The Pierce-Williams Co.

National Labor Relations Board - Board Decisions

Mar 30, 1948

76 N.L.R.B. 1002 (N.L.R.B. 1948)

In the Matter of TIE PIERCE-WILLIAMS COMPANY, EMPLOYER and
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,
AFL, PETITIONER
Case No.15M-R-9'7.Decided March 307 1948
Adams and Willemin, by Mr. J. M. Willemin, of Jonesboro, Ark., for
the Employer.
Mr. Charles F. Mendenhall, of Little Rock, Ark., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Jonesboro,
Arkansas, on December 16, 1947, before C. Paul Barker, hearing offi-
cer.' The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.'
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Pierce-Williams Company is a Michigan corporation operating
a plant at Jonesboro, Arkansas, where it is engaged in the manufacture
of wooden fruit and vegetable containers. It annually sells and de-
livers to States other than the State of Arkansas products valued in
excess of $100,000.
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 American
Federation of Labor, claiming to represent employees of the Employer.
' Puisuant 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]
The petition and other formal papers were amended at the hearing to show the correct
name of the Employer
76 N. L R. B., No. 144.
1002
THE PIERCE-WILLIAMS COMPANY
III. THE QUESTION CONCERNING REPRESENTATION
1003 ,
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.
Employees of the Employer, who are the subject of this petition,
were represented by International Woodworkers of America, C. I. 0.,
herein called the Woodworkers, until July 1, 1947. On this date the
Woodworkers withdrew its claim to represent these employees and
advised the Regional Director to this effect.
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.
1V. THE APPROPRIATE UNIT
The parties agree generally that the appropriate unit should include
all production and maintenance employees at the Employer's Jones-
boro, Arkansas, plant, excluding office and clerical employees, field
employees, watchmen, and supervisors. The parties are in disagree-
ment, however, as to the following categories of employees whom the
Petitioner would include, and the Employer would exclude, from the
unit.
Kiln employees: These employees work in the kiln department
where their principal function is the drying of veneer baskets and other
assembled units. They are hourly paid and work under the direction
of the general superintendent. They work the same hours as other
employees, receive approximately the same rate of pay, and occasion-
ally they are required to work during periods when the remainder of
the plant is not in operation. The kiln department is located in the
main building, and although there is little interchange between depart-
ments, no particular skill is required for this operation, though some
experience is necessary. It is apparent that the kiln employees per-
form an operation which is an integral part of the production process.
It is also apparent that the interests of these employees are closely
related to those of other production and maintenance employees in
the unit. The record does not disclose that these employees were ex-
cluded from the prior bargaining contract. Accordingly, in the ab-
sence of any cogent reason for their exclusion, we shall include the kiln
employees in the unit.
Machinists and mechanics: These employees represent a group of
about eight skilled employees who work in the machine shop on the
premises. One machinist remains constantly in the shop, while the
1004 DECISIONS-OF NATIONAL LABOR RELATIONS BOARD
mechanics make parts in the shop and also repair machines. Their
sole work consists of making parts and repairs to the operating ma-
chinery of the plant . They are on an hourly basis, but receive a higher
rate of pay than other employees . They are supervised by the head
machinist , although he is not classified as a supervisor . They work
the same shift basis as other employees, except that during periods
when the plant is closed they may continue to work. It thus appears
that these employees are maintenance employees , and their interests
are closely related to those of other production and maintenance em-
ployees in the unit. We do not regard difference in supervision per se
a basis for exclusion . As in the case of the kiln employees above, the
record does not disclose that these employees were excluded from the
prior bargaining contract . We shall , therefore , include the machinists
and mechanics in the unit.
We find that all production and maintenance employees at the Em-
ployer's Jonesboro, Arkansas, plant, including kiln employees and ma-
chinists and mechanics , but excluding office and clerical employees,
field employees , watchmen, and all supervisors , constitute a unit ap-
propriate 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 pur-
poses of collective bargaining with The Pierce-Williams Company,
Jonesboro , 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, and subject to Sections
203.61 and 203.62 , of National Labor Relations Board Rules and Regu-
lations-Series 5, 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 , but excluding those employees who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election , and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented by United Brotherhood of
Carpenters and Joiners of America , AFL, for the purposes of collective
bargaining.