Wilner Wood Products Co.

National Labor Relations Board - Board Decisions

May 31, 1957

117 N.L.R.B. 1895 (N.L.R.B. 1957)

WILIER WOOD PRODUCTS CO. 1895
tion of tannery or leather workers, as well as employer organization
consisting of tannery operators.19
A final consideration justifying establishment of a tannery unit
today is that there is no existing pattern of collective bargaining
units which would be disrupted. Indeed, the only substantial collec-
tive bargaining that has occurred among the employees of this Com-
pany covered a period of 5 years between 1942 and 1947 and was limited
substantially to the tannery portion of its business. So far as the
record shows, that bargaining ceased not because it was unsuccessful
or not conducive to peaceful labor management relations, but because
the union then involved, not a party of this proceeding, failed to
satisfy the filing requirements set out in the 1947 amendments to the
statute. We see no reason why such bargaining should not be per-
mitted to resume, if the tannery employees so desire.
As to other issues in the proceeding, we concur with the majority
opinion.
ss The Board has already recognized , in examining the overall operations of this same
company, that the distinctive characteristics of a separate industry operation suffice to
support a limited bargaining unit, when it established a unit for its rubber production
employees . In Endicott Johnson Corporation, 57 NLRB 1473 , 1476, the Board said :
While highly integrated with shoe factories, the Company, to all intents and pur-
poses , operates a separate rubber production business.
Wilner Wood Products Co. and Boot & Shoe Workers Union,
AFL-CIO, Petitioner. Case No.1-RC-4x81.. May 31,1957
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Francis V. Paone,
hearing officer. The hearing officer's rulings made at the hearing 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-member
panel [Members Murdock, Rodgers, and Bean].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent employees
of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Employer is engaged in the manufacture of wood heels for
women's shoes. Its main plant is located in Norway, Maine. It also
117 NLRB No. 245.
1896 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintains two locations, one in Casco and the other in Bethel, Maine,
for the sole purpose of debarking raw lumber which is then for-
warded to the Norway plant for further processing. It appears that
the only employees of the Employer working at the Casco and Bethel
locations are those classified as debarkers. The Employer also main
tains a third debarking operation at the Norway plant. The Peti-
tioner seeks to represent a' 'unit of all production and maintenance
employees at the Norway plant excluding, among others, all firemen,
over-the-road truckdrivers, truck mechanics, cafeteria' employees, and
all debarkers and chippers employed at the Employer's three debark-
ing operations. The Employer would include within the unit all of
the above-named classifications of -employees.
- Firemen: The firemen work exclusively at tending to the boilers
at the Norway plant' which generate the steam' for production arid
heating purposes.: They are hourly paid and work under the super-
vision of the maintenance department foreman. They punch the same
time clock and receive the same fringe benefits as are received by the
other maintenance employees., As their interests and conditions of
employment are substantially the same as other employees in the unit
sought we shall include them within the unit.
Over-the-road truckdrivers: Four employees are classified as over-
the-road drivers. They operate the Employer's own trucks and deliver
materials throughout the New England area. While driving they are
paid on a trip basis. However, 3 of the 4 drivers spend approximately
50 percent of their time working as production employees. While so
engaged they work together with the production employees and are
paid on the same basis as those employees. Whether driving or work-
ing as production employees all drivers receive the same fringe bene-
fits received by the production and maintenance employees. As the
interests and conditions of employment of the truckdrivers are sub-
stantially similar to those of the other production and maintenance
employees and as no union seeks to represent them separately we shall
include them within the unit.
Truck mechanics: The truck mechanics are employed at the Norway
plant and are responsible for the repair and maintenance of the Em-
ployer's trucks and autoinobiles. When not working as such they
perform general maintenance and millwright work. They are paid
on the same basis and receive the same fringe benefits as are received
by the other production and maintenance employees. For these rea-
sons we shall include them within the unit.
Cafeteria employees: The Employer operates a cafeteria which is
located adjacent to the production area at the Norway plant. The
cafeteria apparently is for the use of the Employer's employees at the
Norway plant. Two of the cafeteria employees work as such on a
full-time basis. Three or four of them work only part time. While
WILNER WOOD PRODUCTS CO. 1897
not working in the cafeteria, these employees perform their regular
work in the packing department. Both the full-time and part-time
employees are hourly paid, punch the same time clock, and receive the
same fringe benefits received by production and maintenance em-
ployees. As their interests and conditions of employment are sub-
stantially similar to those of the other employees in the unit sought we
shall include them within the unit.
Debarkers and chippers: As noted previously, the Employer main-
tains 3 debarking operations,1 at its Norway plant, 1 in Casco, and 1 in
Bethel, Maine. Casco and Bethel are located approximately 25 miles
from Norway. The duties of the debarkers at each of the 3 locations
are identical. The debarkers operate a machine which removes the
bark from raw lumber. The chippers, who are located only at the
Norway plant, operate a machine which pulverizes the ends of the
wood slabs for use in heating operations. There is a considerable
interchange of employees among the three debarking operations.
There is also an interchange of employees between the debarking op-
erations and the production operations. All of the debarkers and
chippers work under the supervision of the Norway debarking fore-
man. They are all hourly paid and receive the same fringe benefits
as are received by other production and maintenance employees. We
find that the debarkers and chippers at all three locations have interests
and conditions of employment similar to those of the employees in the
unit sought and properly belong within that unit.
We find that the following employees constitute a unit appropriate
for collective bargaining purposes within the meaning of Section 9 (b) :
All production and maintenance employees employed at the Em-
ployer's Norway plant, including firemen, over-the-road truckdrivers,
truck mechanics, cafeteria employees, and all debarkers and chippers
employed at the Employer's debarking operations at Norway, Casco,
and Bethel, Maine; but excluding office clerical employees, profes-
sional employees, guards, and all supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
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