Welsh Lumber Co.

National Labor Relations Board - Board Decisions

Aug 9, 1941

34 N.L.R.B. 113 (N.L.R.B. 1941)

In the Matter of WELSH LUMBER COMPANY and INTERNATIONAL WOOD-
WORKERS OF AMERICA
Case No. R-2826.-Decided August 9, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. William E. Spencer, for the Board.
Mr. J. W. Welsh of Memphis, Tenn., for the Company.
Mr. William R. Henderson, of Memphis, Tenn., for the I. W. A.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 1, 1941, International Woodworkers of America, affiliated
with the Congress of Industrial Organizations, herein called the
I. W. A., filed with the Regional Director for the Tenth Region (At-
lanta, Georgia) a petitioh alleging that a question affecting commerce
had arisen concerning the representation of employees of Welsh Lum-
ber Company, herein called the Company, engaged in the manufac-
ture, distribution, and sale of hardwood lumber at Memphis, Tennes-
see, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On June 25, 1941, 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 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice. On July
8, 1941, the Company, the I. W. A., and a Field Examiner for the
Board, entered into a "STIPULATION FOR CERTIFICATION
UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on July 18, 1941, under the direction and supervision of the
.Regional Director, among all the production and maintenance em-
ployees of the Company at its Memphis, Tennessee, plant, exclusive
34 N. L. R. B., No. 16.
113
114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of supervisory and clerical employees, inspectors, engineers, watch-
men, and mechanics, to determine whether or not they desired to be
represented by International Woodworkers of America for the pur-
poses of collective bargaining. On July 22, 1941, the Regional Di-
rector issued and duly served upon the parties his Election Report on
the ballot. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
In his Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total number eligible--------------------------------------------------- 60
Total ballots cast------------------------------------------------------- 53
Total number ballots cast for International Woodworkers of America
- (C. I. O.)------------------------------------------------------------ 53
Total number ballots cast against International Woodworkers of America
(C. I. O.)--------------------------------------------- --------------- 0
Total number challenged ballots----------------------------------------- 0
Total number void ballots----------------------------------------------- 0
Total number of blank ballots------------------------------------------- 0
Upon the basis of the Stipulation and Election Report and the en-
tire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Welsh Lumber Company, Memphis, Ten-
nessee, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All the production and maintenance employees of Welsh Lum-
ber Company at its Memphis, Tennessee, plant, exclusive of super-
visory and clerical employees, inspectors, engineers, watchmen, and
mechanics, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. International Woodworkers of America, affiliated with the Con-
gress of Industrial Organizations, has been designated and selected
by a majority of the employees in the above unit as their representa-
tive for the purposes of collective bargaining and is the exclusive
representative of all employees in said unit within the meaning of
Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, _
WELSH LUMBER COMPANY 115
IT is HEREBY CERTIFIED that International Woodworkers of America,
affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of all the production and
maintenance employees of Welsh Lumber Company at its Memphis,
Tennessee, plant, exclusive of supervisory and clerical employees, in-
spectors, engineers, watchmen, and mechanics, as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
the provisions of Section 9 (a) of the Act, International Woodworkers
of America, affiliated with the Congress of Industrial Organizations,
is the exclusive representative of all such employees for the purposes
of collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.