Hurd Millwork Corp.

National Labor Relations Board - Board Decisions

Feb 14, 1944

54 N.L.R.B. 1323 (N.L.R.B. 1944)

In the Matter Of HURD MILLWORK CORPORATION and LOCAL 1025,
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,
AFL
Case No. 18-R-91 41.-Decided February 14,1944-
Mr. 0. S. Hoebreckx , of Medford , Wis., for the Company.
Mr. Raymond A. Zimick, of Wasau , Wis., for the Union.
Messrs. Marvin Lang and Carl J. Freudenthal , for the Independent.
Mr. William Strong , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 1025, United Brotherhood of
Carpenters and Joiners of America, AFL, herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Hurd Millwork Corporation, Medford,
Wisconsin, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Clarence A. Meter, Trial Examiner. Said hearing was held at Med-
ford, Wisconsin,' on January 7, 1944. The Company and the Union
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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
1. THE BUSINESS OF THE COMPANY
Hurd Millwork Corporation, a Wisconsin corporation, is engaged
at Medford, Wisconsin, in the manufacture of millwork. About 90
1 Although former officers of the Independent Millworkers Union appeared at the hearing,
they stated that the Independent is no longer in existence and they had no interest in the
proceeding.
54 N. L. R. B., No. 198.
1323
1324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
percent of the raw materials used by the Company in 1943, totally
valued at more than $900,000, was brought into Wisconsin from points
outside that State. During the same period about 90 percent of the
.Company's finished products totally valued at more than $1,500,000,
was shipped to points outside the' State of Wisconsin.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
If. THE ORGANIZATION INVOLVED
Local 1025, United Brotherhood of Carpenters and Joiners of Amer-
ica, affiliated with the American Federation of Labor, is a labor or-
ganization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, 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 representatioi 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
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the Company, ex-
cluding executives, office and clerical employees, foremen, assistant
foremen, and all other 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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction'of Election
4
2 The Regional Director reported that the Union submitted 143 application -for-member-
ship cards all of which bore apparently genuine original signatures ; that the names of' ll
persons appearing on the cards were listed on the Company 's pay roll of December 11, 1943,
which contained the names of 225 employees in the alleged appropriate unit.
HURD MILLWORK CORPORATION 1325
herein, subject to the limitations and additions set forth ill the Di-
rection 3
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hurd Millwork
Corporation, Medford, Wisconsin, 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 Eighteenth 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 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 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 those employees 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 repre-
sented by Local 1025, United Brotherhood of Carpenters and Joiners
of America, affiliated with the American Federation of Labor for the
purposes of collective bargaining.
5 The Union asks that the December 25, 1943, pay roll be used to determine eligibility for
voting in the election . We have considered the Union's arguments in this respect and
conclude that no cogent reason is shown requiring deviation from our normal policy with
respect to the eligibility date.
I