Veneer Products Co.

National Labor Relations Board - Board Decisions

Aug 30, 1946

70 N.L.R.B. 1036 (N.L.R.B. 1946)

In the Matter of DONALD R. RICE AND ALLIE E . SALLS D/B/A VENEER
PRODUCTS COMPANY, EMPLOYER and UNITED FURNITURE WORKERS
OF AMERICA , CIO, PETITIONER
Case No.1-R--318!.-Decided August 30, 1946
Mr. Ed niwnd J. Blake, of Boston, Mass ., for the Employer.
Mr. Francis O'Connor, of Boston, Mass., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, hearing in this case was held
at Rutland, Vermont, on August 1, 1946, before Samuel G. Zack, Trial
Examiner. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Donald R. Rice and Allie E. Sails, a co-partnership doing business
as Veneer Products Company, is engaged at Fairhaven, Vermont, in
the manufacture of wood veneers for furniture, automobile trailers and
building materials. The Employer purchases monthly raw materials,
consisting principally of lumber and logs, valued at approximately
$25,000, of which approximately 90 percent is obtained from points
outside the State of Vermont. The Employer produces approxi-
mately one million feet of veneer per month valued in excess of
$25,000, of which approximately 90 percent is sold at points located
outside the State of Vermont.
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.
70 N. L. R. B., No. 81.
1036
VENEER PRODUCTS COMPANY
III. THE QUESTION CONCERNING REPRESENTATION
1037
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 has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Substantially in accordance with the agreement of the parties at
the hearing, we find that all production and maintenance employees
of the -Employer, excluding office and clerical employees, timber
cruisers estimators, executives, and all other 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 col-
lective 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 Donald R. Rice and Allie E.
Sails, d/b/a Veneer Products Company, of Fairhaven, Vermont, 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
First Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sections 10 and 11, of
National Labor Relations Board Rules and Regulations-Series 3, as
amended, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 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, to determine whether or not they desire to be
represented by United Furniture Workers of America, CIO, for the
purposes of collective bargaining.
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of
the above Decision and Direction of Election.