Penokee Veneer Co.

National Labor Relations Board - Board Decisions

Aug 3, 1943

51 N.L.R.B. 997 (N.L.R.B. 1943)

In the Matter Of PENOKEE VENEER COMPANY, SPLICEDWOOD CORPORATION,
AND THE F. A. MACDONALD CO. and INTERNATIONAL WOODWORSER13
OF AMERICA, C. I. O.
Case No. R-5623.-Decided August 3, 19J3
Mr. O. S. Hoebreckx, of Rhinelander, Wis., for the Companies.
Mr. W. I. Young, of Ironwood, Mich., for the Woodworkers.
Messrs. A. W. Locking and Peter Hoffman, of Marquette, Mich., for
the Carpenters.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by International Woodworkers of
America, C. I. 0., herein called the Woodworkers, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Penokee Veneer Company, The F. A. MacDonald Co.,'
and Splicedwood Corporation, Mellen, Wisconsin, herein collectively
called the Companies, and individually called Penokee, MacDonald,
and Splicedwood, respectively, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Francis X.
Helgesen, Trial Examiner.2 Said hearing was held at Mellen, Wis-.
,consin, on July 2, 1943. The Companies, the Woodworkers, and
United Brotherhood of Carpenters & Joiners of America, A. F. of L.,
herein called the,Carpenters, appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
1 The amended petition and other formal papers are hereby amended to disclose the
correct name of MacDonald.
2 Upon the original petition filed by the Woodworkers alleging that a question affecting
commerce had arisen concerning the employees of Penokee, the Board held a hearing upon
due notice on June 21 , 1943, at Mellen, Wisconsin , before Francis Helgesen,, Trial Ex-
aminer. Penokee , the petitioner, and the intervenor herein appeared and participated.
When the evidence introduced at the hearing clearly indicated that employees of Mac-
Donald and employees of Splicedwood were also directly concerned in the investigation, the .
petitioning union indicated that it would file an amended petition covering employees of
the three companies and the Trial Examiner adjourned the hearing until proper service
should be had on all interested parties.
51 N.L. R B,No.157.
997
998 DECISIONS OF NATIONAL LABOR RBLATIONIS BOAIRD
and to introduce evidence bearing on the issues. At the close of the
hearing, the Companies moved to dismiss this proceeding on several
grounds: ( 1) all three Companies , on the ground that the multiple
employer unit proposed by the Woodworkers was not an appropriate
bargaining unit; ( 2) Penokee and Splicedwood , on the further grounds
that the Woodworkers had not shown sufficient representation among
their respective employees to support the petition filed herein , and that
the petition was otherwise prematurely brought ; and (3 ) MacDonald,
on the ground that MacDonald was not engaged in commerce within
the meaning of the National Labor Relations Act and that therefore
MacDonald was not subject to the jurisdiction of"the ' Board. For
several reasons , which hereinafter appear, the motions are denied.
The Trial Examiner 's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity 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 COMPANIES
Penokee Veneer Company is a corporation engaged in the produc-
tion of single ply veneer , used largely for aircraft purposes . Its plant
is at Mellen, Wisconsin . During 1942 Penokee used 79,528,200 pounds
of raw materials , chiefly wood , of which 90 percent came to its plant
from points outside Wisconsin . During the same period Penokee sold
19 284 ,073 pounds of its products , of which approximately 90 percent
was shipped from the plant to points outside Wisconsin.
The F . A. MacDonald Co. is a corporation principally engaged in
the service of handling logs on the Penokee property at Mellen, Wis-
consin. During the winter of 1942 and 1943 , MacDonald handled 23/4
million feet of logs for Penokee . Penokee pays MacDonald for its
services at a fixed contract rate per thousand feet. These services
include the control and placement of the logs upon their arrival at the
Penokee property , the stacking, moving, and cutting of the logs, and
their placement in the processing vats for further treatment by
Penokee's production employees . The services of MacDonald are sub-
stantially governed by the production flow at Penokee's processing mill
and constitute an essential part of those processing operations . While-
MacDonald 's activity is generally restricted to the Penokee property
and to the vicinity of Mellen, it frequently leases tractor equipment
with drivers to other commercial concerns for road building purposes.
