W. R. Wrape Stave Co.

National Labor Relations Board - Board Decisions

Jan 2, 1945

59 N.L.R.B. 1381 (N.L.R.B. 1945)

In the Matter of W. R. WRAPE STAVE COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA , AFFILIATED WITH CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. 15-R-1236.-Decided January 2, 1945
Mr. George Kamenow, of Detroit, Mich., and Mr. D. K. Hawthorne,
of Little Rock, Ark., for the Company.
Mr. Lloyd C. Welch, of Little Rock, Ark., for the Union.
Miss Ruth Rusch, of counsel to the Board.
DECISION=
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Woodworkers of Amer-
ica, affiliated with Congress of Industrial Organizations, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of W. R. Wrape Stave
Company, Little Rock, Arkansas, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Laurence H. Whitlow, Trial Examiner. Said
hearing was held at Little Rock, Arkansas, on December 4, 1944. The
Company and the Union appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross- examine
witnesses and to introduce evidence bearing on the issues. At the
hearing, the Company moved to dismiss the Union's petition on the
ground that there has been no proof of interest of its employees in the
Union. The Trial Examiner reserved ruling on the Company's mo-
tion for the Board's determination. For reasons stated in Section III,
infra, the Company's motion is hereby denied. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
59 N. L. R. B., No. 255.
1381
1382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is an Arkansas corporation engaged in the manufac-
ture of staves for barrels and dimension stock. The Company's pur-
chases amount to more than $100,000 in value annually, all of,which
are made within the State of Arkansas. The finished products amount
to more than $200,000 in value annually, of which 80 percent is shipped
to points outside the State of Arkansas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Woodworkers of America is a, labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its production and mainte-
nance employees until the Union has been certified by the Board in an
appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates 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
\c,f Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance, with the stipulation of the parties and-the
record, that all production and maintenance employees of the Com-
pany at its Little Rock, Arkansas, plant, excluding woods crew, clerical
employees, watchmen, engineers, lumber inspectors, superintendents,
foremen, subforemen, and all other supervisory employees with au-
thority to hire,.promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
' The Field Examiner reported that the Union submitted application for membership
cards , 71 of which bore the names of persons listed on the Company ' s pay roll , which con-
tained the names of 124 employees in the appropriate unit. The cards were dated : 18 in
July 1944 , 13 in August 1944, 37 in September 1944, and 3 in October 1944. In view of
the Union ' s showing , we have denied the Company 's motion to dismiss the petition. The
Company demanded , as an alternative to its motion , that the Union's cards be introduced
into evidence The Trial Examiner correctly denied this request. See Matter of H. a.
]fill Stores , Inc. Warehouse, 39 N. L. R B. 874.
W. R. WRAPE STAVE COMPANY 1383
action, constitute 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 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.
J
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-
tio''s Act, and pursuant to Article III, Section`9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended,, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with W. R. Wrape
Stave Company, Little Rock, Arkansas, 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 super-
vision of the Regional Director for the Fifteenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, 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 the said pay-roll period because they were ill or on vaca-
tion 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 and have not been rehired or reinstated prior to the date of
the election, to determine whether or not they desire to be represented
by International Woodworkers of America, affiliated with Congress
of Industrial Organizations, for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.