Meadow River Lumber Co.

In the Matter Of MEADOW RIVER LUMBER Co. and UNITED BROTHERHOOD OF CARPENTERS AND'.JOINERS OF AMERICA, LOCAL No. 2528 In the Matter Of MEADOW RIVER LUMBER Co. and UNITED CONSTRUCTION WORKERS, DIVISION OF DISTRICT 50, UNITED MINE WORKERS OF AMERICA Cases Nos. R-4967 and R-4968 respectively.-Decided March. X5,194•: Jurisdiction : lumber industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives; recognition agreement, made subject to the approval of regional director, and executed with knowledge of rival claim of representation, found no bar ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees with specified inclusions and exclusions. Mr. H. L. Gray, of Rainelle, W. Va., for the Company. Mr. Joe Boyd, for the Carpenters. Mr. C. Russell Turner, for the U. M. W. Miss Muriel J. Levor, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petitions duly filed by United Brotherhood of Carpenters and Joiners of America, Local No. 2528, herein called the Carpenters,•and United Construction Workers, Division of District 50, United Mine Workers of America, herein called the U. M. W., each alleging that a question affecting commerce had arisen concerning the representation of employees of Meadow River Lumber Co., Rainelle, West Virginia, herein called the Company, the National Labor -Relations Board pro- vided for an appropriate consolidated hearing upon due notice before Thomas E. Shroyer, Trial Examiner. Said hearing was held at Rainelle, West Virginia, on March 5, 1943. The Company, the Car- penters, and the U. M. W. appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, -and to introduce evidence bearing on the issues. The Trial Examiner's 48 N L R'B, No 66. 521247-43-vol 48-35 - 531 532- DECISIONS OF NATIONAL LABOR RELATIONS, BOARD rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following: - FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Meadow River Lumber Co., a West Virginia corporation, .has its office and place of business at Ilainciie, West Virginia, where it is engaged in logging operations and tire manufacture of lumber and lumber products. 'The Company owns and operates vocal logging railroad lines and annually constructs an additional 10 miles in connec- tion with its logging operations. The timber from these operations is pr ccessed at the Company's sawinmll and lumber mill ; and; semi- fabricated forms and finished products, such as furniture, are turned out by the Company's furniture ,and shoe-heel factories. The Com- pany also operates a machine shop, a retail outlet, and a powerhouse which provides power not only for the Company's operations;' but also for the town of Rainelle, for coal mines; for _a railroad no longer owned by the Company, and for the railroad town. During the year 1912 the Company manufactured approximately 40,000,000 board feet of lumber, about 85 percent of which was shipped to points out- side the State of West Virginia, in various forms from lumber to finished products. I , II. TILE ORGANIZATIONS INVOLVED United Brotherhood of Carpenters and Joiners of Ainerica, Local No. 2528, is a labor organization affiliated with the American Federa- tion of Labor, admitting to membership employees of the Company. -United" "Construction Workers, Division 'of District 50, United =Mine=Workers of,'America, is a_ labor organization admitting to, membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION 'For a number of years the Carpenters has had annual contracts with the Company, recognizing it as the representative of those of the Company's employees who were its in The last such con- tract expired December 2, 1942, and was not renewed because, the Carpenters desired recognition as exclusive bargaining agency. While-negotiations were pending, the Carpenters filed its petition in this proceeding. The Company finally acceded to the desire of the Carpenters, and a recognition agreement, subject to, the, approval 'MEADOW RIVER;'LUMBER CO. 533 of the' Regionah Director, was signed on January 28, 1943, by the Company'and the Carpenters. It appears that -the U. M. W. began organizing activities ' in December 1942, that it notified the Board's Cincinnati cffice of its claims to representation and showed application for nielnbership cards to the Field Examiner- sometime early in.January. A repre- sentative of the Company testified that the Field Examiner informed it of the U. M. W.'s claims about January 28, at the time the recogni- tion agreement was executed. The U. M. W. filed its petition herein 'on, February 15,. 1943: - Furthermore, there is no -evidence' in, the record to sliow-that the approval of the Regional Director, required by the agreement of January 28, was ever given. ' Under these circumstances,, we hold the recognition agreement is no bar to an investigation of representatives. A statement of the Field Examiner, introduced in evidence at the hearing, indicates that the Carpenters and the U.'M. W. each repre- sents a substantial number of employees in the unit hereinafter found appropriate.' r We find that a question affecting commerce has arisen concernhi the representation of employees of the Company, within' the meaning of Section `9 (c) and Section 2 (6) and (7) of the National Labor Relations' Act.` i IV. THE APPROPP,IATE UNIT The parties are agreed that the unit should consist of the Company's production and maintenance employees, excluding clerical, salaried, and 'supervisory employees. The sole controversy concerns power- house employees, whorl both unions,desire included, but whom the Company contends should be excluded on the ground that since :ts powerhouse employees supply power for two towns, two railroads, and some coal companies in addition to the Company's operations, the powerhouse 'is a, public utility. The powerhouse employees have been includecLiwith the:, other -employees of' the Company throughout the Company's bargaining history, and they were included in the' unit provided for in the agreement of January 28, 1943. Moreover, both unions have organized them and desire- their inclusion. We find that they should *be included in the unit. Accordingly, we find that till production and maintenance employees of the Company, including the woods crew, the regular railroad and the railroad construction crews, the workers in the lumber mill, saw- 3 The Field Examiner reported that the Carpenters submitted 238 designations , of which 213, all 1liearjdg• apparently genuine original signatures, correspond with names on the Company's payroll of January 8 , 1943, which contains 421 names. The Field Examiner' also reported that the U . M. W submitted 213 card's,•alI of them bearing apparently genuine original signatures which correspond with names on the aforesaid pay roll. 534 'DECISIONS OF NATIIONAL LABOR RELATIONS BOARD mill, furniture, and shoe-heel factories, the machine shop, the retail outlet, and the powerhouse, but excluding office , clerical, salaried, and supervisory employees, 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•Relations 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 Meadow River Lumber Co., Rainelle, West Virginia, 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 Ninth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section' 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were em- ployed 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 those em- ployees who have since quit or been discharged for cause, to determine whether they desire,to be represented by United Brotherhood of 'Car- penters and Joiners of America, Local, No. 2528 affiliated with the American Federation of 'Labor, or by United Construction Workers, Division of District 50, United Mine Workers-of America, for the pur- poses of collective bargaining, or by neither.