Huttig Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 21, 1943

48 N.L.R.B. 1478 (N.L.R.B. 1943)

In the Matter Of HUTTIG MANUFACTURING COMPANY and LOCAL 1559,
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,
A. F. L.
Er
Case No. R-5096.-Decided April 21,1943
Jurisdiction : mill work manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord petitioner recognition until certified by the Board ; eligibility de-
termined by customary pay-roll period notwithstanding turnover of personnel ;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including truck drivers and regular part-time employees, but exclud-
ing executives, supervisors, salaried employees, office and clerical employees,
watchmen, and guards.
.Mr. E. Raymond Tipton, of Muscatine, Iowa, for the Company.
Mr. Howard Bennett, of Dubuque, Iowa, for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 1559, United Brotherhood of Car-
penters and Joiners of,America, A. F. of L., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Huttig Manufacturing Company,,
Muscatine, Iowa, herein called the Company, the National Labor Re
lations Board provided for an appropriate hearing upon due notice
before Stephen M. Reynolds, Trial Examiner. Said hearing was held
at Muscatine, Iowa, on March 31, 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-
48 N. L R B., No. 180. S
1478
HUTTIG MANUFACTURING COMPANY . 1479
Upon the entire record' in the case, the Board makes the-following: ;
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
Huttig' Manufacturing Company, a Delaware corporation, with
its principal place of business and plant in - the city of Muscatine,
Iowa, is engaged in the manufacture of various types of millwork.
The Company purchases annually raw materials valued iii excess, of
$20,000, of which approximately 50 percent is received from points
outside the State of Iowa. The sale of the Company's finished prod-
ucts is in excess of $20,000, of which approximately 90 percent is sold-'
and shipped to points outside the State of Iowa. The Company is
engaged, at the preseht' time, in war production to a very substantial
extent, manufacturing ammunition boxes and materials used in de-'
fense housing. ,
We find that the Company is engaged in comii erce within the
meaning of the National Labor Relations Act..
II. THE ORGANIZATION INVOLVED
Local No. 1559, United Brotherhood of Carpenters and Joiners
of America is a labor organization affiliated with the American Fed-
eration of Labor, admitting to membership employees of the
Company. ,
III. THE QUESTION, CONCERNING REPRESENTATION
The Company has refused to recognize the Union as exclusive bar-
gaining representative until there has been a certification by the
Board.
A statement of the Trial Examiner, read into the record, 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
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties. are agreed that the appropriate unit should consist of
production. and maintenance employees including truck drivers but
'The Trial Examiner'stated that the Union, submitted 267 designation cards bearing
apparently genuine original signatures of which 217 bore the names of pe'sons who appear
upon the Company's pay roll of March 27, 1943. The pay roll indicates that there aie 366
employees in the appropriate unit.
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1,480 DECISIONS 'OF' NATIONAL- LABOR - RELATIONS BOARD
excluding. executives; supervisors, salaried employees, office and cleri-
cal employees, watchmen, and guards. There is, however, disagree-
ment with regard to the inclusioui'of a• group of regular part-tine em-
ployees consisting of 50 to 60 hibh school and junior college students
who are employed by the Company after school hours. The Union
contends that these persons ,are temporary employees and should be
excluded from tlie, unit. The Company considers them permanent
employees and would include,them within the unit. The record dis-
closes that these employees work regularly 30 hours per week. _ The
Company treats them as regular permanent employees and accords
them the same treatment as other permanent employees. Under these
circumstances we shall include them within the unit.
In accordance with the foregoing, -we find that all production and
maintenance, employees of the Company including truck drivers and
regular part-time employees, but excluding. executives, supervisors,'
salaried employees, office and clerical employees, watchmen, and
guards, 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, in accordance with our usual procedure, direct that the
question concerning representation which has arisen be resolved by
an election by secret ballot among the employees in the appropriate
unit. The Union contends that eligibility to vote in the election
should be determined as of March 6, 1943, because, due to the turn
over of personnel, its representation may be affected. We do not
regard this circumstance as sufficient reason for departing from our
usual practice, and in accordance therewith, shall direct that the elec-
tion be held among the employees who were employed during the
pay-roll period immediately preceding the data of the Direction of
Election, subject to the limitations and additions set forth therein.
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'pert of the investigation to ascertain represent-
atives for the purpose of collective bargaining with Huttig Manufac
turing Company, Muscatine , Iowa,. 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, winder the direction and supervision
HUTTIG MANUFACTURING COMPANY 1481
of the Regional Director for the Eighteenth 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 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, to determine whether or not they-desire to be represented by
Local 1559, United Brotherhood of Carpenters and Joiners of Amer-
ica, affiliated with the American Federation of Labor, for the purposes
of collective bargaining.
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