At least one such customer is located outside Wisconsin.
Splicedwood Corporation is a corporation engaged in the manufac-
ture of plies, for panels near Penokee's plant at Mellen, Wisconsin.
PENOKEE VENEER COMPANY 999
Raw materials used by Splicedwood in its manufacture consist of
veneer and glue. Up to the time of the hearing all such veneer was
purchased from Penokee and consisted of "offal," waste pieces of
veneer too small for immediate use by Penokee's customers. Spliced-
wood began its operations in April 1943. At the time of the hearing
its normal monthly output and had yet been established. It had, how-
ever, already-purchased glue valued at approximately $500.00, all of
which had been delivered to its plant from sources outside Wisconsin.
The cost of glue is a small percentage of the cost of the finished plies.
It had manufactured and sold on sample order finished products valued
at approximately $5,000.00. Products valued at $500.00 were sold
within Wisconsin, and the remaining products were sold and shipped
outside the State. -
Penokee, MacDonald, and Splicedwood, which are separate corpo-
rate legal entities, have interlocking offices and directors.3 The officers
of Penokee are M. C. McIver, president; Richard J. Prittie, vice presi-
dent and secretary; J. F. Ritschel, treasurer; and. T. A. Fraedrich,
comptroller. The directors of Penokee are McIver, Prittie, and
Nelson F. Petrie. The officers and directors of MacDonald are
Francis A. MacDonald, president and general manager; Prittie, vice
president and secretary; and Fraedrich, treasurer . The officers and
directors of Splicedwood are John A. McIver, brother of M. C. McIver,
president; Prittie, vice president and secretary ; and Fraedrich, treas-
urer. Francis A. MacDonald, president and general manager of
MacDonald, has a desk in the main office of Penokee's office building.
In the same room is the desk of a clerical employee, whose services are
shared by the two corporations. The two private offices in the build-
ing are occupied by M. C. McIver, president and director of Penokee,
and Fraedrich, comptroller of Penokee and treasurer and director of
MacDonald and Splicedwood. Prittie testified that in his official
capacity as officer and director of all three Companies, he took part in
directing all their work. MacDonald thus is subjected to the coordi-
nated interlocking control of directors and officers of Penokee and
Splicedwood. Penokee, owner of the logs which are the principal
raw product used in its manufacture, pays MacDonald for their essen-
tial handling on the Penokee property and their necessary prelim-
inary preparation for final processing in Penokee's mill. These
services extend from the time when the logs are first received at the
3 Counsel for the Companies instructed directors and officers who testified at tba bearing
to refuse to answer questions concerning the ownership and control of the stock therein.
, Gogebic Timber & Lumber Company , engaged in the logging business at Watersmeet,
Michigan , is a fourth corporation of which M C McIver is president ; Prittie , vice presi-
dent and secretary : Ritschel, treasurer ; and Fraedrich , comptroller. The directors are
McIver, Prittie , and Petue . So far as the record discloses , there is no question concern-
ing the representation of its employees, and none of the parties seeks to include them in the
bargaining unit herein found appropriate.
1000 DECISIONS OF NATIONAL LABOR RE1,ATION'S BOARD
property until the time when they have been deposited in vats for
treatment by employees on Penokee's pay roll. Continuity of opera-
tions by Penokee is thus dependent on the services of MacDonald.
