Crossett Lumber Co.

In the Matter of CROSSETT LUMBER COMPANY, EDIPLOYER and INTER- NATIONAL WOODWORKERS OF AMERICA, C.I. 0., PETITIONER Case No. 15-R-1769.-Decided November 12, 1946 Messrs. Paul Sullins, R. P. Meredith, and A. T. McDonough, of Crossett, Ark., for the Employer. Mr. Walter Harris, of Little Rock, Ark., and Mr. W. D. Moore, of El Dorado, Ark., for the Petitioner. Mr. Charles Mendenhall, of Little Rock, Ark., for Local 2590. - Mr. C. A. Mowery, of Little Rock, Ark., for Local 497 and Local 1517. Miss Irene R. Shriber, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Crossett, Arkansas, on August 29, 1946, before C. Paul Barker, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. At the hearing, Local 2590 moved to dismiss the petition on the ground that there is pending be- fore the Board a charge filed by Local 2590 on April 1, 1946, alleging that the Employer had committed certain unfair labor practices. This unfair labor practice charge, Local 2590 asserts, should be dis- posed of before the Board proceeds with the petition herein. The hearing officer referred this motion to the Board for determination. On October 2, 1946, the Regional Director for the Fifteenth Region dismissed the unfair labor practice charge herein referred to. The dismissal, although appealed,' has been affirmed by the Board. Ac- cordingly, the motion to dismiss is hereby denied. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Crossett Lumber Company, Saw Mill Division, is an Arkansas cor- poration with its principal office and saw mill at Crossett, Arkansas, 71 N L. R B, No. 101. 653 654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD where it manufactures pine and hardwood lumber products. The Employer annually uses raw materials and other supplies valued at more than $200,000, of which approximately 5 percent is received from points outside the State of Arkansas. The Employer annually produces finished products valued in excess of $200,000, of which ap- proximately 90 percent is shipped to out-of-State purchasers. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. United Brotherhood of Carpenters and Joiners of America, Local 2590 (herein called Local 2590), United Brotherhood of Carpenters and Joiners of America, Local 497 (herein called Local 497), United Brotherhood of Painters, Decorators and Paper Hangers of America, Local 1517 (herein called Local 1517), United Brotherhood of Loco- motive Firemen & Engineers, Local 779 (herein called Local 779), are all labor organizations affiliated with the American Federation of Labor, claiming to represent employees of the Employer.' III. THE QUESTION CONCERNING REPRESENTATION On June 22, 1946, the Petitioner requested the Employer to recog- nize it as the exclusive bargaining representative of the Employer's production and maintenance employees. The Employer refused the request. On June 27, 1946, the Petitioner filed its petition with the Board. Local 2590 contends that a collective bargaining agreement entered into with the Employer on July 26, 1945, is a bar to this proceeding. The duration clause of this contract provides that it is to continue in existence for one year and be renewable automatically from year to year thereafter unless either party notffies the other of an intention to terminate the agreement at least 30 days before the annual expira- tion date. No notice of such desire to terminate has been served by either of the contracting; parties. However, as previously indicated, the Petitioner notified the Employer of its interest before the operative date of the automatic renewal clause and filed its petition with the Board within 10 clays thereafter. Under these circumstances, the contract is not a bar.' ' Locals 497, 1517 and 771) appealed only to piotect then interests as representatives of various employees excluded f0 om the unit found appropriate Thee espiessed no desn e to appear on the ballot in the election directed hereinafter Accordin_lc, their navies lviii be o1mtted from the ballot s See Matter of General Elect) is X-Ray Corporation, 67 N L R B 997 CROSSETT LUMBER COMPANY 655 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 a stipulation of the parties, that all production and maintenance employees, including water chemists, but excluding superintendents, assistant superintendents, foremen, assist- ant foremen, department - heads, timekeepers, safety supervisors, technical employees, chemists, meter men, office and clerical employees, confidential employees, carpenters and apprentices of the town main- tenance, painters and helpers of the town maintenance and the train crews,' and all other supervisory 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. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Crossett Lumber Company, Crossett, Arkansas, 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 Regula- tions-Series 4, 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 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 they desire to be repre- sented by International Woodworkers of America, C. I. 0., or by United Brotherhood of Carpenters & Joiners of America, Local 2590, A. F. of L., for the purposes of collective bargaining, or by neither. 8 The carpenters and apprentices of the town maintenance , the painters and helpers of the town maintenance and the train crews are covered by collective bargai ning agreements with Local 497, Local 1517 and Local 779, respectively 717734-47-vol 71-43