Sabine Lumber Co.

National Labor Relations Board - Board DecisionsDec 30, 1944

59 N.L.R.B. 1349 (N.L.R.B. 1944)

In the Matter Of SABINE LUMBER COMPANY and LOCAL 2507, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, A.- F. L. Case No. 15-R-1238.-Decided December 30, 1944 Mr. John S. Pickett, of Many, La., for the Company. Messrs. S. D. Holt and John Howat, of Shreveport, La., for the Union. Mr. Louis A4onas, of counsel to the Board. DECISION -AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Local 2507, United Brotherhood of Carpenters and Joiners of America,'A. F. L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Sabine Lumber Company, Zwolle, Louisiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Laurence H. Whitlow, Trial Examiner. Said hearing was held at Shreveport, Louisiana, on December 2, 1944. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examiIie and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing, the Trial Examiner reserved ruling on the Company's motion to dismiss the petition. For reasons set forth in Section III, infra, this motion is 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. Subsequent to the hearing, the Company moved to adduce additional evidence. The motion is denied for reasons set forth in Section III, infra. Upon the entire record in the case, the Board- makes the following: FINDINGS OF FACT I. THE BUSINESS OF TIIE COMPANY Sabine Lumber Company, a Louisiana corporation, has -its princi- pal office and place of business at Zwolle, Louisiana, where it is en- 59 N. L. R. B., No. 247. 1349 1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gaged in the general sawmill and lumber business. From January to September 1944, the Company processed approximately 7,000,000 board feet of lumber, most of which was shipped to points outside the State of Louisiana. Raw materials used by the Company are ob- tained from within that State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Local 2507, United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company., III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its 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.2 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 In substantial accordance with the stipulation of the parties, we find that all employees of the Company at its Zwolle, Louisiana, plant, excluding clerical employees, and all supervisory employees with 1 It is clear from the record that the Union is a labor organization within the meaning of the Act 2 The Field Examiner reported that the Union submitted 70 application cards dated September 23, 1944 , and that there are 140 employees in the unit alleged to be appropriate. The Field Examiner's report was admitted into evidence over the Company ' s objection, which was based upon the grounds that the report was hearsay evidence, and that the Company was not afforded an opportunity to examine the application cards upon which the report was predicated or to cross-examine the Field Examiner who made the report. It appears that the additional evidence which the Company wishes to adduce relates to the cards and the Field Examiner's report. Apparently, the Company misconceives the pur- pose of the Board ' s requirement that a petitioning union submit evidence that it represents a substantial number of employees , as well as the purpose of the report of the Board's agent embodying his findin gs 'concerning a petitioning union ' s representation showing. These matters. are merely administrative expedients which enable the Board to determine for itself whether or not further proceedings are warranted` See Matter of Buffalo Arms Corporation, 57 N L. R. B. 254. Consequently , the Company ' s motion to adduce additional evidence is denied. Inasmuch as we are convinced that the Union 's showing of representation is substantial, the Company's motion to dismiss the petition, apparently based upon the ground that the showing made by the Union is inadequate , is also denied. SABINE LUMBER COMPANY 1351 authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such 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. 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Sabine Lumber Company, Zwolle, Louisiana, 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 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 Regulations, among the employees in the unit found appropirate 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 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 Local 2507, United Brotherhood of Carpenters and Joiners of America, A. F. L., for the purposes of collective bargaining. CHAIRMAN MILLIs took no part in the consideration of the above Decision and Direction of Election.