Amos-Thompson Corp.

National Labor Relations Board - Board Decisions

May 4, 1943

49 N.L.R.B. 423 (N.L.R.B. 1943)

i
In the Matter of AMOS-THOMPSON CORPORATION and UNITED VENEER
AND LUMBER WORKERS L. I. U., AFFILIATED WITIi THE C. I. O.
Case No. R-J135 .Decided May 4, 1943
Mr. Wilbur F. Pell, of Shelbyville, Ind., for the Company.
Mr. Howard L. McNamara, of Indianapolis, Ind., for the Union.
Miss Melverm R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
' STATElNENT OF THE CASE
Upon petition duly filed by United Veneer and Lumber Workers
L. I. U., affiliated with the C. I. 0., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Amos-Thompson Corporation, Edinburg,
Indiana, herein called the .Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
John J. Manning, Trial Examiner. Said bearing was held at Edin-
burg, Indiana, on April 7, 1943. The Company and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Company filed an application for a sub-
poena duces tecum in which it requested that the Union be required
to produce a copy of*its constitution and bylaws, all its books, records,
and papers relating to union membership of and to the dues, fees,
and assessments received from employees of the Company during the
6 months preceding April 7, 1943; all resignations from membership,
all removals from membership, and all applications for membership
of employees of the Company for the same period. The Trial Ex-
aminer required that a copy of the constitution and bylaws be
produced, which the Union agreed to and did produce. The Trial
Examiner denied the balance of the application. The Trial Exami-
ner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
On April 13, 1943, the Company filed a brief which the Board has
considered.
49 N. L. R B., No. 55.
423
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Amos-Thompson Corporation, a corporation, is engaged in Edin-
burg, Indiana, in the manufacture of -lumber, veneers; gunstocks, and
plastic products. The Company purchases annually raw materials,
valued in excess of $100,000, approximately 75 percent of which-is
shipped to the -Company from points outside the State of Indiana.
The Company manufactures finished products annually, valued in
excess of $100,000, of which in excess of 75 percent is sold and shipped
by the, Company to points outside the State of Indiana.
H. THE ORGANIZATION INVOLVED
United Veneer and Lumber Workers, L. I. U., is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company in the sawmill,
veneer, and gunstock departments. •
III. THE QUESTION, CONCERNING REPRESENTATION
On February 26, 1943, the Union notified the-Company by letter
that it represented a majority of the Company's employees, and re-
quested a conference for the purpose of collective bargaining negotia-
tions. On March 2, 1943, counsel for, the Company notified the Union
that the manager of the Company was out of town, and that upon his
return the Union's request would be taken up with him.' On March
2, 1943, the Union filed its petition, which was amended on March 23,
1943. The Company at the hearing stated that it did not recognize
the Union as the sole exclusive bargaining agent for its employees in
the unit it sought to establish, ,or the unit the Company contends is
appropriate.
A statement prepared by a Field Examiner of the Board, intro-
duced in evidence at the hearing, indicates that the Union represents,
a substantial number of employees in. the .unit hereinafter found to be
appropriate.' . •
i The Field Examiner reported that the Union presented 66 memberst