J. E. Stone Lumber Co.

[n the Matter of J. E. STONE LUMBER COMPANY,1 EMPLOYER and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LUMBER AND SAW MILL WORKERS LOCAL UNION 3022, AFL, PETITIONER Case No. 16-RC-396.-Decided October 17, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearings were held before Charles Y. Latimer, hearing officer. The hearing officer's rulings made at the hearings are free from prejudicial error and are hereby aflirlned.2 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-member panel. [Chairman Herzog and Members Reynolds and Gray]. Upon the entire record in this case , the Board finds : 1. The Employer is a corporation having its principal place of busi- ness at Nacogdoches , Texas, where it is engaged in the manufacture, sale, and distribution of lumber and related products . During the 12-month period preceding the hearings , the Employer purchased raw materials, consisting principally of logs, valued in excess of $267,- 000, of which from 1 to 2 percent was purchased outside of Texas. During the same year, the entire output of the Employer, valued in excess of $958,236, was sold to the Crawford Lumber Sales Company, and of that amount approximately $195,000 worth was shipped di- rectly by the Employer from its yard to Crawford 's customers located outside the State. Contrary to the contention of the Employer, we find that it is en- gaged in commerce within the meaning of the National Labor Rela- tions Act.3 I The name of the Employer appears as amended to conform with the evidence adduced at the reopened hearing. 2 The Employer moved to dismiss the petition herein on the basis of the Board's decision in a prior case involving the parties to this proceeding (78 N. L. R. B. 627 ) in which the Board did not assert jurisdiction on the basis of the facts then before it. Upon considera- tion of the additional facts stated in paragraph 1, supra, the Board hereby denies the Employer's motion. 3 Matter of Highland Fruit Growers, Inc.,, 82 N. L. R. B. 992 ; Matter of Oettinger Lumber Company, 81 N. L. R. B. 632. 86 N. L. R. B. No. 77. 575 576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The labor organization involved claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance em- ployees, including both mill and logging operation employees, but excluding office and clerical employees, foremen and all supervisors as defined in the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses 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 Region in which this case vas heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily 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 United Brotherhood of Carpenters and Joiners of America, Lumber and Saw Mill Workers, Local Union 3022, A. F. L.