Natchez Hardwood Co.

In the Matter of NATCHEZ HARDWOOD COMPANY, EMPLOYER and INTER- NATIONAL WOODWORKERS OF AMERICA, CIO, LOCAL S-440, PETITIONER Case No.15-R-1678.Decided September 25,1946 Mr. Robert L. McKnight, of Memphis, Tenn., for the Employer. Mr. Doyle Dorsey, of Natchez, Miss., for the Petitioner. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition I duly filed, hearing in this case was held at Natchez, Mississippi , on July 19, 1946 , before C. Paul Barker , hearing officer. The hearing officer's rulings made at the hearing are free from prejudi- cial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. TIIE BUSINESS OF THE EMPLOYER Natchez Hardwood Company, a Mississippi corporation, has its main offices at Memphis, Tennessee. It operates a sawmill at Natchez, Mississippi, where it is engaged in converting logs and timber into hardwood lumber. During the 6-month period ending May 31, 1946, the Employer pqr- chased logs, valued at approximately $90,000, of Which approximately 5 percent came to the plant from points outside Mississippi. During the same period of time, the Employer sold lumber finished at its plant, valued at approximately $135,000, of which approximately 90 percent was sold and shipped to points outside Mississippi. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. I The petition was amended at the hearing to show the name of the local union , claim- Ing an interest among the employees concerned in the petition. 71N L.11.B,No 7. 24 NATCHEZ HARDWOOD COMPANY v 111. THE QUESTION CONCERNING REPRESENTATION 25 The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been' certified by the Board in an appropriate unit 2 We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find in accordance with the agreement of the parties that all production and maintenance employees at the Employer's Natchez, Mississippi, plant, including watchmen,' but excluding clerical em- ployees, lumber inspectors, and all other supervisory employees 4 with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appfQprlate for the- purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The Employer normally employs a complement of approximately 50 employees, all of whom are hired on a permanent, full-time basis. The turn-over among these employees has been high in the past, as evidenced by the fact that less than'50 percent of the persons listed on the Employer's pay roll of April 11, 1946, remained on the pay roll of July 11, 1946. This turn-over is typical of the Employer's ex- perience since the inception of the Employer's operations in 1944 and is apparently comparable to that of other employers in the same locality. In its brief, the Employer argues that such figures "lend themselves to the'conclusion that it is possible for a complete turn-over to occur . . . every five or six months" and, consequently, that any Board certification in the instant case should be effective for a 6-month period. We are not persuaded that the above facts justify the conclusion, urged by the Employer, that an approximately complete turn-over of personnel will henceforth occur during each 6-month period. In any event, the presumed changes do not involve an expanding or contract- 2 We find no merit in the Employer's contention that the Petitioner should be required, in view of the high turn-over of the employees in issue, to make an additional showing of substantial interest at the time of the election See Matter of 0. D Jennings h Company, 68 N L R B. 516: Matter of Zanes Fi eight Agency, 65 N. L. R. B. 799; and Matter of Tampa Shipbutldtng Company, lneorpoi oted, 62 N L. R B. 954 3 The watchmen are neither armed nor deputized , and perform duties custodial in nature 4 The parties stipulated-,-.and we find, that the following individuals are supervisory employees within the Board 's customary definition : the plant superintendent , mill foreman, sawyer, and filer. 26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing unit situation; they merely relate to an alteration in the constitu- ency of the unit due to labor turn-over. Personnel changes such as these are obviously speculative, inasmuch as they are governed to a large extent by the condition of the labor market. Accordingly, inas- much as we are unable to foretell with any certainty the future per- sonnel experience of the Employer or what other circumstances may hereafter obtain which will bear upon the efficacy of any certification issued herein, we are of the opinion that the Act will best be effectuated by following our customary certification policy. We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Natchez Hardwood Company, Natchez, Mississippi, 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 Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations- Series 4, among the employees in the unit found appropriate in Sec- tion IV, above, who were employed during the pay-roll period im- mediately 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 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, to determine whether or not they desire to be represented by International Woodworkers of America, CIO, Local S-440, for the purposes of collective bargaining. 6 Cf. Matter of Adler Metal Products Corp., 67 N L R B 328; Matter of Aluminum Com- pany of America, 52 N. L. R. B 1040 ; and Matter of Electric Sprayit Company and Moe Bridges Corporation, 67 N. L. R. B. 780,