The J & J Veneer Co.

National Labor Relations Board - Board Decisions

Mar 24, 1948

76 N.L.R.B. 947 (N.L.R.B. 1948)

In the Matter of J & J VENEER COMPANY, EMPLOYER and 'INTERNA-
TIONAL WOODWORKERS OF AMERICA , CIO, PETITIONER
Case No. 10-R-2800.-Decided March 24, 1948
Mr. Jesse G. Bowles, of Cuthbert , Ga., for the Employer.
Mr. J. R. Cochran and Mr. E. L. Luter , of Columbus , Ga., for the
Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Cuthbert,
Georgia, on January 20 , 1948, before John C. McRee, hearing officer?
The hearing officer's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed 2 The Employer's motion to
dismiss on various grounds is denied .3
Upon the entire record in the case , the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The J & J Veneer Company, a Georgia corporation , is engaged
in the manufacture , production , and sale of veneer and lumber, with
its principal office and place of business at Cuthbert , Georgia, and a
branch lathe operation at Edison , Georgia. During the fiscal year
ending April 30, 1947 , the Employer purchased logs, valued in excess
of $25,000, all of which were purchased within the State of Georgia.
During the same period the Employer's sales of lumber and veneer
1 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
National Labor Relations Board has delegated its powers in connection with this case to a
three-man panel consisting of the undersigned Board Members [ Houston, Reynolds, and
Gray].
2 The petition and all formal papers were amended at the hearing to show the correct
name of the Employer.
3 The Employer moved to dismiss the petition , upon the ground that there was no proof
that the Petitioner was in compliance with Section 9 (f), (g), and ( h) of the Act. Inas-
much as it appears that the Petitioner is now in full compliance with the aforesaid section,
we find no merit in the motion of the Employer.
76 N. L . R. B, No. 132.
781902-48-vol 76-61 947
948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were valued in excess of $100,000, of which approximately 75 percent
was sold and shipped to points outside the State of Georgia.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accordance with the agreement of the
parties at the hearing, that all production and maintenance employees
of the Employer at Cuthbert and Edison, Georgia, including truck
drivers, woods crews, and employees working on portable lathes, and
permanent employees transferred temporarily to construction work,
but excluding clerical and office employees, temporarily hired con-
struction employees, guards, watchmen, professional employees and
supervisors as defined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with J & J Veneer Company, Cuth-
bert, Georgia, 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 Direc-
tor for the Tenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.61 and
203.62, of National Labor Relations Board Rules and Regulations-
Series 5, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
J & J VENEER COMPANY 949
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, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and excluding employees on
strike who are not entitled to reinstatement, to determine whether or
not they desire to be represented by International Woodworkers of
America, CIO, for the purposes of collective bargaining.