Carolina Container Co.

National Labor Relations Board - Board Decisions

Mar 15, 1943

48 N.L.R.B. 54 (N.L.R.B. 1943)

In the Matter of CAROLINA CONTAINER COMPANY and UNITED FURNI-
TURE WORXERS OF AMERICA, C. I. O.
'Case No . B-41961.-Decided March 15, 1943
Jurisdiction : container manufacturing industry
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize the union until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : production employees including me-
chanics but excluding clerical employees,- supervisory employees, firemen, and
the shipping clerk.
Brooks, McLendon cC Holderness, by ,Mr. L. P. McLendon, of
Greensboro, N. C., for the Company.
Mr. D. H. Woodall, of High Point, N. C., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Furniture Workers of America,
C. I. O., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Carolina Container Company, High Point, North Carolina, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing • upon due notice before Anthony E.
Molina, Trial Examiner. Said hearing was held at High Point,
North Carolina, on March 5, 1943. The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made
at the-hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Carolina Container Company is a North Carolina corporation with
its principal place of business at High Point, North Carolina, where
48 N. L. R. B., No. 12.
54
CAROLENA CONTAINER COMPANY 55
it is engaged in the manufacture of corrugated board anc?boxes. The
company purchases raw materials valued at about $650,000, annually;
approximately 85 percent of which is shipped to it from points outside
the State of North Carolina. It sells finished products valued at
about $1,000,000, annually, approximately 15 percent of which' is
shipped to points outside the State of North Carolina.
II. THE ORGANIZATION INVOLVED
United. Furniture Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. 'THE QUESTION CONCERNING REPRESENTATION
During February 1943, the Union, claiming to represent a majority
of the Company's employees, requested the Company to recognize
it as the exclusive representative of such employees. The Company
refused this request until such time as the Union is certified by the
Board.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate?
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production employees of the Company, including mechanics, but
excluding clerical employees, supervisory employees, firemen, and the
shipping clerk, constitute a unit appropriate for the purposes of col-
lective 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 arisen be resolved by means of an election by secret ballot among
the employees 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.
1 The Regional Director reported that the Union presented 39 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company 's pay roll
of February 8,1943. There are approximately 60 employees in the appropriate unit.
,56 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 Rela-
tions Act, and pursuant to Article III, Section 9, of the National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation- to ascertain representa-
tives for the purposes of collective bargaining with Ca' olina Con-
,tainer Company, High Point, 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 Relations Board, and
subject to Article III, Section 10, 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 any such 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 , to determine whether or not they desire to be
represented by United Furniture Workers of America, C. I. 0.,
for the purposes of collective bargaining.