Dierks Lumber & Coal Co.

t In the Matter of DIERKS LUMBER & COAL COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA-CIO Case No. R-5226.-Decided May 6,1943 Mr. Charles E. Whittaker, of Kansas City, Mo., and Mr. Albert Cook, of DeQueen, Ark., for the Company. Mr. Lloyd C. Welch, of DeQueen, Ark., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Woodworkers of Amer- ica-CIO, herein called the Union, alleging that It question affecting commerce had arisen concerning the presentation of employees of Dierks Lumber & Coal Company, Dierks, Arkansas, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before J. Michael Early, Trial Exam- iner. Said hearing was held at DeQueen, Arkansas, on April 22, 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 on the issues. The Trial Examiner's 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 Dierks Lumber & Coal Company, a Delaware corporation, owns and operates four sawmills which are located in Mountain Pine and Dierks, Arkansas, and Broken Bow and Wright City, Oklahoma. We are concerned herein with the Company's operations at Dierks, Arkansas. All lumber used at the Dierks mill involved herein comes 49 N. ' L. R. B., No. 75. 539 540 DEiOESIONS OF NATIONAL LABOR RELATIONS BOARD from within the State of Arkansas from land owned by the Company or is delivered to the Company pursuant to contracts between the Company and third persons. Approximately 60 percent of all fin- ished products produced at the Dierks mill is shipped to points outside the State of Arkansas. The Company .is engaged in defense work and supplies materials to the Government under direct contract and subcontract. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. If. THE ORGANIZATION INVOLVED International Woodworkers of America is a' labor organization af- filiated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company met with an agent of the Board on or about April 2, 1943, after the petition in the instant case had been filed, and re- fused to agree to a consent election upon the terms proposed at that meeting.' A statement of the Trial 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 The Union contends; without objection by the Company,3 that all employees of, the Company at the Dierks, Arkansas, plant, including watchmen, mill and logging employees, and truck drivers,, but ex- cluding the superintendent, foremen, assistant foremen, dry kiln op- erator, shipping clerk, head machinist, head electrician, head saw filer, plant engineer, civil engineer, and all clerical and store employees, constitute a unit appropriate for the purposes of collective bargaining. In the absence of any prior bargaining, history disclosed by the record or any contention with respect to the inappropriateness of the unit sought, we find that all employees of "the Company engaged at the Dierks`, Arkansas, plant, including truck drivers, mill and logging I These terms were not disclosed at the hearing. 2 The Trial Examiner reported that the Union submitted 245 application cards bearing apparently genuine original signatures , of which 220 bear names of persons appearing upon the Company's pay roll of April 13 , 1943. This pay roll contained 373 names in the appropriate unit 8 At the hearing the Company stated that it did not desire to make any contention what- soever with regard , to the appropriateness of any unit. DIERKS LUMBER & COAL COMPANY 541 employees , and watchmen , but excluding the superintendent , foremen, assistant foremen, dry kiln operator , shipping clerk, head machinist, head electrician , head saw filer, plant engineer, civil engineer, and all clerical and store 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 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 our Direction of Elec- tion, subject to the limitations and additions set forth therein. 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 Dierks Lumber & Coal Company, 'Dierks, Arkansas, 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, Section 10, 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 any such 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 Interna- tional Woodworkers of America , affiliated with the Congress of In- dustrial Organizations, for the purposes of collective bargaining.