United Timber and Lumber Co.

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.