Dierks Lumber & Coal Co.

In the Matter of DIERHS LUMBER & COAL COMPANY and INTERNATIONAL WooDwoRBERs OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. R-585.Decided September 9, 1943 Mr. Carl E. Enggas, of Kansas City, Mo., and Mr. Elbert Cook, of De Queen, Ark., for the Company. Messrs. Lloyd C. Welsh and George Allison, of De Queen, Ark., for the C. I. O. Mr. C. W. Mowery, of Little Rock, Ark., for the A. F. of L. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Woodworkers of America, affiliated with the C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Dierks Lumber & Coal Company, Wright City, Okla- homa, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert F. Proctor, Trial Examiner. Said hearing was held at Idabel, Okla- homa, on August 6, 1943. The Company, the C. I. 0., and United Brotherhood of Carpenters and Joiners of America, affiliated with the A. F. of L., herein called the A. F. of L., 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. 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 I. THE BUSINESS OF THE COMPANY Dierks Lumber & Coal Company, a Delaware corporation, is en- gaged in the manufacture, sale, and distribution of lumber and forest products. The Company operates several mills in the State of Arkan- 52 N. L. R. B., No. 83. 549875-44-vol. 52-35 531 532 DECISIONS OF NATIONAL LABOR RELATION'S BOARD sas and Oklahoma. It is with the Company's operations at Wright City, Oklahoma, that we are concerned in this proceeding. Approx- imately 75 percent of all finished products manufactured at the Wright City mill is shipped to points outside the State of Oklahoma; ap- proximately 600 persons are employed by the Company in its Wright City operations. H. THE ORGANIZATIONS INVOLVED International Woodworkers of America, affiliated with the Con- gress of Industrial Organizations, and United Brotherhood of Car. penters and Joiners of America, affiliated with the American Federa- tion of Labor, are labor organizations admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The C. I. O. desires recognition as sole bargaining representative of the Company's employees at the sawmill and planing mill at Wright City, and the Company has indicated that it would not recognize the C. O. I. as such unless and until it was certified by the Board. A statement prepared by a Field Examiner, introduced in evidence at the hearing, indicates that the C. I. O. represents a substantial Humber 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 National Labor Re- lations Act. IV. THE APPROPRIATE UNIT The parties agree that all production and maintenance employees should be included in the 'appropriate unit. They also agree that supervisory employees, clerical employees, and armed guards and watchmen should be excluded from the unit. There is a controversy, however, in that the C. I. O. seeks a unit confined to the employees of the sawmill and planing mill, whereas the Company and the A. F. of L. contend that the logging division, which is situated approximately 25 miles from the sawmill and planing mill, should together with the sawmill and planing mill constitute a single unit. Where there has been a history of collective bargaining in a unit including logging and mill employees, the Board has found such unit 1 The statement of the Field Examiner shows that the C. I. 0 submitted 215 applica- tion cards , 210 of which bear apparently genuine signatures , and 186 of which bear names of persons whose names are listed on the Company 's pay roll of July 1943; the pay roll contains the names of 379 employees in the appropriate, unit The A . F. of L. submitted 131 membership cards to the Tilal Examiner during the hearing , 20 of which bear ap- parently genuine signatures and names of persons listed on the Company 's pay roll of 'July 1943. DIERKS LUMBER & COAL COMPANY 533 to be appropriate in the absence of persuasive countervailing factors.'. However, mill employees are generally geographically separated from the logging employees, possess skills different from those of the log- ging employees, and work under markedly different conditions. Where there is no history of collective bargaining and where a unit of mill employees coincides with the extent of organization, the Board has found such unit to be appropriate for purposes of collective bargaining.3 The record reveals that a similar situation exists here. We find that the production and maintenance employees in the Company's sawmill and planing mill at Wright City, Oklahoma, ex- cluding all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, clerical employees, and armed guards and watchmen, 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 within the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction herein, subject to the limitations and additions set forth in the Di- rection. Since the A. F. of L. has made some showing of represen- tation, we shall accord it a place on the ballot. 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 Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with Dierks Lum- her & Coal Company, Wright City, Oklahoma, 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 su- pervision of the Regional Director for the Sixteenth 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- 2 See Matter of S. A. Agnew Lumber Co., 44 N. L. R B. 1253. 3 See Matter of Shaw Lumber Company, 37 N. L. R B 818. 534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 they desire to be represented by In- ternational Woodworkers of America, affiliated with the C. I. 0., or by United Brotherhood of Carpenters and Joiners of America, affil- iated with the A. F. of L., for the purposes of collective bargaining, or by neither. CHAIRMAN Mu.LIs took no part in the consideration of the above Decision and Direction of Election.