McKnight Veneers, Inc.Download PDFNational Labor Relations Board - Board DecisionsMay 19, 194456 N.L.R.B. 678 (N.L.R.B. 1944) Copy Citation In 'the Matter of MCKNIGHT VENEERS, INC." and INTERNATIONAL WOOD- WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL' ORGANIZATIONS , Case No. 15-R-1096.-Decided May. 19, 19414 31r. J. G. Burke, of Helena, Ark., for the Company. Mr. George Allison, of DeQueen, Ark., and Mr. Robert Hill, of West Helena, Ark., for the Union. Mr. William Strong, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by` International Woodworkers of Amer- ica, affiliated with the Congress of Industrial Organizations, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of McKnight Ve- neers, Inc., Helena, Arkansas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John H. Eadie, Trial Examiner. Said hearing was held at Helena, Arkansas, on April 18, 1944. • The. Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-ekainine 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. 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 The Company, an Arkansas corporation, is engaged in'West Helena, Arkansas, in the manufacture of'veneer for boxes. The Company uses raw materials consisting' primarily of logs valued at about $125,000, 1 The Company 's name is shown as corrected by stipulation at the hearing. 56 N. L. R. B., No. 132. ' 678 McKNIGHT, VENEERS, INC. 6179 of which about $10,000 in value come from sources outside the State of Arkansas. Of the Company's finished products, about 95 percent is shipped to points outside the State of Arkansas. The Company admits that it is engaged in commerce within the meaning of the National-Labor Relations Act. IT. THE ORGANIZATION INVOLVED International Woodworkers 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 The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of the Company's em- ployees until the Union has been certified by the Board in an appro- priate 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 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 We find, in substantial agreement with the position of the parties, that all production and maintenance employees of the Company, in- cluding the watchman, but excluding clerical employees and all super- visory 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 pur- poses 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 ariseii 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 herein, subject to the limitations and additions set forth in the Direction. 2 The Field Examiner reported that the Union submitted 67 authorization cards, 36 of which boi e the names of persons appearing on the Company's pay roll, which contained the names of 105 employees in the appropriate unit. 680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions 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 McKnight Veneers, Inc., Helena, Arkansas, 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 Fifteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject, to Article III, Sec- tions 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 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 Woodworkers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. 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