DeSoto Hardwood Flooring Co.

In the Matter of DESoTO HARDwooD FLOORING COMPANY and IxTERNA- TIONAL WOODWORKERS OF AMERICA, C. I. O. Case No. 15 R-1°28.Decided November 17, 1944 Mr. George Kamenow, of Detroit, Mich., and Armstrong, McCadden, Allen, Braden & Goodman, by Mr. Winstead Johnson, of Memphis, Tenn., for the Company. Messrs. W. A. Copeland and Doyle Dorsey, of Memphis, Tenn., for the I. W. A. Mr. J. C. Barrett, of Birmingham, Ala., and Mr. Walter T. Yount, of Memphis, Tenn., for the United. .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 I. W. A., alleging that a question affecting commerce had arisen concerning the representation of employees of DeSoto Hardwood Flooring Company, Memphis, Tennessee, herein balled the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Walter Wilbur, Trial Examiner. Said hearing was held at Memphis, Tennessee, on October 23, 1944. At the commencement of the hearing, the Trial Examiner granted a motion of United Brotherhood of Carpenters & Joiners of America, A. F. of L., herein called the United, to intervene. The Company, the I. W. A., and the United 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 preju- dicial error and are hereby affirmed. All parties were afforded oppor- tunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: "Although Upholsterer's International Union of North America , herein called the Upholsterer's, was served with Notice of Hearing, it did not appear. 59 N. L. R. B., No. 71. 332 DESOTO HARDWOOD FLOORING COMPANY 333 FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY DeSoto Hardwood Flooring Company is a Tennessee corporation operating a plant at Memphis, Tennessee, where it is engaged in the manufacture of lumber products. The Company purchases raw mate- rials valued in excess of $100,000, annually, 90 percent of which is shipped to it from points outside the State of Tennessee. During the same period the Company sells products valued in excess of $250,000, about 90 percent of which is shipped to points outside the State of Tennessee. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Woodworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. United Brotherhood of Carpenters & Joiners of America is a labor organization affiliated with the American Federation of Labor, admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 21, 1944, the I. W. A. requested the Company to recog- nize it as the exclusive collective bargaining representative of the Company's employees. The Company refused this request. On August 5, 1942, the Company and the Upholsterer's entered into an exclusive collective bargaining contract. The contract provides that it shall remain in effect until October 1, 1943, and from year to year thereafter unless notice of a desire to terminate is given by either party thereto not less than 30 days prior to any annual expiration date. Inasmuch as the I. W. A. made its claim upon the Company prior to September 1, 1944, the date upon which the contract would have automatically renewed itself, we find that the contract does not constitute a bar to the instant proceeding. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the I. W. A. and the United each represents a substantial number of employees in the unit herein- after found to be appropriate? - 2 The Field Examiner reported that the I. W. A. and the United presented 100 and 90 membership application cards, respectively . There are approximately 175 employees in the appropriate unit. ,334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 We find, in agreement with a stipulation of the parties, that all production and maintenance employees at the Memphis plant of the Company, excluding clerical employees, watchmen, engineers, firemen, salesmen, lumber inspectors, superintendents, foremen, subforemen, maintenance foremen, and any other supervisory employees with 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. Although the Upholsterer's did not appear at the hearing, we will afford,it an opportunity to be placed on the ballot if it makes a request of the Regional Director therefor within 7 days from the date of this Decision, inasmuch as it was a party to the recently expired contract alluded to in Section III, supra. 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with DeSoto Hardwood Flooring Company, Memphis, Tennessee, 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 DESOTO HARDWOOD FLOORING COMPANY 335 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 and have-not been rehired or reinstated prior to the date of the - election, to determine whether they desire to be represented bylnter- national Woodworkers of America, C. LO., or by United Brother- hood of Carpenters & Joiners of America, A. F. of L., for' the pur- poses of collective bargaining, or by neither. .•1 618683-45-vol. 59-23