McKnight Veneers, Inc.

National Labor Relations Board - Board Decisions

May 19, 1944

56 N.L.R.B. 678 (N.L.R.B. 1944)

In 'the Matter of MCKNIGHT VENEERS, INC." and INTERNATIONAL WOOD-
WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL'
ORGANIZATIONS ,
Case No. 15-R-1096.-Decided May. 19, 19414
31r. J. G. Burke, of Helena, Ark., for the Company.
Mr. George Allison, of DeQueen, Ark., and Mr. Robert Hill, of West
Helena, Ark., for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by` International Woodworkers of Amer-
ica, affiliated with the Congress of Industrial Organizations, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of McKnight Ve-
neers, Inc., Helena, Arkansas, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before John H. Eadie, Trial Examiner. Said hearing was held
at Helena, Arkansas, on April 18, 1944. • The. Company and the Union
appeared and participated. All parties were afforded full opportunity
to be heard, to examine and cross-ekainine 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 an 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
The Company, an Arkansas corporation, is engaged in'West Helena,
Arkansas, in the manufacture of'veneer for boxes. The Company uses
raw materials consisting' primarily of logs valued at about $125,000,
1 The Company 's name is shown as corrected by stipulation at the hearing.
56 N. L. R. B., No. 132. '
678
McKNIGHT, VENEERS, INC. 6179
of which about $10,000 in value come from sources outside the State
of Arkansas. Of the Company's finished products, about 95 percent
is shipped to points outside the State of Arkansas.
The Company admits that it is engaged in commerce within the
meaning of the National-Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
International Woodworkers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization 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 the Company's em-
ployees until the Union has been certified by the Board in an appro-
priate unit.
A statement of a Board agent, introduced into evidence at the hear-'
ing, - indicates that the Union represents a substantial number of
'employees in the unit hereinafter found appropriate .2
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
We find, in substantial agreement with the position of the parties,
that all production and maintenance employees of the Company, in-
cluding the watchman, but excluding clerical employees and all super-
visory 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 pur-
poses 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 ariseii be -resolved by an election by secret ballot among the em-
ployees,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.
2 The Field Examiner reported that the Union submitted 67 authorization cards, 36 of
which boi e the names of persons appearing on the Company's pay roll, which contained the
names of 105 employees in the appropriate unit.
680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
- DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with McKnight Veneers,
Inc., Helena, Arkansas, 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 Fifteenth 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 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 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 International Woodworkers of
America, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining.