Planters Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Nov 2, 1939

17 N.L.R.B. 145 (N.L.R.B. 1939)

In the Matter of PLANTERS MANUFACTURING COMPANY, INC. and
UNITED VENEER BOX AND BARREL; WORKERS UNION, C. I. O.
In the Matter of PLANTERS MANUFACTURING COMPANY, INC. and
UNITED VENEER BOX AND BARREL WORKERS UNION, C. I. O.
Cases Nos. C- 6'7 and R-448, respectively
AMENDED DIRECTION OF ELECTION
November ^?, 1939
. On December 20, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision, Order and Direction of Election
in the above-entitled, proceedings, the election so directed to be, held
within thirty (30) days therefrom under the direction and supervision
of the Regional Director for the Fifth Region (Baltimore, Mary-
land). On January 20, 1939, upon request of the Regional Director
that the holding of said election be postponed pending compliance by
the respondent with said Order, the Board issued its Amendment to
Direction of Election amending the Direction of Election by striking
therefrom the words "within thirty (30) days from the date of this
Direction" and substituting therefor the words "at such time as the
Board may in the future direct."
On July 26, 1939, the United States Circuit Court of Appeals for
the Fourth Circuit, entered a decree enforcing said Order of the
I3oard.1 Thereafter, the Regional Director reported to the Board
that the respondent had proceeded with its compliance with said
'Order and, on October 24, 1939, recommended that the Board direct
the conduct of the election directed in said Direction of Election. In
connection therewith, the labor organization involved, Local Indus-
trial Union No. 485, C. I. 0., the respondent, and the Regional Di-
rector acting in this behalf for the Board agreed that the employees
eligible to vote in the election shall be those whose names appear on
any pay roll in the months of July, August, or September, 1939, the
agreement of the respondent being subject to its "protest against any
IMatter of Planters Manufacturing Company , Inc. and United Veneer Box and Barrel
-Workers Union, C. I. 0., 10 N. L. R. B. 735, enf'd , N. L. R. B. v. Planters Manufacturing
Company, Inc., 105 F. (2d) 750 (C. C. A. 4th), petition for rehearing denied August 29,
1939.
17 N. L. R. B., No. 6.
145
146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
election at all." The Board has considered this protest and finds it
to be without merit.
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, 49 Stat. 449, and pursuant to Article III, Section S, of
National Labor Relations Board Rules and Regulations-Series 2,.
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Planters Manufacturing Company, Inc., Portsmouth, Virginia,
an election by secret ballot shall be conducted as early as possible but
not later than thirty (30) days from the date of this Amended Direc-
tion of Election, under the direction and supervision of the Regional
Director for the Fifth Region, acting in this matter as agent for the•
National Labor Relations Board and subject to Article III, Section
9, of said Rules and Regulations, among the employees of Planters
Manufacturing Company, Inc., employed in any pay-roll period in
either the month of July, August, or September, 1939, excluding
supervisory and clerical employees and those who have since quit or
been discharged for cause to determine whether or not such employees
desire to be represented by Local Industrial Union No. 485, C. I. 0.,
for the purposes of collective bargaining.