Under these circumstances, we find no merit in the contention of Mac-
Donald that it is not engaged in commerce within the meaning of the
Act.5
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
United Brotherhood of Carpenters & Joiners of America is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 8, 1943, the Woodworkers asked Penokee to recognize the
Woodworkers as sole bargaining representative of Penokee's em-
ployees. By letter dated May 13,1943, Penokee refused such recognition
until the Woodworkers should be certified by the Board. Thereafter,
on June 22,1943, the Woodworkers requested MacDonald and Spliced-
wood each to recognize the Woodworkers as bargaining representative
of its employees. Before replies refusing recognition were received,
the Woodworkers filed the amended petition herein. Up to the time
of the hearing, neither MacDonald nor Splicedwood had accorded the
Woodworkers the recognition sought .6
On June 16, 1941, Penokee and Veneer Workers Union 1011, a local
union chartered by the Carpenters, , entered into a sole bargaining
contract with Penokee covering all employees "in the plants and yards
and in the retail yards" of Penokee. This contract expired on July 1,
1942. While negotiations were in progress for a new contract, em-
ployees at Penokee's plant and yard went on strike. On August 5,
1942, while negotiations for settlement of the strike and conferences
on a new contract were pending, the plant was entirely destroyed by
fire. All employees in the mill and about the yards were laid off. In
about 3 weeks some employees in the yard resumed work. A new
mill, erected on the plant property, opened for processing operations
5 N. L. R. B. v. Fainblatt et al , 306 U S. 601 ; N. L. R. B. Y. Bradford Dyeing Associa-
tion et al., 310 U. S 318
e Counsel for the Companies at the hearing on the amended petition , who represented
Penokee at the hearing on the original petition and described himself as "Industrial Rela-
tions Representative" of Penokee in correspondence with the Woodworkers, contends that
no question concerning representation has arisen affecting employees of MacDonald and
Splicedwood since the amended petition herein was filed prior to their refusal of recogni-
tion We find no merit in this contention. Matter of Lehigh Portland Cement Company,
27 N. L. R. B 1380; Matter of National Weaving Company, 7 N. L R B 916
PENOKEE VENEER COMPANY 1001
on February 6, 1943, with four or five production employees. Old
employees were recalled and new employees were hired as machinery
was installed and production work became available. In May the
Carpenters asked Penokee to resume negotiations for a new contract.
In view of the conflicting claim of the Woodworkers, noted above,
Penokee refused. At the time of the hearing Penokee did not recog-
nize the Carpenters or any other labor organization as bargaining
representative of its employees.
A statement prepared by the Trial Examiner and read into the
record at the hearing indicates that the Woodworkers 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 Companies, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Woodworkers and the Carpenters agree that production, main-
tenance, and service employees of the three Companies constitute -a
single appropriate bargaining unit. The Companies contend that a
single unit for their employees is inappropriate because the Companies
are separate corporate entities not engaged in the same business or
production processes. Penokee further contends that all production
and maintenance employees on its pay roll, excluding clerical and su-
pervisory employees, watchmen, guards, and the club house cook, con-
stitute a separate bargaining unit. Subject to its contention that it is
P The Woodworkers submitted 132 application cards , dated in April , May, June, and July
1943, 69 of which bear apparently genuine signatures of employees on the pay roll of
Penokee ; 16 , of employees on the pay roll of MacDonald ; and 2, of employees on the pay
roll of Splicedwood
The Carpenters submitted 316 application cards which bear dates in 1941. These cards
were not checked against pay rolls of the Companies . The Carpenters also submitted 176
cards , dated in 1942 and 1943, of which 33 bear the apparently genuine signatures of em-
ployees on the pay roll of Penokee ; 3, of employees on the pay roll of MacDonald ; and 2,
of employees on the pay roll of Splicedwood
The pay rolls of July 1, 1943 , were used for checking There were listed on these pay
rolls of Penokee, MacDonald , and Splicedwood 137, 23, and 10 employees , respectively.
There are approximately 208 employees in the appropriate unit.
Penokee and Splicedwood contend that the showing of representation by the Woodworkers
is insufficient to indicate that substantial numbers of their respective employees have indi-
cated a desire for collective bargaining and that the petition should therefore be dismissed.
We find no merit in this contention. Employees of Penokee and Splicedwood constitute
a part of the unit herein found appropriate for bargaining . As we have frequently stated,
further investigation by the Board into the matter of representation is not precluded by
a showing by a petitioning union of less than a majority of employees in an appropriate
bargaining unit. We note , moreover , that the record herein does not reveal that there is
duplication in the cards of employees in the appropriate unit submitted by the rival labor
organizations . The sum of their showings , the whole record in the proceeding , and our
experience in other repiesentation cases clearly indicate that an election is warranted to
determine , in part , the issues raised herein Matter of H. G. Hill Stores , Inc, 39 N. L.
