Old Dominion Veneer Co.

National Labor Relations Board - Board Decisions

Jan 16, 1943

46 N.L.R.B. 1158 (N.L.R.B. 1943)

In the Matter of OLD DOMINION VENEER COMPANY and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, A. F. of L.
Case No. R-4708.-Decided January 16, 1943
Jurisdiction : veneer and ply-woods manufacturing industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord recognition without certification of the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including leadmen, but excluding supervisory employees, assistant
office manager, stenographer, and watchmen.
Mr. Leonard R. Hall, and Mr. C. J. Stone, of Bristol, Va., for the
Company.
Mr. C. C. Cochran, of Bristol, Va., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
-AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Association of Machinists, A. F. of L., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of ' Old Dominion Veneer Company,
Bristol, Virginia, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Anthony E. Molina. Said hearing was held at Bristol, Vir-
ginia, on January 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 evidence
bearing upon 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:
46 N. L. R. B., No. 137.
1158
OLD DOMINION VENEER COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
1159
Old Dominion Veneer Company is an Indiana corporation with its
principal place of business at Bristol, Virginia, where it is engaged
in the manufacture and sale of veneer and ply-woods. During 1942
the Company purchased raw materials valued at about $185,000,
approximately 55 percent of which was shipped to it from points
outside the State of Virginia. During the same period the Company
sold finished products valued at about $300,000, approximately all
of which were shipped to points outside the State of Virginia.' The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THI ORGANIZATION INVOLVED
International; Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive
representative of the Company's employees until such time as the
Union is certified by the Board.
A statement of. the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of the 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 Act.
IV. THE -APPROPRIATE UNIT
The Union contends that all production and maintenance em-
ployees of the Company, including leadmen, but excluding clerical
and supervisory employees and watchmen, constitute an appropriate
bargaining unit. The Company contends that the unit should be
composed solely of the two mechanics employed,by it. The Company
further urges that in the event the Board grants a larger unit, clerical
employees should be included.,
The Regional Director reported that the Union presented 52 authorization cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll for the period ending October 18, 1942 There are 96 employees on that pay roll
who are in the appropriate unit.
1160 DECISIONS OF` NATIONAL LABOR RELATIONS BOARD
The Company's contention that the unit should be composed solely
of mechanics is based on its belief that only such persons are eligible
to membership in the Union.' The Act accords employees the right to
designate as their representative, any individual or labor organization,
regardless. of their eligibility to membership in that organization.
The Company employs two clerical persons who are in dispute. One
is classed by it as an assistant office manager and the other as •a
stenographer. The Union' contends that such persons should be ex-
cluded from the unit and the Company that they be included. These,
persons are admittedly clerical employees and, since no affirmative
-showing has been made nor any compelling reasons advanced as to,
why we should depart from our usual practice of excluding clerical
employees from units largely composed of production and mainte-
nance employees, we shall,exclude the assistant office manager and
the stenograher from the unit.
We .find that all production and maintenance employees of the
Company, including leadmen, but excluding supervisory 'employees,
the assistant office manager, the' stenographer, and watchmen, con-
stitute a unit, appropriate 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 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.
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 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 Old Dominion.
Veneer Company, Bristol,'Virgi'nia,, 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, Secton 10, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
OLD DOMINION VENEER COMPANY 1161
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
International Association of Machinists, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.