Robbins Flooring Co.

National Labor Relations Board - Board Decisions

Mar 3, 1943

47 N.L.R.B. 1278 (N.L.R.B. 1943)

In the Matter Of ROBBINS FLOORING COMPANY and LOCAL 12-261, INTER-
NATIONAL WOODWORKERS OF AMERICA, CIO
Case No. R-4858.-Decided March 8, 1943
Jurisdiction : flooring manufacturing industry.
Investigation and Certification of Representatives : existence of question : recog-
nition refused without prior certification of the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees' of company at its Rhinelander plant, with specified exclusions.
Mr. 0. S. Hoebreckx, of Rhinelander, Wis., for the Company.
Mr. Clifford Baker, of Rhinelander, Wis., for the Union.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
-STATEMENT OF THE CASE
Upon an amended petition duly filed by Local 12-261, International
Woodworkers of America, CIO, herein called the Union, alleging that
a question affecting commerce had arisen concerning the representation
of employees of Robbins Flooring Company, Rhinelander, Wisconsin,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Clarence A.
Meter, Trial Examiner. Said hearing was held at Rhinelander, Wis-
consin, on February 9,1943. , The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and hereby affirmed.
Upon the entire record in the case,, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Robbins Flooring Company, a Wisconsin corporation, has its princi-
pal office at Rhinelander, Wisconsin. The Company operates mills at
Newberry, Michigan, and at Rhinelander, Wisconsin. The Company's
47 N. L. R. B., No. 159.
1278
Is
ROBBINS FLOORING COMPANY 1279
Rhinelander mill, with which we are alone here concerned, is a flooring
factory and consists of the main manufacturing plant, a power plant,7 In
dry kilns, a warehouse ; the office and a lumber yard. The Rhinelander
flooring factory uses approximately $750,000 of lumber annually, of
which about 15 percent is shipped from points outside the State of
Wisconsin.- The value of the finished products of the Company, mostly
manufactured hardwood flooring, together with some dimension
lumber, amounts to over $1,000,000 annually, of which approximately
95 percent is shipped to points outside,the State of Wisconsin.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Local 12-261; International Woodworkers 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
On or about December 23, 1942, the Union requested recognition of
the Company as sole bargaining agent. The Company refused in a
letter dated January 2, 1943, unless and until the Union is duly certified
as such by the Board.
A statement of the Regional Director, introduced in evidence at the
hearing, together with a statement of the Trial Examiner made at the
hearing, indicate that the Union represents a substantial number of
employees in the unit hereinafter found 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 parties agreed at the hearing as to the composition of the
appropriate unit, as described more fully below, except that they
differed as to whether or not the head filer should be included. The
Company desires that the head filer be included, whereas the Union
urges that he be.excluded from the appropriate unit.
The head filer's duties are to maintain the cutting equipment for all
the machines, and to make special knives and special patterns. He does
much of his work in a separate room, but also works in the factory
1 The Regional Director reported that the Union had submitted 44 designations, of
which 37 were dated November 1942 and 2 undated , all bearing apparently genuine original
signatures coriesponding with names on the Company 's pay roll of January 16, 1943, con-
taining a total of 85 names within the appropriate unit. The Trial Examiner reported
that the Union submitted ' 2 additional designations both bearing apparently genuine
original signatures i%hich correspond with names on the aforesaid pay roll.
1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
proper around the machines when difficulties arise. He also inspects
the machinery involved in the operation of the-saws. When the
Company is very busy and an additional man is put on in the filing
room, the head filer has the power to recommend his hire and discharge.
The head filer is responsible directly to the superintendent of the mill;
his status is equal to that of the head engineer and the head main-
tenance`man, whom the parties agreed to exclude. Although the head
filer is hourly paid, so are several other of the excluded supervisory
employees, including the head engineer and head maintenance man
mentioned above. The head filer of the Company's other mill, whose
status is the same as that of the employee here contested, is excluded
from the coverage of the contract for that mill. We find that the head
filer performs duties functionally different from the duties of the
production and maintenance employees ' and furthermore that his
status is that of a supervisory•visor employee. We shall accordingly exclude
,him from the unit. I
We find that all production and maintenance employees of the
Company at its Rhinelander, Wisconsin, flooring factory, excluding
the head filer, the millwright, chief engineer, truck driver, watchman,
inspectors, foremen, and office and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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'Robbins Flooring
Company, Rhinelander, Wisconsin, 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 of Election, under the,direction and
supervision of the Regional Director for the Twelfth Region, acting in
this natter as agent for the- National Labor Relations Board, and
subject to Article,III, Section 10, of said Rules and Regulations,
ROBBbNS FLOORING COMPANY 1281
among the-employees of the Company 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, to determine whether or not they desire to be "represented
by Local 12-261, International Woodworkers of America, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.
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