United Timber and Lumber Co.

National Labor Relations Board - Board Decisions

Sep 2, 1943

52 N.L.R.B. 367 (N.L.R.B. 1943)

In the Matter Of UNITED TIMBER AND LUMBER Co. and INTERNATIONAL
WOODWORKERS OF AIIERICA, C. I. O.
Case No. R4877.Decided September 2,1943
Mr. George Kamenow, of Detroit, Mich., and Mr. Philip D. Houston,
of Memphis, Tenn., for the Company.
Mr. J. W. King, Sr., of Memphis, Tenn., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Woodworkers of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees
of United Timber and Lumber Co., Waltersville, Mississippi, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Earl S. Bellman,
Trial Examiner . Said hearing was held at Vicksburg, Mississippi,
on August 20, 1943. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. At the close of the hearing counsel for the Company moved
to dismiss the petition. The Trial Examiner reserved ruling. The
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 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
United Timber and Lumber Co. is a copartnership with its principal
place of business at Waltersville, Mississippi, where it is engaged in
52 N. L. R. B., No. 53.
367
368 DIECISEOONS OAF NATIONAL LABOR REELATIONS BOARD
the timber and lumber business. The Company purchases logs
valued in excess of $100,000 annually, approximately all of which
are shipped to it from points within the State of Mississippi. During
the same period the Company sells products valued in excess of
$150,000, about 60 percent of which is shipped to points outside the
State of Mississippi. The Company admits it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Woodworkers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates 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
The Union urges that all production and maintenance employees
at the Waltersville plant of the Company, excluding clerical and
supervisory employees, constitute an appropriate unit. The only con-
troversy with respect to the unit concerns firemen and watchmen.
The Company employs three persons classified by it as firemen
and watchmen. The Union urges that they be included in the unit
and the Company that they be excluded. The firemen and watchmen
fire the boilers and maintain steam pressure throughout the plant. In
addition they punch watch clocks throughout the plant. The firemen
and watchmen are not sworn as auxiliary United States Military
Police. Under the circumstances we shall include the firemen and
watchmen in the unit.
We find that all production and maintenance employees at the
Waltersville plant of the Company, including firemen and watchmen,
but excluding clerical employees and all supervisory employees with
1 The Regional Director reported that the Union presented 34 membership application
cards bearing apparently genuine signatures . There are approximately 50 employees in
the appropriate unit. No check was made of the cards against a pay roll of the Company-
because of the Company 's failure to produce its pay roll.
UNITED TIMBER'AND LUMBER Co. 369
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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election 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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United Timber
and Lumber Co., Waltersville, Mississippi, 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 immedi-
ately 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, to determine whether or not they desire to be represented
by International Woodworkers of America, affiliated with the C. I. 0.,
for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.