Vulcan Corp.

National Labor Relations Board - Board Decisions

Oct 5, 1944

58 N.L.R.B. 733 (N.L.R.B. 1944)

In the Matter of VULCAN CORPORATION and INTERNATIONAL WOOD-
WORKERS OF AMERICA, C. I. O.
Case No. 18-R-1087.-Decided October 5, 1944
Mr. James R. Durfee, of Antigo, Wis., for the Company.
Mr. Edward J. Lambert, of Wausau, Wis., and Mr. John Braaten,
of Goodman, Wis., for the CIO.
Mr. Paul Bisgyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Woodworkers of Amer-
ica, C. I. 0., herein called the CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Vulcan Corporation, Antigo, Wisconsin, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Clarence A. Meter, Trial Examiner.
Said hearing was held at Antigo, Wisconsin, on August 25, 1944. The
Company and the CIO appeared and participated.' All parties 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 an opportunity to
file brief swith the Board.
Upon the entire record in the case, the Board makes the following:.
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Vulcan Corporation is an Ohio corporation with its principal office
and place of business at Portsmouth, Ohio. It operates plants in Ohio,.
Wisconsin, Illinois, New York, Massachusetts, Michigan, and Mis-
souri. At its plant at Antigo, Wisconsin, with which we are solely
I Although duly serve' with Notice of Hearing , United Brotherhood of Carpenters and
Joiners of America , Local #3043 , A F. of L., herein called the AFL, failed to appear.
58 N L R . B., No. 152.
733
734 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
concerned in this proceeding, the Company is engaged in the manu-
facture of dimension hardwood stock, shoe lasts, and woodwork for
instrument panels. During 1943 the Company purchased for its An-
tigo plant raw materials amounting in value to approximately
$500,000, of which about 90 percent was shipped from outside the State
of Wisconsin. During the same period, the Company sold products
finished at its Antigo plant valued at approximately $1,300,000, at least
90 percent of which was shipped to points outside the State of Wis-
consin.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Woodworkers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 9, 1944, the CIO requested recognition as the bargaining
representative of the Company's production and maintenance em-
ployees. The Company, doubtful of its obligations under a purport-
edly unexpired contract with the AFL, refused to recognize the CIO
until it was certified by the Board. While it does not now affirma-
tively urge that the contract precludes this proceeding, it, nevertheless,
desires that the Board determine the contract's effectiveness as a bar.
On September 1, 1942, the Company and AFL entered into a written
agreement expiring on August 31, 1943, which covered the Company's
employees, exclusive of clerical and supervisory personnel. The
agreement provided for automatic renewal for yearly terms, in the
event neither party gave written notice of termination at least 60
days prior to any anniversary date. No such notice having been
given, the agreement, in the absence of the special circumstances pres-
ent in this case, would have been last extended for 1 year to August
31, 1945.
The uncontroverted evidence demonstrates that, long before the
most recent renewal date of the contract, the AFL ceased to be a func-
tioning organization and bargaining representative of the Company's
employees. For more than a year, it had no bargaining conferences
with the Company, and for the past 6 or 3 months, its shop commit-
tee failed to consult with the Company regarding grievances and other
related matters, although the contract contemplated such meetings
at least every 2 weeks. Significantly, the Company, several months
prior to this proceeding, made unilateral applications to the War La-
. VULCAN CORPORATION 735
bor Board for wage increases and increased vacation privileges for
its employees. The record also shows that, since February or March
1943, the AFL held no membership meetings; that, some time ago, the
AFL signatories to the contract and its last set of officers, with the
possible exception of the treasurer who is now in the armed forces, left
the Company's employ; and that no successors to these officers were
elected. Moreover, the last president and secretary of the AFL testi-
fied that, to their knowledge, the AFL was defunct and without mem-
bership. Finally, the AFL failed to appear at and participate in the
hearing in the instant proceeding, although duly .served with notice
thereof.
Thus, the foregoing facts clearly sustain the view that, prior to the
date when the contract between the AFL and the Company purport-
edly renewed itself in 1944, the AFL was, for all intents and purposes,
non-existent. Under such circumstances, to accord vitality to the
contract would be tantamount to foreclosing the Company's employ-
ees, now unrepresented, from exercising the right to select a collec-
tive bargaining agent. Accordingly, we conclude that the contract
is no bar to this proceeding? -
A statement of a Board Field Examiner, introduced into evidence
at the hearing, indicates that the CIO represents a substantial number
of employees in the unit hereinafter found appropriate.3
