Crowell Long Leaf Lumber Co., Inc.

In the Matter of CROWELL LONG LEAF LUMBER COMPANY, INC. and INTERNATIONAL WOODWORKERS OF AMERICA, C. I. O. Case No. 15-R-1242.-Decided January 15, 1945 Mr. Carl B. Callaway, of Dallas, Tex., and Mr. Richard L. Crowell, of Alexandria, La., for the Company. Mr. Claud Welch, of Oakdale, La., for the Union. Mr. Paul Bisgyer, of counsel to the Board. DECISION AND DIRECTION OF ELECTION C\ STATEMENT OF THE CASE Upon a petition duly filed by International Woodworkers of Amer- ica, C. I. 0., herein called the Union, alleging that a question concern- ing representation of employees of Crowell Long Leaf Lumber Com- pany, Inc., Long Leaf, Louisiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before LeRoy Marceau, Trial Examiner. Said hear- ing was held at Alexandria, Louisiana, on December 7, 1944. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introd ace 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 an 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 Crowell Long Leaf Lumber Company, Inc., is a Louisiana corpora- tion having its principal place of business in Long Leaf, Louisiana. At its plant in Long Leaf, with which we are solely concerned, the Company is engaged in the manufacture, processing, and sale of lum- ber products. Its finished products annually exceed $750,000, in value, 60 N L. R. B., No. 11. 60 CROWELL LONG LEAF LUMBER COMPANY, INC. 61 0 of which at least 75 percent is shipped to points outside the State of Louisiana.' The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED International Woodworkers of America, affiliated with the Con- gress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to grant recognition to the Union as the ex- clusive bargaining representative of certain of the Company's em- ployees until the Union has been certified by the Board in an appro- priate unit. - A statement of a Board Field Examiner, introduced into evidence at the hearing, indicates that the Union represents a substantial num- ber of employees in the unit hereinafter found 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 We find, substantially in accordance with the parties' agreement, that all production and maintenance employees at the Company's Long Leaf, Louisiana, plant, including night watchmen and trans- portation employees, but excluding clerical employees, and all super- visory 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 an election by secret ballot among the em. 1 The Field Examiner reported that the Union submitted 87 authorization cards bearing the names of persons listed on the Company 's pay roll which contained the names of 148 employees in the alleged appropriate unit. The Company argues that the Field Examiner 's report, which was received into evidence over its objection , is not competent proof and is insufficient upon which to base a direction of election in view of the fact that the Company was deprived of the right to cross -examine the Field Examiner and to inspect the, authorization cards For the reasons set forth in Matter of Seneca Falls Machine Company, 58 N. L. R. B 1413 , where similar argu- ments were rejected , we find no merit in the Company's position . "The submission of cards is an administrative expedient adopted by the Board to determine for itself whether or not a question concerning representation has arisen . It is a part of the Board 's inves- tigatory procedure. . . .. Matter of Buffalo Arms Corporation, 57 N. L. R. B. 1560. 62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ,0 ployees in the appropriate 'unit who were employed during the pay. roll period immediately'preceding the date of the Direction of Elec- tion 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 Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DiiEcrED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Crowell Long Leaf Lumber Company, Inc., Long Leaf, Louisiana, 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, 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 immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vaca- tion 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 employees who have since quit or been dis- charged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be rep- resented by-International Woodworkers of America, C. I. 0., for the purposes of collective bargaining.