Esdorn Lumber Corp.

In the Matter of ESDORN LUMBER CORPORATION and LOCAL 273, UNITED FURNITURE WORKERS OF AMERICA, CIO and UPHOLSTERERS' INTERNATIONAL UNION Or NORTH AMERICA, AFL Case No. 10-RE-02.-Decided January 27,19.117 Mr. Peter Handt, of Sumter, S. C., for the Employer. Messrs. TV. L. Clifton and CTtarles Coburn, Jr., both of Sumter, S. C., for the CIO. Mr. Warren E. Hall, Jr., of Atlanta, Ga., and Mr. Ben Shou5e, of High Point, N. C., for the AFL. Mr. Warren H. Leland, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Sumter, South Carolina, on December 9, 1946, before M. A. Prowell, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire. record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Esdorn Lumber Corporation, a New York corporation, is engaged in the manufacture of lumber at its plant I located in Sumter, South Carolina. During the past year, the Employer and it's predecessor purchased raw materials, consisting of logs, parts and supplies, valued in excess of $600,000, more than 3 percent of which was received from points outside the State of South Carolina. During the same period, the Employer and its predecessor produced lumber at the Sumter Mill, val tied in excess of $600,000, more than 90 percent of which was shipped to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 'On July 1 1946 , Esdorn Lumber Corpoi ation succeeded the Brooklyn Cooperage Corporation in the operation of this plant 72 N L R B, No 55 286 ESDORN LUMBER CORPORATION II. THE ORGANIZATIONS INVOLVED 287 Local 273, United Furniture Workers of America, herein called the CIO, is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. Upholsterers' International Union of North America, herein called the AFL, is a labor organization affiliated with the American Federa- tion of Labor, claiming to represent employees of the Employer. iir. TI IE QUESTION CONCERNING REMWSEXTATION The Employer on October 7, 1946, filed its petition with the Board, in which it averred that it was confronted with conflicting repre- sentation claims of the CIO and the AFL, and requested an investiga- tion and certification of representatives.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. TIDE APPROPRIATE UNIT We find, as the parties agree, that all employees of the Employer at its Sumter, South Carolina, lumber mill, including train crew members and watchmen,3 but excluding employees engaged in logging operations, 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, con- stitute 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 Esdorn Lumber Corporation, Sumter, South Carolina, an election by secret ballot shall be con- ducted as early as possible, but not later than thirty (130) clays from 2On Januaiy 1 1946, the Employer acid the CIO executed a collective bargaining ag[ce- ment providing, mater olia, for a 1-year term None of the parties claims this contract to he a bar to the present proceeding At the hearing, the AFL made an oral motion to postpone an immediate election heienn on the ground, allegedly, of heightened facial and personal differences among the inter- ested employees The healing officer referred the matter to the Board The AFL adduced no evidence in support of its motion and in the absence thereof we deny the iequert for postponement 'The watchmen are not aimed not deputized Thev have no monitoi Ian duties and mainly patrol the plant for protection against fire and trespassers The train crewmen operate a logging train approximately 3 nights a N%eek, the balance of their time being spent in the Emplovei's machine shop where they perform the same tasks performed by other employees in the unit 7 31242-47-vol 72-20 288 DECISIONS Of NATIONAL LABOR RELATIONS BOARD 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 Sec- tions 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the unit found appro- priate 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 em- ployees in the armed forces of the United States who present them- selves 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 Local 273, United Furniture Workers of America, CIO, or by Upholsterers' International Union of North America, AFL, for the purposes of collective bargaining, or by neither. MR . JArIDS J. REYNOLDS, Ju., took no part in the consideration of the above Decision and Direction of Election. 0