Bradley Lumber Company of Arkansas

National Labor Relations Board - Board Decisions

Jul 22, 1939

13 N.L.R.B. 841 (N.L.R.B. 1939)

In the Matter of BRADLEY LIIMBER COMPANY OF ARKANSAS and UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL
UNION 2645, AFFILIATED WITH A. F. OF L.
Case No. R-142-Decided July 22, 1939
Lumber and Lumber Products Manufacturing Industry-Investigation of
Representatives: controversy concerning representation of employees: employer
refuses to recognize petitioning union until it is certified by the Board-Unit
Appropriate for Collective Bargaining: all employees in the divisions of the
Company's plant at Warren, Arkansas, known as saw mill, dry kilns, planing
mill, flooring plant, dimension factory, cut-up plant, yard, hickory mill, power-
house, machine shop, and construction department, excluding clerical and super-
visory employees; stipulation as to-Election Ordered: pursuant to stipulation.
Mr. C. Paul Barker, for the Board.
Mr. Robert L. Hyatt and Mr. D. A. Bradham, of Warren, Ark.,
for the Company.
Mr. Lee Temple, of Warren, Ark., for the Union.
Mr. Langdon West, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 22, 1939, and June 15, 1939, United Brotherhood of Car-
penters and Joiners of America, Local Union 2645, affiliated with
the American Federation of Labor, herein called the Union, filed
with the Regional Director for the Fifteenth Region (New Orleans,
Louisiana), a petition and an amended petition, respectively, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Bradley Lumber Company of Arkansas,
Warren, Arkansas, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On June 14, 1939, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
13 N. L. R. B., No. 90.
841
842 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate hearing upon due notice. On June 17, 1939, the Regional
Director issued a notice of hearing and on June 22, 1939, a notice of
postponement of hearing, copies of which were served upon the Com-
pany and the Union. On June 26, 1939, the Company filed an
answer in which it reserved its right to object to the jurisdiction of
the Board and denied that the Union represented a majority of its
employees in an appropriate unit for the purposes of collective
bargaining.
Pursuant to notice, a hearing was held on June 29, 1939, at Warren,
Arkansas, before Theo R. Bland, the Trial Examiner duly designated
by the Board. The Board, the Company, and the Union participated
in the hearing, the Board and the Company being represented by
counsel, and the Union by its president. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY 1
Bradley Lumber Company of Arkansas, an Arkansas corporation,
with its principal office and place of business at Warren, Arkansas,
is engaged in the manufacture and sale of lumber and lumber prod-
ucts, including oak and pine flooring, and furniture dimensions and
parts. In the course and conduct of its business, the Company causes
and has caused continually for a long period of time more than 5
per cent of the logs, timber, dressed and undressed lumber, and other
raw materials and supplies used in the manufacture of its products
to be purchased and shipped to its plant from points outside the State
of Arkansas. The Company also causes and has continually caused
for a long period of time more than 90 per cent of the oak flooring
and more than 80 per cent of all other products produced by it to
be sold and shipped from its Warren plant to points in States other
than the State of Arkansas and to foreign countries.
In each of the years 1937 and 1938 the Company purchased and
caused to be transported raw materials and supplies totaling in value
between $1,000,000 and $1,600,000. In each of the same years the
Company produced and shipped finished products totaling in value
between $2,000,000 and $3,200,000. The Company admits that it is
engaged in interstate commerce within the meaning of the Act.
The Company employs in excess of 900 workers at its plant in
Warren, Arkansas.
'The findings in this section are based upon a stipulation of facts between counsel for
the Board and the president of the Company.
BRADLEY LUMBER COMPANY OF ARKANSAS 843
II. THE ORGANIZATION INVOLVED
United Brotherhood of Carpenters and Joiners of America, Local
Union 2645, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees engaged
in sawmill and timber work in Bradley County, Arkansas. It claims
to represent 701 of the Company's employees. All parties have stipu-
lated that the Union is a labor organization within the meaning of
Section 2 (5) of the Act.
III. THIS QUESTION CONCERNING REPRESENTATION
The Union's petition and amended petition for investigation and
certification of representatives allege that the Company has refused
and does now refuse to recognize the Union as the representative of
the Company's employees until the Union has been so certified by the
Board. The Company has made no denial of this allegation.
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company,
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated that an appropriate unit for the purposes
of collective bargaining consists of all employees of the Company
regularly employed in the divisions of the Company's plant at War-
ren, Arkansas, known as saw mill, dry kilns, planing mill, flooring
plant, dimension factory, cut-up plant, yard, hickory mill, power-
house, machine shop, and construction department, excluding all cler-
ical and supervisory employees (particularly superintendents, fore-
men, subforemen, block leaders, strawbosses, and timekeepers). It
was further agreed by the parties that the terms "superintendents,
foremen, subforemen, block leaders, straw bosses, and timekeepers"
refer to those employees whose primary duties fall 'within such
classifications.
We, therefore, find that all employees of the Company regularly
employed in the divisions of the Company's plant at Warren, Ar-
kansas , known as saw mill, dry kilns, planing mill, flooring plant,
dimension factory, cut-up plant, yard, hickory mill, powerhouse,
844 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
machine shop, and construction department, excluding clerical and
supervisory employees (particularly superintendents, foremen, sub-
foremen, block leaders, strawbosses, and timekeepers), constitute a
unit appropriate for the purposes of collective bargaining, and that
said unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The parties have stipulated that the Board may order an election.
We find that the question which has arisen concerning the repre-
sentation of employees can best be decided by holding an election by
secret ballot to determine whether or not the employees wish the
Union to represent them. The parties further agreed that the pay
roll for June, 20, 1939, should be used as the basis for determining
eligibility to participate in the election. We find, therefore, that all
employees within the appropriate unit who were on the Company's
pay roll for the period ending June 20, 1939, including employees,
who did not work during such pay-roll period because they were ill
or on vacation, and employees who were then or have since been tem-
porarily laid off, but excluding those employees who have since quit
or been discharged for cause, shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Bradley Lumber Company of Arkansas,
Warren, Arkansas, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Bradley Lumber Company of Arkansas,
Warren, Arkansas, regularly employed in the divisions of its plant
at Warren, Arkansas, known as saw mill, dry kilns, planing mill,
flooring plant, dimension factory, cut-up plant, yard, hickory mill,
powerhouse, machine shop, and construction department, excluding
all clerical and supervisory employees (particularly superintendents,
foremen, subforemen, block leaders, strawbosses, and timekeepers)
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
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-
BRADLEY LUMBER COMPANY OF ARKANSAS 845
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargain-
ing with Bradley Lumber Company of Arkansas, Warren, Arkan-
sas, an election by secret ballot shall be conducted within fifteen
(15) days from the date of this Direction of Election under the
direction and supervision of the Regional Director for the Fifteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all employees of Bradley Lumber Company of
Arkansas, Warren, Arkansas, regularly employed in the divisions of
its plant at Warren, Arkansas, known as saw mill, dry kilns, planing
mill, flooring plant, dimension factory, cut-up plant, yard, hickory
mill, powerhouse, machine shop, and construction department, whose
names appeared on its pay roll of June 20, 1939, including employees
who did not work during such pay-roll period because they were ill
or on vacation, and employees who were then or have since been tem-
porarily laid off, but excluding all clerical and supervisory employees
(particularly superintendents, foremen, subforemen, block leaders,
strawbosses, and timekeepers) and those employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by United Brotherhood of Carpenters and
Joiners of America, Local Union 2645, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.