R B 874 , and cases cited therein.
1002 DECISION 'S OF NATIONAL LABOR RELATIONS BOARD
not subject to the Act, as noted in Section I, above , MacDonald contends
that its service employees, excluding supervisory and clerical em-
ployees, constitute a separate bargaining unit. Splicedwood contends
that it has not yet reached a normal production standard and that,
therefore , it is premature at this time to determine a unit appropriate
for its employees . Subject to this contention , it contends that its pro-
duction and maintenance employees , excluding supervisory and clerical
employees , constitute a separate bargaining unit.
Penokee is engaged in the manufacture of single ply veneer. It
performs its operations on a tract of ground containing approximately
71/2 acres at Mellen, Wisconsin. On this tract Penokee receives , stores,
and processes wood, which is its principal raw "material . The plant
proper consists of the main building or mill, a portable sawmill, a
blacksmith shop, a garage, and an office building.
In -1939, Penokee hired Francis A. MacDonald as superintendent of
employees working in and aboiit its yard . These employees unload
the wood, which comes to the plant in logs by rail or by truck, stack it
for storage , haul it as needed to the sawmill , and cut it and place it in
the processing vats for further handling by the mill employees. Fran-
cis A. MacDonald also directed the movements of Penokee 's truck driv-
ers about the yard. In or about March 1940 , Francis A . MacDonald
and M. C. McIver, president of Penokee , entered into a partnership,
doing business under the name of F. A. MacDonald , herein called the
partnership. Thereafter, the partnership supplied to Penokee by
contract the services in and about its yard formerly supplied by "yard"
employees upon Penokee's pay roll. So far as the record discloses,
the creation of the partnership occasioned no change in the working
conditions of such employees , who continued to work under the super-
vision of Francis A . MacDonald.
On June 16, 1941, as noted in Section III, above , Penokee entered
into a contract with Veneer Workers Union 1011. The contract ex-
pressly covered all employees of Penokee " in the plants and yards and
in the retail yards" of Penokee , excluding supervisory employees who
were non-union members. At the time of negotiating this contract,
representatives of the Carpenters were not advised that employees in
Penokee's yard were employees of the partnership and all production
and maintenance employees on Penokee 's pay roll and the yard em-
ployees of the partnership handling Penokee's logs on the Penokee
property were deemed within the operation of the contract .8 ' In April
1942, the partnership became incorporated under the name of The F.
A. MacDonald Co., the employer named in this proceeding , and herein
called MacDonald . So far as the record discloses , this change in the
s The contract was signed by M. C McIver , president of Penokee and partner of Francis
A. MacDonald.
PENOKEE VENEER COMPANY 1003
legal form of their employer made no difference in the working condi-
tions of employees handling logs in and about the yards of Penokee.
In June 1942, when negotiations began for a new contract with
Penokee, M. C. McIver advised the Carpenters that a separate new
contract would have to be drawn with MacDonald covering employees
working in and about Penokee's yard. Francis A. MacDonald upon
request agreed to enter into negotiations with the Carpenters for a
separate contract covering the yard employees after the terms of the
new contract between the Carpenters and Penokee were settled.
While negotiations for the contract between the Carpenters and
Penokee were pending, employees at the plant struck. On August
5, 1942, while the strike was still in progress, the Company's plant
was entirely destroyed by fire. The manufacture of veneer was
stopped. After about 3 weeks, employees of MacDonald were re-
called for yard work, but in lesser numbers than had been formerly
employed.
On or about February 5, 1943, a new plant erected on the Penokee
property was opened for production operations, with 4 or 5 employees.
Additional employees were rehired as machines, one at a time, were
installed in the new mill. At the time of the hearing, Penokee listed
178 production employees on its pay roll.
