C. M. Wall & Son, Inc.

National Labor Relations Board - Board Decisions

Jan 16, 1942

38 N.L.R.B. 304 (N.L.R.B. 1942)

In the Matter of C. M. WALL & SON, INC. and UNITED FuRNITuRE
WORKERS OF AMERICA, LOCAL 260 (CIO)
Case No. R-3396.-Decided January 16, 194
Jurisdiction : crates, crating material, and hogshead manufacturing industry.
Investigation and Certification' of Representatives : existence of question ; re-
fusal to accord union recognition until certified by the Board; eligibility to
be determined by agreed pay roll; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, exclusive of all supervisory and clerical employees ; agreement
as to.
Brooks, McLendon, and Holderness, by Mr. Norman Block, of
Greensboro, N. C.; for the Company.
Mr. D. H. Woodall, of High Point, N. C., and Mr. E. L. Sandefur,
of Winston-Salem, N. C., for the Union.
Mr. Milton A. Kallis, of counsel to the Board.
DECISION
AND .
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 17, 1941, United Furniture Workers of America,
Local 260, affiliated with the Congress of Industrial Organizations,
herein called the Union, filed with the Regional Director for the
Fifth Region (Baltimore, Maryland) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation
of employees of C. M. Wall & Son, Inc., Lexington, North Carolina,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On De-
cember 1, 1941, the National Labor Relations 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 Regu-
lations-Series 2, as amended, ordered an investigation and author-
ized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
38 N. L R B, No. 65.
304
C. M. WALL & SON, INC. 305
On December 11, 1941, the Regional Director issued' a notice, of
hearing, copies of-which were duly served upon the Company and
the Union." Pursuant to notice, a hearing was held on December
18, 1941, at Thomasville, North Carolina, before Earle K. Sbawe, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company and the Union 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS, OF FACT
1. THE BUSINESS OF THE COMPANY
In the manufacture ' of crates, crating material, and tobacco hogs
heads. It has its principal office in Lexington, North Carolina, and
its plant' in Thomasville, North Carolina. During 1940 it used raw
materials valued at $270,423.94. Five percent of the raw materials
were obtained from points outside the State of North Carolina. The
total value of the finished products for 1940 was $497,052.82, approxi-
mately 70 percent of which were shipped to states other than the
State of North Carolina. The Company admits that it is engaged
in commerce within the meaning of the Act.
H. THE ORGANIZATION INVOLVED
United Furniture Workers of America, Local 260, is a labor organ-
ization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION' CONCERNING REPRESENTATION
On or about November 25, 1941, the Union requested the Company
to recognize it as the exclusive representative of the production and
maintenance employees: The Company refuses to bargain with the
Union unless and until it has been certified by the Board.
A statement of the Regional Director, introduced at the hearing,
shows that the Union represents a substantial number of employees
in the appropriate unit.2 '
"Upholsterers International Union of North America, affiliated with the 'A, F. of L, was
also served with notice of the hearing . but it did not appear
• The statement of the Regional Director shows that the Union submitted 114 applica-,
tion cards for membership , that 99 signatures thereon appear to be genuine original signa-
tures, and that 92 thereof are the names of persons who are on the Company 's pay roll of
November 19 , 1941. These cards are all dated 1941 : 87 in September , 15 in October, and
12 In November . The Company has approximately 180 employees.
438861-42-N ol. 38-21
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 the question concerning representation which has
arisen, occurring in connection with the operations Iof 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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union agree, and we find, that all produc-
tion and maintenance employees at the Thomasville plant, exclusive
of all supervisory and clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining. We further find
that such unit will insure to employees of the Company the full
benefit of their right to self-organization and 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 resolied by an election by secret ballot.
The Company and the Union agree that eligibility should be de-
termined by the pay roll for the period ending November 19, 1941.
We shall direct that the employees of, the Company eligible to vote
in the election shall be those within the appropriate unit who were
employed during the pay-roll period ending November 19, 1941,
subject to the limitations and additions set -forth in the Direction.
Upon the basis of the foregoing findings of fact and 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 C. M. Wall & Son, Inc., Lexington, North
Carolina, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees at the Thomasville
plant, exclusive of all supervisory and clerical employees, constitute
a unit appropriate for the purposes of collective bargaining.
C. M. WALL & SON, INC. 307
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 Rela-
tions 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with C. M. Wall & Son, Inc., Lexington , North Carolina , 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 Fifth
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 production and maintenance employees at
the Thomasville plant employed during the pay-roll period ending
November 19, 1941, including the 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 tempo-
rarily laid off, but excluding supervisory and clerical employees and
employees , who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United
Furniture Workers of America, Local 260 , affiliated with the Con-
gress of Industrial Organizations , for the purposes of collective
bargaining.