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 Act.
IV. THE APPROPRIATE UNIT
The parties stipulated to the appropriateness of a unit consisting of
all the Company's production and maintenance employees at its An-
tigo, Wisconsin, plant, including the overseer in the green lumber
yard, the kiln operator,' and watchmen,5 but excluding office and cler-
ical employees, the dimension mill and dry kiln superintendent, the
saw-mill superintendent, the timber superintendent, and the dimension
mill foreman. However, there is disagreement with respect to the
blockmill supervisor, the log scaler, and the timber cruiser and log
buyer, ail of whom the CIO would exclude as supervisory employees.
whereas the Company would include them. It appears from the
record that these employees, concerning whom there is dispute, voted
in an election held in 1940, pursuant to a consent agreement, in which
' Matter of Wilson Packing and Rubber Companu , 51,N. L. R B 910
The Field Examiner reported that the CIO submitted 51 authorization cards bearing
the names of persons listed on the Company's pay roll of August 14, 1944 , which contained
the names of 152 employees in the appropriate unit.
4 The overseer in the green lumber yard and the kiln operator clearly are not supervisory
employees within the meaning of our customary definition.
5 They appear to be neither armed , militarized , nor deputized.
736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
election the CIO was defeated. It also appears that they were in-
cluded in the AFL contract hereinabove mentioned. We shall now
consider them separately.
Blockmill supervisor: 6 He is under the saw-mill superintendent and
directs the work of 11 or 12 men in the blockmill. Approximately 10
percent of his time is spent in this capacity, while the remainder of
his time is devoted to checking sizes of manufactured items, setting up
and repairing lathes, making patterns for block lathes, and perform-
ing the work of absent employees in the blockmill. He does not
possess authority to hire, discharge or otherwise affect the status of
employees.7 While he is paid on a weekly basis and the men whom
he directs receive an hourly rate, we are not persuaded that he comes
within our usual definition of supervisory employees and we shall
include him. -
, Log scaler: s He either works alone or directs a crew varying in
size up to eight men. His job requires him to see that logs are properly
decked, unloaded, and sorted. He selects particular logs for pre-
scribed uses in the plant and directs his men where to place them. 'He,_
too, performs manual labor. The log scaler does not possess authority
to hire or discharge or otherwise affect the status of employees, or
effectively to recommend such action. Although he is paid a weekly
salary, while the men working with him are paid an hourly rate, it
is our opinion that he is a non-supervisory employee and we shall in-
clude him.
Timber cruiser and log bud/er: 9 His duties require him to spend
about 75 percent of his time away from the plant. He buys up logs
and timber at prices set by the Company and "cruises timber." In the
performance of these duties, he is frequently accompanied by his
"partner," the timber superintendent. When he is at the plant he
works as a log scaler. He is paid a weekly salary. It also appears
that, at the time of the hearing, he was taking the place of the saw-
mill superintendent who was on vacation. Because of the responsi-
bility of his position and his peculiar relationship to management,
and in view of the fact that his interests are apparently different from
those of the production and maintenance employees, we shall exclude
him.
We find that all production and maintenance employees of the
Company at its Antigo, Wisconsin, plant, including the overseer in
the green lumber yard, -the kiln operator, the blockmill supervisor,
Wesley E Allen.
The record discloses that , about 4 or 5 months prior to the hearing , the blockmill super-
visor recommended the discharge of an employee who frequently was absent "on a spree"
The employee never returned to work and it does not appear what action, if any, the
Company took upon this recommendation.
8 Otto Wear
9 Frank Fisher.
VULCAN CORPORATION 737'
the log scaler , and watchmen , but excluding office and clerical em-
ployees, the timber cruiser and log buyer , the dimension mill and dry -
kiln superintendent , the saw -mill superintendent , the timber super-
intendent , the dimension mill foreman , and all other supervisory
employees with authority to hire, promote , discharge , discipline, or
otherwise effect changes in the status of employees , or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 Labor
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 Vulcan Corpora-
tion, Antigo, Wisconsin, 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 Eighteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations , among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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, 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 Interna-
tional Woodworkers of America, C. I. 0., for the purposes of collective
bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
009591-45-vol 58-48