Turner Day & Woolworth Handle Co., Inc.

National Labor Relations Board - Board Decisions

Aug 7, 1941

33 N.L.R.B. 1220 (N.L.R.B. 1941)

In the Matter of TURNER DAY & WOOLWORTH HANDLE COMPANY, IN-
coRPoRATED and LOCAL UNION 1481, LUMBER & SAWMILL WORKERS
DIVISION OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF
AMERICA (A. F. OF L.)
Case No. R-93731.-Decided August 7, 1911
Jurisdiction : hickory striking tool handle manufacturing industry
Investigation and Certification of Representatives : existence of question: agree-
went as to ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including watchmen, but excluding all clerical and supervisory em-
ployees ; stipulation as to.
Mr. Herman A. Bayles, of Cincinnati, Ohio, for the Company.
Mr. Wilson E. Ray, of Memphis, Tenn., for the A. F. of L.
Mr. William R. Henderson and Mr. Harry Koger, of Memphis, Tenn.,
for the C. I. O.
Mr. Dan, M. Byrd, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 2, 1941, Local Union 1418, Lumber & Sawmill Workers
Division of the United Brotherhood of Carpenters and Joiners. of
America (A. F. of L.), herein called the A. F. of L., filed with the
Regional Director for the Tenth Region (Atlanta, Georgia) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Turner Day & Woolworth Handle Com-
pany, Incorporated, Memphis, Tennessee, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On June 23, 1941, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an inves-
tigation authorizing the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice.
33 N. L. R. B, No. 203
1220
TURNER DAY & WOOLWORTH HANDL'E1 COMPANY, INCORPORATED1221
On July 1, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the A. F. of L.,
and the United Handle Workers Industrial Union No. 203, affiliated
with the C. I. 0., herein called the C. I. 0., a labor organization claim-
ing to represent employees directly affected by the investigation. Pur-
suant to notice,i a hearing was held on July 16, 1941, at Memphis,
Tennessee, before Earle K. Shave, the Trial Examiner duly designated
by the Acting Chief Trial Examiner. The Company, the A. F. of L.,
and the C. I. O. were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was afforded
all parties. During the course of the hearing the Trial Examiner'
made several rulings on motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial Exam-
iner 'and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Turner Day & Woolworth Handle Company, incorporated, is a
Kentucky corporation with its principal place of business at Louis-
ville, Kentucky. It is engaged in the business of manufacturing
hickory striking tool handles, maintaining plants at Louisville and
Bowling Green, Kentucky, Nashville and Memphis, Tennessee, and
Chester, Connecticut, and portable branch sawmills in the States of
Kentucky and Tennessee. This proceeding is concerned solely with the
Memphis, Tennessee, plant. During the fiscal year ending June 30,
1941, sales for the Memphis plant were $131,471.92, approximately 90
per cent of which required shipments to points outside the State of
Tennessee. During the same period, approximately $45,000 to $50,-
000 worth of raw materials were purchased; approximately 30 per
cent of which had their -origin outside the State of Tennessee.
The company concedes that its operations at Memphis are subject
to the jurisdiction' of the Board and that it is engaged in interstate
commerce within the meaning of the Act.
IL THE ORGANIZATIONS INVOLVED
Local Union 1481,. Lumber & Sawmill Workers Division of the
United Brotherhood of Carpenters & Joiners of America is a labor
'On July 3 , 1941 , the Regional Director issued an amended notice of hearing , copies of
which were duly served upon the Company , the A F. of L ., and the C I. 0 In the amended
notice of heaiing the Regional Director postponed the hearing date on this matter from
July 9 to July 16, 1941..
1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
organization affiliated with the American Federation of Labor. It
admits to membership employees at the Memphis, Tennessee, plant
of the Company.
United Handle Workers Industrial Union No. 203 is a labor or-
ganization affiliated with the Congress of Industrial Organizations.
It admits to membership employees at the Memphis, Tennessee, plant
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before April 22, 1941, the A. F. of L. called upon the
Company and stated that it had organized the Company's employees
and would like to discuss the matter. On April 23 the Company
received a letter from the Acting Regional Director of 'the Tenth
Region informing it that the C. I. O. had also filed a petition.2 The
Company, the A. F. of L., and the C. I. O. agree that a question
concerning representation has arisen.
A statement of the Trial Examiner made at the hearing shows that
the A. F. of L. and the C. I. O. each represent a substantial number
of employees within the alleged appropriate unit.3
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that a question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I, above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and tends to
lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated, and we find, that all production and main-
tenance employees of the Company, including watchmen, but ex-
2 The C I O. withdrew its petition upon request of the Acting Regional Director when it
was discovered that the cards that the C. I. O. possessed at the time of the filing of its
petition had been lost.
3 The Trial Examiner reported that the A. F of L submitted 63 application cards dated
as follows : 40 during March 1941 , 14 during April 1941, and 9 undated . He further reported
that all 63 bore apparently genuine original signatures, 52 of which were on the Company's
pay roll of July 10, 1941. The Trial Examiner reported further that the C. I. 0 submitted
38 cards : 28 dated between July 1 and July 14, 1941, and 10 undated He stated that all
38 cards bore apparently genuine original signatures, all of which were on the Company's
pay roll of July 10, 1941. The Trial Examiner also stated that 30 of the persons named on
the Company's pay roll of July 10, 1941 , filed application cards in the A. F. of L . as well as
in the C. I. 0 The Trial Examiner introduced into evidence the Company 's pay roll for
July 10, 1941, which by agreement of all parties contained the names of 64 production and
maintenance employees , 3 watchmen , and 2 employees who were on sick leave.
TURNER DAY & WOOLWORTH HANDLE COMPANY, INCORPORATED 1223
eluding all clerical and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining.. We find
further that such unit will insure to the employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot.
All parties agreed that the July 10, 1941, pay roll of the Company
should be used to determine eligibility to vote. The parties were
in further agreement that Frank Hick and Jim Avant, two employees
whose names did not appear on said pay roll, should be eligible to
vote in view of the fact that they were on sick leave. We shall
direct that all employees in the appropriate unit whose names appear
on the Company's pay roll of July 10, 1941, subject to such limita-
tions and additions as are set forth in the Direction, shall be eligible
to vote.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Turner Day & Woolworth Handle Com-
pany, Incorporated, Memphis, Tennessee, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act.
2. All production and maintenance employees of the Company,
including watchmen, but excluding all clerical and 'supervisory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
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 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Turner Day & Woolworth Handle Company, Incorporated,
Memphis, Tennessee, an election by secret ballot shall be conducted
1224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 of the Tenth Region, acting in this matter as,
agent for the National Labor Relations Board, and subject to Ar-
ticle III, Section 9, of said Rules and Regulations, among all produc-
tion and maintenance employees of the Company who were employed
during the pay-roll period of July 10, 1941, including Frank Hick
and Jim Avant, watchmen, 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 all clerical and supervisory employees and em-
ployees who have since quit or been discharged for cause, to determine
whether they desire to be represented by Local Union 1481, Lumber
& Sawmill Workers Division of the United Brotherhood of Car-
penters & Joiners of America (A. F. of L.), or by United Handle
Workers Industrial Union No. 203, affiliated with the C. I. 0., for
the purposes of collective bargaining, or by neither.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of
the above Decision and Direction of Election.