Indianapolis Wire Bound Box Co.

National Labor Relations Board - Board Decisions

Jun 16, 1942

41 N.L.R.B. 1023 (N.L.R.B. 1942)

In the- Matter Of INDIANAPOLIS WIRE BOUND Box COMPANY and
'UNITED CONSTRUCTION WORKERS' ORGANIZING COMMITTEE, LOCAL 392
(CIO)
Case No. R-3858.-Decided June 16, 1942
Jurisdiction : box 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 : all production and maintenance
employees, excluding supervisory and clerical employees, and office cleaners.
Mr. Paul Y. Davis, of Indianapolis, Ind., for the Company.
Mr. C. E. Whitman, Mr. Charles H. Moon, and Mr. Thomas Davis,,
of Indianapolis, Ind., for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND -
• DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Construction Workers' Organiz-
ing Committee, Local 392 (CIO), herein called the Union, alleging
'that a question affecting commerce had arisen concerning the repre-
sentation of employees of. Indianapolis Wire Bound Box Company,
Indianapolis, Indiana, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Arthur R. Donovan, Trial Examiner. Said hearing was held
at Indianapolis , Indiana, on May 21, 1942. The Company and the
Union appeared, participated, and 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.
Upon the entire record in the case, the Board makes the Following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Indianapolis Wire Bound Box Company is engaged in the manufac-
ture of boxes at Indianapolis, Indiana.. Substantially all the raw
'By letter dated May 16 , 1942, and introduced in evidence at the hearing the Union
waived its pending charges of unfair labor practices against the Company insofar as they
affect this proceeding.
41 N. L. R. B., No. 186.
1023
1024 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
materials used by the Company, consisting principally of wood, nails,
sheet metal, steel parts, and paint, and averaging $100,000 in value
annually, are shipped to the plant from outside the State of Indiana.
The plant manufactures products of an average value annually of
$300,000. Ninety-six percent of these products is sold in Indiana, but
the greater portion thereof is used in packaging goods which are
shipped outside the State of Indiana. The remaining 4 percent of the
products is sold 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
United Construction Workers' Organizing Committee, Local 392
(CIO) is a labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation had
arisen in that the Union requested the Company to recognize it as
the collective bargaining agent of the Company's employees, and that
the latter refused such recognition unless and until the Union is
certified by the Board.
A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
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 Union requests a unit of all production and maintenance em-
ployees, excluding supervisory and clerical employees, and office
cleaners. The Company's only objection to this unit is that it excludes
office cleaners.
There are two office cleaners, both of them women, who sweep up
around the offices and in the ladies' rest room. One of the women
works from 4 to 6 hours per week ; the other, 12 hours per week.
They usually begin work at 7 a. in. and quit at about 8: 30 or 9 a. m.
2 The Regional Director stated that the Union submitted 65 application-for-membership,
cards to him ; that 28 were dated between February 22, 1941, and December 31, 1941,
24 between January 16 , 1942, and April 23, 1942, and 13 were undated; that all the
cards bore apparently genuine original signatures ; and that 61 of the 65 signatures were
the names of persons whose names appeared on the Company ' s pay roll for. April 22,
1942 , which listed 115 persons in the unit hereinafter found appropriate.
INDIANAPOLIS WIRE BOUND BOX COMPANY 1025
They are paid by the week, 1 of them receiving approximately $4.50
and the other $5. Factory workers, both production and maintenance,
are paid by the hour. The office cleaners are not engaged at any time
in production work, and no attempt has been made by the Union to
organize them. In view of all these circumstances, we find that the
office cleaners do not have the same interests as do the factory workers.
We shall exclude them from the unit.
We find that all production and maintenance employees of the
Company, excluding supervisory and clerical employees, and office
cleaners, constitute a unit appropriate for the purposes of collective
bargaining within the meaning 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election, subject to the limitations and additions set forth therein.
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, 49 Stat. 449, and pursuant to Article III, Section 8, 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 Indianapolis Wire
Bound Box Company, Indianapolis, 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 of Election, under the
direction and supervision of the Regional Director for the Eleventh
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all employees of the Company in the unit found
appropriate in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
cluding employees who did not work during such pay-roll period be-
cause they were ill or on vacation or in the active military service
or training of the United States, or temporarily laid off, but excluding
those employees who have since quit or been discharged. for cause, to
determine whether or not they desire to be represented by United Con-
struction Workers' Organizing Committee, Local 392 (CIO), for the
purposes of collective bargaining.
463892-42-vol. 41-65