The Connor Lumber and Land Co.

National Labor Relations Board - Board Decisions

Sep 15, 1943

52 N.L.R.B. 641 (N.L.R.B. 1943)

In the Matter of THE CONNOR LUMBER AND LAND Co . and INTERNA-
TIONAL WOODWORKERS OF AMERICA, LOCAL No. 125, CIO
Case No. 18-R-799.-Decided September 15, 1943
Mr. 0. S. Hoebreckx, of Laona, TVis., for the Company.
Messrs. Edward J. Lambert and Henry Strauch, of Laona, Wis., for
the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Woodworkers of America,
Local No. 125, affiliated with the C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of The Connor Lumber and Land Co.,
Laona, Wisconsin, herein called the Company, the National Labor.
Relations Board provided for an appropriate hearing upon due notice
before Robert R. Rissman, Trial Examiner. Said hearing was held
at Laona, Wisconsin, on August 30, 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
evidence bearing upon the issues. The Trial Examiner's rulings made
-at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
t
The Connor Lumber and Land Co. is a Wisconsin corporation, hav-
ing its principal office and place of business at Laona, Wisconsin. The
Company is engaged in the manufacture, sale, and distribution of
lumber and wood products, including furniture and lumber byproducts.
The present proceeding involves the Company's operations at Laona,
Wisconsin. During the period from September 1, 1941 to August 31,
52 N. L. B. B., No. 110.
641
642 DECISIONS OF NA!TION'AL LABOR RELATION'S BOARD
1942, the Company received 191,544 tons of logs and lumber at its
Laona, Wisconsin, operations, 10,868 tons of which were received from
places outside the State of Wisconsin. During the same period, the.
Company shipped 73,411 tons of finished products from its Laona op-
erations, 49,416 tons of which were shipped to places outside the State
of Wisconsin. The Company admits that it is engaged in commerce
within the meaning, of the National Labor Relations Act.
II. THE-ORGANIZATION INVOLVED
International Woodworkers of America, Local No. 125, affiliated
with the Congress of Industrial Organizations, is a labor organization,
admitting to membership employees of the Company. -
III. THE QUESTIONS CONCERNING REPRESENTATION
On July 27, 1943, the Union requested recognition as bargaining
representative for the production and maintenance employees in Camps
Numbers 43 and 44 of the Company's Laona operations. The Com-
pany refused to grant such recognition unless and until the Union was
certified by the Board.
A statement of the Regional Director, introduced into evidence, in-
dicates that the Union represents a substantial number of employees
in the unit hereinafter found to be 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
We find, in substantial accordance with a stipulation of the parties,
that all employees of the Company employed at Camp No. 43, near
Crandon, Wisconsin, and Camp No. 44, near Newald, Wisconsin, ex-
cluding clerical employees, timekeepers, camp foremen, saw-bosses,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute ^ unit ap-
propriate 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-
3 The Regional Director 's statement shows that the Union submitted 100 application
cards, 58 of which bear apparently genuine signatures and names of persons on the
Company's pay roll of August 1, 1943 . The Union also submitted a petition signed by 29
persons The names of 13 persons on the petition also appear on the Company's pay
roll of August 1, 1943. There are 148 employees in the appropriate unit.
THE -CONNOR LUMBER AND LAND Co. 643;
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion herein, subject to the limitations and additions set forth in said.
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-
DrxECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Connor Lum-.
ber and Land Co., Laona, 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, under the direction and supervision
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, Sections 10 and 11, 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 employees who did not work during
said pay-roll period because they were ill or on vocation 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 International Wood--
workers of America, Local No. 125, affiliated with the C. I. 0., for the
purposes of collective bargaining.
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