Hoosier Panel Co.

National Labor Relations Board - Board Decisions

Jul 16, 1945

62 N.L.R.B. 1308 (N.L.R.B. 1945)

In the Matter of HOOSIER PANEL COMPANY and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, AFFILIATED WITH THE CIO
Case No . 11-R--811.-Decided Iuly 16, 1945
Mr. Fea Patrick, of Indianapolis, Incl., for the Company.
Messrs. Jess B. Moss and Larne Leonard, both of Louisville, Ky., for
the Union.
Mr. Angelo J. Fium,ara, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Union, United
Automobile, Aircraft and Agricultural Implement Workers of America,
affiliated with the CIO, 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 Coln-
pany, the National Labor Relations Board provided for an appropriate
hearing upon clue notice before William O. Murdock, Trial Examiner.
Said hearing was held at New Albany, Indiana, on June 22, 1945. The
Company and the Union appeared and participated. All parties were af-
forded full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
The Company is engaged at its New Albany, Indiana, plant in the manu-
facture of plywood for use in the war effort During the year 1944, approx-
62 N. L. R. B., No. 178
1308
HOOSIER PANEL COMPANY 1309
lmately 75 percent of the Company's raw materials was purchased outside
the State of Indiana, while about 80 percent of its finished products was
shipped to points outside the State. The Company's purchases, as well as
its sales , during this period represented a value in excess of $100,000.
The Company admits, and we find, that it is engaged in commerce within
the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural Im-
plenlent Workers 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 April 5, 1945, the Union addressed a letter to the Company request-
ing recognition as the exclusive collective bargaining representative of
certain of its employees. The Company refused such request until the
Union is certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees in
the unit hereinafter found appropriate.' ,
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all pro-
duction and maintenance employees at the Company's New Albany, Indi-
ana, plant, including watchmen, but excluding office and clerical employees,
superintendents, foremen, and all 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 collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period imme-
' The Field Examiner reported that the Union submitted 148 application - for-membership cards;
that the names of 120 persons appearing on these cards were listed on the Company ' s pay roll of
April 8 , 1945, which contained the names of 179 employees in the appropriate unit , and that, of
these cards, 141 were dated during Match and Apiil 1945 , and 7 were undated
1310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
diately 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 representatives
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, Sections 10 and 11, of
said Rules and Regulations, among the employees id the unit found appro-
priate 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 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
any 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 International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America, affili-
ated with the Congress of Industrial Organizations, for the purposes of
collective bargaining.
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