David R. Webb Co., Inc.

National Labor Relations Board - Board Decisions

Jul 13, 1943

51 N.L.R.B. 294 (N.L.R.B. 1943)

In the Matter of DAVID R . WEBB COMPANY, INC. and UNITED VENEER
& LUMBER WORKERS LOCAL INDUSTRIAL UNION, AFFILIATED WITH
C. I. O.
Case No. R-5601. Decided July 13,1943
Mr. Wilbur F. Pell, of Shelbyville , Ind., and Inez G. Stott , of Edin-
burg, Ind., for the Company.
Mr. Howard L. McNamara , of Indianapolis , Ind., and Mr. Francis
J. Critney , Sr., of Edinburg , Ind., for the Union.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Veneer & Lumber Workers
Local Industrial Union, affiliated with C. I. 0., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of David R. Webb Company,
Inc., Edinburg, Indiana, herein called the Company,' the National
Labor Relations Board provided for an appropriate hearing upon due
notice before William I. Shooer, Trial Examiner. Said hearing was
held at Edinburg, Indiana, on June 25, 1943. The Company and the
Union appeared and participated. All parties were afforded full op-
portunity, to be heard, to examine and cross-examine witnesses, to
introduce evidence bearing on the issues, and to file briefs with the
Board. 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
David R. Webb Company, Inc., is an Indiana corporation engaged
in the manufacture of veneer. Its office and plant are located in
I At the hearing the name of the Company was correctedi to read David It. Webb Com-
pany, Inc., instead of D. H. Webb Company, Inc. We hereby direct that all formal papers.
in the instant case be so corrected.
51 N. L. R. B., No. 60.
294
DAVID R. WEBB COMPANY, INC. 295'
Edinburg, Indiana. During the first quarterly period of 1943, over
$20,000 worth' of material was shipped from points outside the State
of Indiana to the Company's plant at Edinburg. During the same
period, finished products valued in excess of $50,000 were shipped
from the Company's plant at Edinburg to points outside the State of
Indiana. The Company admits that it is engaged in commerce within.
the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Veneer & Lumber Workers Local Industrial Union, affiliated
with the Congress of Industrial Organizations, is a labor organization
.admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 15, 1943, the Union informed the Company that it repre-
sented a majority of its employees and requested a meeting with the
Company at which it could negotiate with respect to wages, hours, and
other conditions of employment. On May 19, the Company, by its
attorney, denied that the Union represented a majority of its
employees.
A statement of the Board's agent, introduced into evidence at the
hearing, 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
The Union seeks a unit composed of all production and maintenance
employees of the Company excluding supervisory and clerical em-
7 The Field Examiner reported that the Union submitted 19 application -for-membership
-cards all of which bore apparently genuine original signatures ; that the names of 17 per-
sons appearing on the cards were listed on the Company 's pay roll of June 1-8, 1943, which
-contained the names of 34 employees in the appropriate unit ; and that the cards were
dated as follows : 4- in February 1943; 1 in March, 4 in April ; and 8 in May 1943
The Company claims.that the Trial Examiner erred in admitting into evidence a state-
ment, signed by himself as Field Examiner , pertaining to the claims of authorization by
the Union . The Company further claims that the Trial Examiner committed error in
ruling that the union organizer could not be cross -examined with respect to the names of
union members . The Company also object to the denial of its application for a subpoena
duces tecwm directing the union organizer to produce authorization cards and other union
records. We find no merit in any of these contentions Section 5 of the National Labor
Relations Act, and Article I, Section 5, and Article III, Section 6, of the National Labor
Relations Board Rules and Regulations contain the authority for designating any agent of
the Board as a Trial Examiner in a case Since the Trial Examiner is empowered to con-
duct an examination into the claims of authorization by a union , it is clear that no error
was committed by admitting into evidence the statement signed by himself as Field
Examiner As to the Company s other objections, see Matter of R H $cskmn ci Sods, 41
N. L. R. B. 187, footnote 3.
296 DECISIONS OF NATIONAL LABOR RELAffIONb5 BOARD
ployees. ' While the Company does not wish to enter into any stipula-
tion with respect to the unit, the answer it "filed indicates that the
Company's desires as to an appropriate unit are identical with those
- of the Union.
We find that all production and maintenance employees of the Com-
pany at its Edinburg, Indiana, plant, but excluding clerical employees,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes 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 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Re-
lations 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 David R. Webb
Company, Inc., Edinburg, Indiana, 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 Ninth 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 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, to
determine whether or not they desire to be represented by United
Veneer & Lumber Workers Local Industrial Union, affiliated with
the Congress of Industrial Organizations, for the purposes of col-
lective bargaining.