Atlanta Oak Flooring Co.

In the Matter of ATLANTA OAK FLOORING COMPANY and UNITED BROTH- ERHOOD OF CARPENTERS & JOINERS OF AMERICA, LOCAL UNIONS Nos. 2281 & 552 Case No. 10-R-1464.-Decided June 28, 1945 Mr. Ralph Williams, of Atlanta, Ga, and Mr. John L. Tye, Jr., for the Company. I Mr. W. Lee Sorrells, of Atlanta, Ga., for the Unions. Mr. Isadore Engle, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Brotherhod of Carpenters & Joiners of America Local Unions Nos. 2281 and 552, A. F. L., herein separately called Local 2281 & Local 552, and collectively called the Unions, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Atlanta Oak Flooring Company, Atlanta, Georgia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon clue notice before Dan M. Byrd, Jr., Trial Examiner. Said hearing was held at Atlanta, Georgia, on April 25, 1945 The Company and the Unions appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing on the issues. The Trial Exam- iner'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 the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Atlanta Oak Flooring Company is a Georgia corporation which is en- gaged in the manufacture of flooring and dimension wood products, and in the sale of building supplies. The Company purchases annually for use 62 N L. R. B, No. 124. 973 974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in its manufactcring operations raw materials valued in excess of $50,000. of which more than 50 percent is shipped to it from points outside the State of Georgia. The Company sells annually manufactured products worth in excess of $100,000, of which more than 50 percent is shipped to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Local Union No. 2281 and Local Union No. 552, both of the United Brotherhood of Carpenters & Joiners of America, affiliated with the Amer- ican Federation of Labor, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company stated at the hearing that it treated the Unions' petition as a request for recognition but that it nevertheless declined to recognize the Unions as the exclusive bargaining representative of certain of its employees. The Company employs members of the Negro and white races who come within the jurisdictional claims of the United Brotherhood of Carpenters & Joiners of America, A. F. L., herein called the Carpenters Among these employees Local 2281 of the Carpenters has as members only white employ- ees, and Local 552 has as members only colored employees At the hearing and in its brief the Company contended, in effect, that no question concerning representation has arisen for the reasons that (1) it "does not believe that a majority of the employees in the proposed bargain- ing unit have freely and voluntarily selected the Unions to be their collec- tive bargaining agent and representative," and (2) the "Unions engage in illegal and discriminatory segregation of employees on the sole basis of race and color in contravention of the National policy as expressed by the President of the United States in Executive Orders 8802 and 9346, and in violation of the Fifth Amendment to the Constitution of the United States." 1 As to the first reason urged, the Field Examiner's report shows that the Unions represent a substantial number of employees in the unit hereinfater found appropriate.' It is well settled that proof of majority representation is not necessary to raise it question concerning representation.' Moreover we have stated repeatedly that since the evidence submitted is for the sole 1 In its brief the Company moved for dismissal of the petition on this ground 2 The Field Examiner reported that the Unions submitted 74 authorization cards. The Company has not provided any pay -roll data but the Unions estimate that there are approximately 125 employees in the alleged appropriate unit 3 See Matter of Grand Rapids Fibre Coard Co , 56 N L. R B 543. ATLANTA OAK FLOORING COMPANY 975 purpose of aiding the Board in making an administrative determination, any questioning of such evidential showing by an opposing party is not permitted.' As to the second reason urged we are unable to agree that- the segrega- tion into separate locals is, per se, a form of racial discrimination in viola- tion of the National policy and of the Fifth Amendment. In the Bethlehem- Alameda case,' we were confronted with a somewhat analogous situation It there appeared that the non-white workers who came within the jurrs- dictional claims of the Boilermakers' Union, while not denied membership in that Union, were, nevertheless, segregated into separate so-called aux- iliary locals. Since the petition of Bay Cities Metal Trades Council, herein called the Council, had not listed these auxiliary locals as among the affili- ated locals represented by it in the proceeding, it was contended that the Council's petition should be dismissed After the hearing in that case, the Council moved and was granted permission to amend its petition by expressly adding the auxiliary locals to the other labor organizations named in its petition. We there refused to dismiss the petition on the ground that the alleged question of racial discrimination had "been made moot by the action since taken by the Council." We are of the opinion that the Bethle- hem-Alameda case is controlling here. Applying the criteria of that case we are satisfied that the facts in the instant case present no question of racial discrimination in contravention of the Act, or in violation of either the National policy as expressed in Executive Order No. 9346, amending Executive Order No. 8802, or the Fifth Amendment to the Constitution of the United States. We note further that it was represented in the instant case that the Carpenters does not now, never has, and never will discrimi- nate against any race or creed and that the Carpenters will provide equal representation to colored as well as white locals. We construe this repre- sentation to mean that Local 552 is now, and will continue to be, accorded the same rights of affiliation and representation by the Carpenters as is accorded Local 2281 and other affiliated locals. Accordingly, under all the circumstances, we conclude that there is no question of racial discrimination before us and the Company's motion to dismiss the petition is hereby denied. We expect, however, that the Carpenters as well as its locals will comply with the National policy expressed in Executive Order No. 9346, amending Executive Order No. 8802, that there shall be no discrimination in N\,ar industries on racial grounds and that "it is the duty of all employees ... and- all organizations ... to eliminate discrimination in regard to hire, tenure, terms of and conditions of employment or union membership because of race, creed, color, or national origin." Moreover, if it is later shown by * See Matter of Sunset Motor Lines, 59 N. L. R. B. 1434. 5 See Matter of Bethlehem-Alameda Shipyard, Inc., and Bethlehem Steel Company, Shipbuilduig Division, Alameda Yard, 53 N. L. R. B. 999. 976 DECISIONS6OF NATIONAL LABOR RELATIONS BOARD appropriate motion that equal representation has been denied to any of the employees in the unit-hereinafter found appropriate because of race, color, creed, or national origin we will consider rescinding any certification which we may issue herein.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Company agrees with the Unions that a unit consisting of all em- ployees of the Company, but excluding office, clerical, sales, and managerial employees and supervisory employees (shift foremen and above), constitute an appropriate unit. The unit conforms in composition and scope to that which we indicated, in a prior case involving the same parties, would be appropriate for collective bargaining purposes.' Accordingly, we find that all employees of the Company, excluding office, clerical, sales, managerial employees, and all other supervisory em- ployees (shift foremen and above) with authority to hire, promote, dis- charge, 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 employees in the appropriate unit who were employed during the pay-roll period imme- diately preceding the date of the Direction of Election 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 Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain' representatives for the purposes of collective bargaining with Atlanta Oak Flooring Coul- pany, Atlanta, Georgia, an election by secret ballot shall be conducted as 6 See Matter of General Motors Corporation (Chevrolet Shell Division), 62 N L R B. 427, Matter of Southwestern Portland Cement Company, 61 N L. R. B 1217, Matter of Carter Mann- facturing Company, 59 N. L. R. B. 804. 7 See Matter of Atlanta Oak Flooring Company, 60 N L. R B 1343 The petition in the cited case was dismissed because of the inappropriateness of the unit sought and because of an insubstantial showing of representation by the petitioner in an appropriate unit. ATLANTA OAK FLOORING COMPANY 977 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 Tenth 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 Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period imme- diately 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 exclud- ing 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 or not they desire to be represented by United Brotherhood of Carpenters & Joiners of America, Local Unions Nos. 2281 & 552, A. F L., for the purposes of collective bargaining.