Chickasaw Wood Products Co.

In the Matter of CHICKASAW WOOD PRODUCTS COMPANY and INTER- NATIONAL BROTHERHOOD OF FIREMEN AND OILERS, LOCAL 320, A. F. OF L. Case No. 9-R-1884.-Decided January 31, 1946 Messrs. R. F. Vaughan and TTV. L. Well f ord, of Louisville, Ky., for the Company. Messrs. L. S. MeGary and W. E. Freidenberger, of Louisville, Ky., for the Union. Mr. Seymour Cohen, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Brotherhood of Fire- men and Oilers, Local 320, A. F. of L., herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the rep- resentation of employees of Chickasaw Wood Products Company, Louisville, Kentucky, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice -before Herbert J. Nester, Trial Examiner. The hearing was held at Louisville, Kentucky, on September 21, 1945. The Company and the Union appeared and participated.' All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial, Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Chickasaw Wood Products Company, a Delaware corporation with principal offices located in Memphis, Tennessee, operates barrel plants ' Coopers International Union, Local No 33, A. F. of L , herein called the Coopers, was duly served with Notice of Hearing. Its secretary appeared at the hearing but declined to intervene . As later appears , the Coopers has in effect ceded to the Union jurisdiction over the employees herein involved. 65 N. L. It B., No. 114. 664 CHICKASAW WOOD PRODUCTS COMPANY 665 in Memphis, Tennessee; Pekin, Illinois; Gretna, Louisiana; Clarks- burg, West Virginia; and Louisville, Kentucky. The plant in Louis- ville, Kentucky, with which we are solely concerned in this proceeding, during the last calendar year purchased raw materials, consisting chiefly ofwhite oak lumber, valued in excess of $62,000, of which more than 50 percent was shipped from points outside the Commonwealth of Kentucky. During the same period, the Company produced fin- ished products valued in excess of $80,000, of which 30 percent was shipped to points outside the Commonwealth of Kentucky. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Brotherhood of Firemen and Oilers, Local 320, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATON Pursuant to collective agreements, the Coopers, since 1938, has been the exclusive bargaining agent for the employees of the Company, in- cluding the firemen herein involved. A 1-year contract executed in 1943 by the Coopers and the Company was renewed for a similar term on July 1, 1944. On July 1, 1945, the renewed contract expired. On June 27, 1945, and again on June 30, 1945, before the expiration of the renewed agreement between the Company and the Coopers, the Union informed the Company of its claim to represent the employees herein involved. Thereafter the Union, on July 7, 1945, filed the peti- tion in the instant proceeding. On July 16,1945, and July 31,1945, the Coopers executed two formal instruments whereby it waived jurisdiction over the power plant em- ployees of the Company and waived and disclaimed any interest in the present proceeding. These documents, in effect, cede jurisdiction over the Company's firemen to the Union. On August 10, 1945, the Company and the Coopers executed a new 1-year contract, effective as of July 1, 1945.2 The Company contends that the contract executed August 10, 1945, constitutes a bar to the instant proceeding. Inasmuch as the Union notified the Company of its claim to representation before the execu- tion of the 1945 contract, this agreement does not preclude a determina- tion of representatives at this time.3 2 This agreement covers all employees of the Company 's Louisville plant engaged in the handling and manufacturing of cooperage . Firemen are mentioned as embraced by the contract. It is clear, however, that the Coopers is adhering to the terms of the waivers of July 16 and July 31, 1945. 8 See Matter of Foster-Grant Co., Inc., 54 N. L. R. B. 802. 666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.4 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. t IV. THE APPROPRIATE UNIT The Union seeks a unit of all firemen and oilers employed at the Company's Louisville plant, excluding office or clerical employees, executives and supervisory employees. The Company contends that a comprehensive plant unit, including the firemen, is the appropriate one, as shown by the past history of collective bargaining. The Company's boiler room occupies a separate building located 25 to 30 feet from the main plant. The principal duties of the firemen,' the maintenance of proper steam pressure and water level in the boilers, are performed entirely in the boiler room. The Company frequently has found it necesary to transfer men from the main plant to the boiler room to act as firemen, but such transfers were made usually only in case of an emergency. The Company's firemen clearly constitute a well-defined homoge- neous craft group, whose work requires some specialized skill s That they previously have been treated as part of a larger unit does not now prevent them from bargaining as a separate group in the light of the Coopers' relinquishment of jurisdiction over them 7 We find that all firemen and oilers employed by the Company in the boiler room of its Louisville, Kentucky plant, excluding office or clerical employees, executives, and all 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. 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 employees 4 The Field Examiner reported that the Union submitted four authorization cards, three of which are dated June 1945, and one of which is dated July 1945. The Field Examiner also indicated there were two employees in the unit petitioned for as of August 30, 1945. The record discloses that as of the date of the hearing , September 21, 1945, there were three employees in the unit 5 The Company apparently employs no oilers, as such, in the boiler room. ° See Matter of Lever Brothers Company, 57 N. L. R. B . 139 ;-Matter of Davenport Besler Corporation, 64 N.'L. it. B 1395. 7 See Matter of International Shoe Co., 49 N. L. R. B. 73 ; Matter of Pacific Gas & Electric Co., 47 N. L. R B 264. See also cases cited in the preceding footnote. CHICKASAW WOOD PRODUCTS COMPANY 667 in the appropriate unit who were employed during the pay-roll period immediately 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 Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Chickasaw Wood Products Company, Louisville, Kentucky, 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 super- vision of the Regional Director for the Ninth 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 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 or not they desire to be represented by International Brotherhood of Firemen and Oilers, Local 320, A. F. of L., for the purposes of collective bargaining.