The National Lumber Co.

In the Matter of THE NATIONAL LUMBER COMPANY,1 EMPLOYER and LUMBER HANDLERS LOCAL No. 205, ILA, A. F. OF L., AND TRUCK DRIVERS AND HELPERS LOCAL No. 355, A. F. OF L., PETITIONERS Case No. 5-RC440.Decided March 31, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel.* Upon the entire record in this case, the Board finds : 1. The Employer is a Maryland corporation engaged in the sale and manufacture of lumber and millwork at its plant and office in Balti- more, Maryland. During the year 1948, the Employer made pur- chases amounting to $346,849 of which $44,051 represented purchases made outside the State of Maryland. Its sales during the same period amounted to $462,436 of which about $8;500 represented sales outside the State. We find, contrary to the Employer's contention, that it is engaged in commerce within the meaning of the Act. Under all the circumstances, and as the Employer's business is closely related to the building construction industry, we believe that the policy of the Act will be effectuated by our exercising jurisdiction in this case 2 2. The Petitioners are labor organizations claiming to represent employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. •Chairman Herzog and Members Reynolds and Gray. i The name of the Employer appears as amended at the hearing. S Matter of Oettlnyer Lumber Company, 81 N. L. R. B. 632. 82 N. L. R. B., No. 69. 838914-50-vol 82-37 565 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. The Petitioners seek to represent a unit consisting of all lumber handlers, truck drivers and helpers employed in the Employer's Balti- more, Maryland, lumberyard and warehouse, excluding office and clerical employees, guards, and supervisors as defined by the Act. The Employer objects to the inclusion within any unit found appro- priate of certain casual laborers. There is no prior collective bargain- ing history. The Employer usually employs three truck drivers and one general helper who perform all the work incident to the storage and delivery of lumber and building materials from its warehouse and lumberyard. These employees are supervised by the Employer's president. There are no employees who are classified as lumber handlers. Occasionally, when the need arises, additional laborers are hired for periods of less than a day to assist in loading and storing lumber. This employment is terminat'd upon completion of their duties. As their employment is casual and irregular, we shall not include them in the appropriate unit. We find that all truck drivers and the helper in the Employer's Balti- more, Maryland, warehouse and lumberyard, excluding all other em- ployees,3 guards, and supervisors as defined in the Act, constitute a unit appropriate for collective bargaining. 5. The Employer further contends that because of the smallness of the unit it is inappropriate for representation by two unions. We find this contention to be without merit. If, in the election directed below, the employees select the Petitioners as collective bargaining representative, the Petitioners will be certified jointly and the Em- ployer may deal with them as the joint representative of the single unit., DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Fifth Region, and sub- ject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit described in paragraph numbered 4, above, who were em- 3 The Employer also operates a mill for the fabrication of millwork and employs three skilled carpenters therein who are supervised by the Employer's vice president. As the mill is a separately operated activity, and as neither the Employer nor the Petitioners seek to include these employees, we shall exclude them from the unit 'Matter of Welding Shipyards, Inc., 81 N L it. B. 936 , Matter of LaSalle-Critten- den Press, Inc, 72 N. L It. B 1166. THE NATIONAL LUMBER COMPANY 567 ployed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work dur- ing said pay-roll period because they were ill or on vacation or tempo- rarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by Lumber Handlers Local No. 205, ILA, A. F. of L., and Truck Drivers and Helpers Local No. 355, A. F. of L.