Hoosier Panel Co.

National Labor Relations Board - Board Decisions

Nov 9, 1942

45 N.L.R.B. 478 (N.L.R.B. 1942)

i
III the Matter o f 'HOOSIER PANEL COMPANY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No. R-438. '.-Decided'-November 9,':194
Jurisdiction : plywood manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary. _
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including watchmen and . janitors, but excluding supervisory and
-clerical employees, janitress, and investigator.
Mr. Fae Patrick, of Indianapolis, Ind., and Mr. John A. Cody, Jr.,
of New Albany, Ind., for 'the 'Company.
Mr. Stanley Denlinger; of Akron, Ohio, Mr. Charles H.' Moon', of
Cincinnati, Ohio, and Mr. Edward Chasco, of New Albany, Ind.,
for the Union.
Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by'District 50, United Mine Workers of
America, herein 'called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Hoosier Panel Company, New' Albany, Indiana, herein called the'
Company, the National Labor Relations Board provided 'for an
appropriate hearing upon due notice, before, Robert D. Malarney,
Trial Examiner. 'Said hearing was held 'at' New Albltiiy, Indiana,
on October 14, 1942. The Company and the Union appeared, partici-
pated, and' were afforded full opportunity to be heard, to examine
and across-examine witnesses, and to introduce evidence bearing on.
the issues. '.The Trial Examiner's rulings .made at the' heariyiff'are
free- from' -prejudicial- eiw6r and are hereby ' affirmed. The Union
filed a brief which the Board has considered.
45 N L it B., No. 71. . ' ,
478
HOOSIER PANEL COMPANY 479-
Upon the entire record in the case, the. Board makes the fol-
lowing:.
FINDINGS OF FACT
1. TILE BUSINESS OF THE COMPANY
Hoosier . Panel Company is an Indiana corporation with its
principal, office and place of business in,New Albany, Indiana, where
it is engaged in the. manufacture of plywood for airplanes, ships,
desks, filing cabinets, bookcases, and household furniture., During
each month the, Company purchases raw materials consisting of
lumber, glue, veneer, and backs, valued in excess of $100,000, 80 per-
cent of which is obtained from sources outside the State of Indiana.
Each month it sells approximately $150,000 worth of finished prod-
ucts, 75• percent of which is shipped to points outside the State of
Indiana. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II.. THE ORGANIZATION INVOLVED .
District 50, United Mine Workers of America is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company and the Union agreed at the hearing that a question
concerning representation has arisen in that the Union requested,the
'Company, • to enter into collective bargaining negotiations and the
Company refused to bargain unless and until the Union was certi-
fied by the Board. ,
A statement of the Regional Director introduced; into evidence
shows that' the Union represents a substantial number . of the em-
ployees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen . concerning
the representation of employees of the Company, within 'the-mean-
ing of Section 9 (c) and Section 2'(6) and (7) of the Act.
'The Regional Director reported that the 'Union submitted 164 authorization cards,. 8
of.whieh were dated July 1942, and 156 , August 1942 ; all signatures appeared to be genuine
original signatures , and that 145 of such cards hear the names of persons who appear on
the pay roll of the , Company of August 8, 1942, containing 328 names in,the appropriate
unit. •
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The parties agree that the appropriate unit should include all
production and maintenance 2 employees, including two watchmen 3
and three janitors who work in the plant proper, but excluding all
supervisory 4 and clericals employees.
There is a janitress in the employ of the Company. The Company
desires to include her in the unit, while the Union contends that she
should be excluded. The janitress is a weekly paid employee. Her
work is confined wholly to cleaning up the office where she works
about 2 hours a day after customary office hours. She does -not
perform production or maintenance work in the plant proper. Under
these circumstances, we shall-exclude her from the unit.
The parties are in dispute over the status of a female investigator.
The record indicates that until recently the Company has been em-
ploying female workers. It was the duty of this female investigator
to investigate references given by female applicants for employment,
and to make reports of her findings to the Company. A representa-
tive of the Company testified that the Company has ceased hiring
female employees for the present time and that there is now no need
for investigating work. He testified that the female investigator
was doing full-time production work. He indicated that the em-
ployee would be the logical choice to do investigating work whenever
it is necessary provided, however, she is not retained as a production
worker. Her eligibility to vote in the election will depend upon the
nature of work performed by her on the eligibility date. If she is
then a production employee, she will be in the unit and entitled to
vote; if she is then an investigator, she will be excluded.
We find that all production and maintenance employees, including
watchmen and janitors, but excluding supervisory and clerical em-
ployees, the janitress, and the investigator, if any, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
3 The parties agree to include in the unit as maintenance employees, a millwright, a saw
filer, a carpenter, and three firemen.
3 The watchmen are not armed or deputized, and they are not in the same category-as
plant-protection employees.
4 The parties agree that there are eight supervisory employees , besides the superintendent
and assistant superintendent , who had a right to hire or discharge employees , namely:
Edward Stanley , foreman of the finishing department ; Theodore Faith, day glue room fore-
man ; Michael Lori, night glue room foreman ; Delbert Davis, foreman of the mill room
and lumber yard; Paul Henckel, foreman of the warehouse , back and van department;
Manuel Sinkhorn , day foreman of veneer department ; Neal Robbins , night foreman of the
veneer department ; and John Fach , the engineer in charge of the power plant and fireman.
6 The parties agree to exclude from the unit four stenographers , a shipping clerk, a pay-
roll clerk, who is also the assistant to the Secretary of the Company , and one Joe Benfor,
who works part time in the office , but who works a great deal of his time as a salesman on
the road
HOOSIER PANEL COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
481
1Ve 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 Elec-
tion 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hoosier Panel
Company, New Albany, Indiana, 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 Eleventh Region, acting in this matter
as agent for the National Labor Relations Board and subject to
Article` III, Section 10, of said Rules and Regulations, 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
such pay-roll period because they were, ill or on vacation or in the
active military service or training of the United States, or temporarily
laid off, but excluding employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by District 50, United Mine Workers of America, for the pur-
poses of collective bargaining.
CHAIRMAN MILLTS took no part in the consideration of the above
Decision and Direction of Election.
493508-43-vol. 45-31