In April 1943, Splicedwood was incorporated and began its pro-
duction operations at a plant near the Penokee plant. Its sole prod-
uct consists of sheet veneer made of small pieces of veneer, edged'
glued together to form a single larger sheet useful for production
purposes. Veneer and glue are the only raw materials used. The proc-
esses are edging, gluing, and joining the small parts of the completed
product. Splicedwood began its operations on an experimental basis.
In June it began production on a commercial basis and sold products
on sample order. At the time of the hearing Splicedwood employed
10 production employees, 3 or 4 whom were transferred from the
pay roll of Penokee to that of the new corporation.
Employees of MacDonald receive, store, cut, and handle Penokee's
logs and place them in processing vats for the first operation by em-
ployees on Penokee's pay roll. Employees of Penokee soften the logs
by steam, cut them into thin sheets or veneer, and dry and pack them for
shipment. Logs are hauled to the sawmill and cut and rolled into
the vats only as needed for further processing. Otherwise they are
stored as received for future use. Truck drivers on Penokee's pay
roll operate their trucks about the yards of Penokee under the super-
vision of Francis A. MacDonald, who also directs the work of Mac-
Donald's employees. Crates for the shipment of veneer are made by
employees of Penokee in the plant of Splicedwood. Employees of
Splicedwood, utilizing from Penokee's plant pieces of veneer too
0
1004 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
small for usual commercial use, make them into sheets of desirable
sizes for sale. Penokee borrows employees from MacDonald and
Splicedwood for work in its mill according to its needs. Such em-
ployees remain on the pay rolls of their respective employers, but
work for the period under foremen of Penokee in Penokee's plant.
Up to a week before the hearing, employees of Splicedwood were paid
by checks drawn on Penokee's account.
In view of the common interlocking interests of Penokee, MacDon-
ald, and Splicedwood, noted in Section I, above, and the reflection of
those integrated interests in the working conditions of their respec-
tive employees, and do the basis of the entire record in this proceed-
ing, we conclude and find'that Penokee, MacDonald, and Splicedwood
constitute a single employer within the meaning of Section 2 (2) of
the Act. We further find that production, maintenance, and service
employees of Penokee, MacDonald, and Splicedwood, constitute a
single appropriate bargaining unit.o
Penokee and the Carpenters agree than watchmen, guards, and the
cook in the club house should be excluded from the bargaining unit
which includes production and maintenance employees of Penokee.
The Woodworkers would include watchmen within the unit. Watch-
men were included with other employees of Penokee in its former
contract with the Carpenters, which expired on July 1, 1941, to which
reference is made above. At that time, watchmen-did some janitorial
work about the plant. The Company then employed no guards. At
the present time the Company employs seven guards and two watch-
men, who no longer perform work beyond their regular duties as
watchmen. Guards, but not watchmen, wear uniforms and are armed.
Watchmen serve,only on night shifts. Both guards and watchmen
are members of the auxiliary police and are being trained by military
authorities for adequate plant-protection service. Both guards and
watchmen are under the direction of the chief of the guards, the
supervisor of all plant-protection service about the Penokee plant
and property. Prior to the fire of August 1942, watchmen were not
under such supervision. It clearly appears that the status of watch-
men has thus materially changed since the expiration of the former
contract between Penokee and the Carpenters. For this reason, and
for the reasons noted above, we shall exclude watchmen from the
bargaining unit .10
Penokee, MacDonald, and Splicedwood agree, and we find, that cleri-
cal and supervisory employees should be excluded from the bar-
gaining unit.
Cf. Matter of Colonial Press, Inc., 50 N. L R B 823; Matter of Shenango Penn
Mold Company, Shenango Furnace Company, 19 N. L. R. B. 328; Matter of Hardy Metal
Specialties , Inc., 34 N. L. R. B. 491.
10 Of. Matter of U S Electrical Motors, Inc , 45 N. L R B. 298.
c
PENOKEE VENEER COMPANY 1005
• At the time of the hearing, Penokee employed 10 to 12 foremen;
MacDonald, 2 foremen; and Splicedwood, 1 working foreman. Fore-
men have authority to discharge, and working foremen to recommend
discharge, of employees under them. For this reason we shall ex-
clude as supervisory employees foremen and working foremen and
all other supervisory employees of the Companies who have authority
to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees under them or effectively recommend such
action.
