appear to warrant such
a departure from our customary practice.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 Wood
Products Company, 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 super-
vision of the Regional Director for the Eleventh Region, acting in
this matter as agent for the National Labor Relations Board, and
i6See Matter of Edison General Electric Appliance Co., Inc, 63 N. L. R. B. 968.
686572-46-23
338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among 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 those employees 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 United Furniture Workers of America,
Local #331, CIO, for the purposes of collective bargaining.
MR. GERARD D. REiLLY took no part in the consideration of the
above Decision and Direction of Election.