Sumter Veneer Co.

National Labor Relations Board - Board Decisions

Oct 31, 1944

58 N.L.R.B. 1620 (N.L.R.B. 1944)

In the Matter Of SUMTER VENEER COMPANY and UNITED FURNITURE
WORKERS OF AMERICA, C. I. O.
Case No. 10-R-1294.-Decided October 31,19444
Mr. T. H. Price, of Sumter, S. C., for the Company.
Mr. Bernard Hiatt, of Martinsville, Va., and Mr. J. F. Slemmer, of
Sumter, S. C., 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,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Sumter Veneer Company, Sumter, South Carolina, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Melton Boyd, Trial Examiner.
Said hearing was held at Sumter, South Carolina, on October 4, 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
1. THE BUSINESS OF THE COMPANY
Sumter Veneer Company is a South Carolina corporation operating
a plant at Sumter, South Carolina, where it is engaged in the manu-
facture of plywood panels. The Company purchases materials valued
at about $100,000 annually, approximately 25 percent of which is
58 N. L. R. B., No. 289.
1620
SUMTER VENEER COMPANY 1621
shipped to it from points outside the State of South Carolina. During
the same period the Company manufactures products valued in excess
of $3G0,000, over'75 percent of which is shipped to points outside the
State of South Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Furniture Workers of America 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 refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees 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
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 National Labor Rela-
tions Act.
IV. THE APPROPRIATE UNIT
The Union urges that all employees of the Company, including
watchmen, but excluding supervisory and clerical employees, con-
stitute an appropriate unit. The only controversy with respect to the
unit concerns watchmen.
The Company employs two watchmen, neither of whom is armed,
uniformed, nor militarized. They perform duties normally performed
by watchmen rather than specialized plant-protection duties. We shall
include the watchmen in the unit.
We find that all employees of the Company, including watchmen,
but excluding clerical employees and all 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 meaning of Section 9 (b) of the Act.
I The Field Examiner reported that the Union presented 50 membership application
cards. There are approximately 100 employees in the appropriate unit.
1622 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Laour
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sumter Veneer
Company, Sumter, South Carolina, 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 Tenth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article 1115
Sections 10 and 11, of said Rules and Regulations, among the em-
ployees 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 deter-
mine whether or not they desire to be represented by United Furniture
Workers of America, C. I. 0., for the purposes of collective bargaining.