The Stilley Plywood Co., Inc.

National Labor Relations Board - Board Decisions

Mar 1, 1948

76 N.L.R.B. 456 (N.L.R.B. 1948)

In the Matter of THE STILLEY PLYWOOD Co., INC..' EMPLOYER and IN-
TERNATIONAL BROTHERHOOD OF PULP, SULPHIDE AND PAPER MILL.
WORKERS, A. F. L., PETITIONER
Case No. 10-R-0805 .-Decided Ma),ch 1, 19/1
Mr. John B. McCutcheon , of Conway, S. C., for the Employer.
Mr. Milton M. Bever, of Bloomington , Md., for the Petitioner.-
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Con-
way, South Carolina, on November 24, 1947, before A. C. Joy, hear-
ing officer. The hearing officer's rulings made at the hearmg are free-
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mane
panel consisting of the undersigned Board Members.*
Upon the entire record in the case, the National Labor Relations-
Board makes the following :
FIN DINGS OF FACT
I. THE BUSINESS OF TIIE EMPLOYER
The Stilley Plywood Co., Inc., a South Carolina corporation, is
engaged in the manufacture of plywood at Conway, South Carolina.
During the 12 months preceding the hearing, the Employer pur-
chased materials valued in excess of $500,000, approximately 50 per-
cent of which was received from points outside the State of South
Carolina. During the same period, the Employer produced articles
valued in excess of $1,000,000, approximately 90 percent of which
was shipped to points outside the State of South Carolina.'
i Subsequent to the healing, the pan ties entered into a stipulation to coirect certain errors
in the transci ipt and foinial papers, which is herebi- accepted and made a part of the record
liei ern The name of the Eniployei appeals above as corrected by this stipulation
'Chairman Herzog and Members Muidock and Gras
76 N. L. R B, No. 67.
456
THE STILLEY PLYWOOD CO., INC. 457
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization, affiliated with the American
Federation of Labor, 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 accord with the agreement of the parties,
that all production and maintenance employees in the Employer's plant
and woodland operations, excluding office and clerical workers, sales-
people, technical employees, superintendents, and all other supervisors
as defined in the Act, constitute a unit appropriate for the purposes of
collective bargaluing within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation be
resolved by means of an election by'secret ballot, subject to the limita-
tions and additions set forth in the Direction.
The Employer contends that temporary or probationary 2 employees
should not be eligible to vote in the election. The record discloses that
the Company designates new employees hired for particular tasks as
"temporary" employees until they have worked for a period varying
from 2 weeks to 30 days. As these employees normally become regu-
lar employees after a short period of time, we find that they have
substantial interests in common with the regular employees in the unit,
and we shall permit them to vote in the election hereinafter directed.3
2 The Employer used the teams "probationary " and "temporary " interchangeably The
testimony reveals that the Employer has no "teinpoiary" employees in the accepted sense
of the word
3 Matter of Sears, Roebuck md Co, 65 N L R B 751. Matter of Douglas Aircraft Com-
pany, Inc., 60 N. L. R . B. 876.
458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Stilley Plywood Co ., Inc.,
Conway, 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, and subject to Sections 203.61 and
203.62 of National Labor Relations Board Rules and Regulations-
Series 5, ainong 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 the 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 International Brother-
hood of Pulp, Sulphite and Paper Mill Workers, A. F. L., for the
purposes-of collective bargaining.