We find that all production, maintenance, and service employees of
Penokee, MacDonald, and Splicedwood, excluding clerical and super-
visory employees, guards, watchmen, and the cook in the club house,
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 find that the question affecting commerce which has arisen can
best be resolved by an election by secret ballot.
At the time of the fire in August 1942, Penokee listed 380 production
employees on its pay roll. Penokee began operations at its new plant
on February 5, 1943, at which time it employed 4 or 5 production
employees. As machines were installed and work became available,
old employees were recalled and new employees were hired. At the
time of the hearing Penokee employed )178 production employees.
The modern plant and the modern machinery installed therein make
it unlikely that Penokee will employ at production peak more than
275 employees. At the time of the fire MacDonald employed 45 em-
ployees in and about the Penokee yard. Although all employees of
MacDonald were immediately laid off, some were rehired about 3 weeks
after the fire and continued in employment during the winter of 1942
and 1943 for the unloading and storing of logs for future use by
Penokee. As of July 1, 1943, MacDonald listed 21 employees on its
pay roll. Splicedwood listed 10 production employees on its pay roll
at the time of the hearing. Witnesses 'at the hearing testified that
Penokee anticipated hiring 10 or 15 new employees within 60 days
and would thereafter gradually increase its production staff ; that
MacDonald would increase, and probably eventually double, the num-
ber of its employees as the increased business and employment of
Penokee made more work available in and about the Penokee yard ; and
that Splicedwood would increase , and probably double, the number
of its employees, as new machines became obtainable and should be
installed at its plant. Although it is clear that the Companies do not
presently list on their respective pay rolls the full number of em-
ployees whom they desire to engage when machines and material make
1006 DECISIONS,OiF NATIONAL LABOR RELATIONS BOARD
such employment possible, we see, under present conditions and on
the basis of the record herein, no sufficient assurance of an immediate
and appreciable increase in employment which would justify a delay
in holding an election among employees of the companies.,,
The Carpenters contends that an election should not take place at a
time when the approximately 85 employees of Penokee and MacDonald
who are absent on military service will have no substantial voting
representation. For reasons which we have set forth in other deci-
sions,12 we have found it impractical to extend the voting privilege to
employees absent on military service who do not present themselves in
person at the polls. Employees absent on military service may vote
if they present themselves in person at the polls. Under present con-
ditions we should not be justified in denying the immediate oppor-
tunity of collective bargaining to employees on current, active pay
rolls of the Companies by delaying the election until post-war condi-
tions should be established at their plants and employees absent on
military leave have opportunity to seek employment with the Com-
panies.
The Carpenters has been the bargaining representative of employees
of Penokee and MacDonald in the past and has some present repre-
sentation among employees in the appropriate unit. We shall provide
that the Carpenters and the Woodworkers participate in the election.
The Carpenters requests that the name of its local union appear on the
ballot. We shall grant this request.
Those eligible to vote in'the election shall be all employees of the
Companies in the unit found appropriate in Section IV, above, 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
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining with
Penokee Veneer Company, The .F. A. MacDonald Co., and Spliced-
wood Corporation, Mellen, Wisconsin, an election by secret ballot 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 Eighteenth Region, acting in this matter as
11 Cf Matter of Minneapolis -Honeywell Regulator Company, 51 N L R B 890
See Matter of Wilson ct Co , 37 N L R B. 944.
I
PENOKEE VENEER COMPANY 1007
agent for the National Labor Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations , among the employees of
the Companies 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 tempo-
rarily laid off , and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding employees who have since quit or been discharged for cause,
to determine whether they desire to be represented by International
Woodworkers of America , affiliated with the Congress of Industrial
Organizations , or by Veneer Workers Union 1011 of the United
Brotherhood of Carpenters & Joiners of America, affiliated with the
American Federation of Labor, for the purposes of collective bar-
gaining, or by neither.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.