Southern Wood Preserving Co.

-Iri the Matter of SOUTHERN WOOD PRESERVING COMPANY and NATIONAL COUNCIL OF GAS, COKE AND CHEMICAL WORKERS Case No. R-4105.=Decided August 25, 1942 Jurisdiction : creosoted wood products producing and distributing industry. Investigation and Certification of Representatives : existence of question : con- flicting claims of rival representatives ; automatic renewal contract with an brganizatio;l which gave notice of its desire to negotiate a new contract during a period when it had affiliated itself with a different organization, held no bar although original organization with which it subsequently had reaffiliated itself contended the contract was a bar ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ,ployees at one of Company's plants, excluding supervisory employees, foremen, auu uiiice iurce. Mr. R. M. Claytor, of Chattanooga, Tenn., for the Company. Mr. Bernard Borah and Mr. Bethel T.'Judd, of Chattanooga, Tenn., for the National Council. Mr. E. K. Collins, of Birmingham, Ala., for District 50. Mr. Louis A. Pontello, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE 0 Upon petition duly filed, by National Council of Gas, Coke and• 'Chemical Workers, herein called the National Council, alleging that a question affecting commerce has arisen concerning the representation of employees of _Southdrn Wood Preserving Company, Chattanooga, Tennessee, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before 'William M. Pate, Trial Examiner. The Company, the National Council, and District 50, United Mine Workers of America, herein called District 50, appeared,, participated, grid were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the hearing, Dis- trict 50 moved to dismiss the petition because it claimed it represented the employees of the Vompany and that it had an existing contract 43 N. L R B., No 92 642 SOUTHERN WOOD PRESERVING COMPANY 643 with the Company. The Trial Examiner reserved ruling thereon. The motion-is hereby deified. The Trial. Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF TIIE COMPANY Southern Wood Preserving Company, a Georgia corporation, is engaged in the production, distribution, and sale of creosoted wood products. The Company operates plants at Chattanooga, Tennessee, Atlanta, Georgia, and Macon, Georgia. The Company's plant at Chat- tanooga, Tennessee, alone, is involved in this proceeding. During 1941, the Company used raw materials, principally wood and chemi- cals, valued in excess of $700,000, of which approximately 60 percent represented shipments to the Chattanooga plant from points outside of Tennessee. During the same period, sales in excess of $1,000,000 were made, of which approximately 70 percent were made outside of Ten- nessee. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. ^r II. THE ORGANIZATIONS INVOLVED National. Council of Gas, Coke and Chemical Workers is a labor organization admitting to membership employees of the Company. District 50, United Mine Workers of America is a labor organiza- tion admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION' On May 30, 1941, the Company and Local 12112, District 50, entered into a sold bargaining contract effective from August 1, 1941, to July 31, 1942, and from year to year thereafter, unless terminated by either party by thirty (30) days' written notice, but not in any case to expire before July 31, 1942. On June 23,1942, at a meeting of the Local, those present voted 'to secede from District 50 and to affiliate with the Na- tional Council. At another meeting held on June 29, 1942, the action of the June 23rd meeting, having been reduced to writing, was ratified. By letter dated June 30, 1942, and signed by its president, the Local purported to notify the Company- that pursuant to the terms of the contract, it was serving notice of a desire to change its terms. This letter was written in the name of the Local 'and did not refer to this action, nor to District 50 or the National Council. The Company replied by letter dated July 1, 1942, agreeing to meet and bargain on July 13, 1942. 644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Before such meeting could be held, District 50 notified the Com- pany not to bargain with the Local. At the-meeting held on July 13. 1942, the Company notified the Local that it would not bargain with it in view of having received the letter from District'50, until it was so instructed by the Board. At a meeting of all employees of the Company, held on July 22, 1942, and called by'District 50, the employees voted to reaffiliate with District 50. District 50 contends that the contract of May 30, 1941, is a bar to a present determination of representatives. As indicated above how- ever, the Local had notified the Company of its desire to negotiate a new contract more than thirty (30) days before the contract's expira- tion date and,therefore, before it could have been automatically re- newed in 1942. Under the, circumstances, we find that the contract, if renewed, does not constitute a bar to a present investigation and determination of representatives. A statement of a Field Examiner introduced in evidence discloses that the National Council represents a substantial number of employees in the unit hereinafter found to be appropriate.' As noted above, District 50'had & contract with the Company. We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9,(c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find) inv accordance with a stipulation of the parties, that all production and maintenance employees of the Company at its Chat- tanooga 'plant, excluding supervisory employees, foremen, and the ,office force, constitute a unit appropriate for the purposes of col- lective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMIN ATION OF REPRESENTATIVES We shall direct that,the question concerning representation which has'arisen be resolved by an ,election by secret ballot among the em- ployees in the ' appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- i The Field Examiner reported that the National Council had presented a' petition in the form of it resolution expressing the desire of the members of the Local to affiliate with the National Council and, renouncing their, membership in District 50 The petition had 154 signatures. affixed thereto. All of the signatures appeared to be genuine original signatures. One hundred fifty one of the signatures are the names of persons «ho appear on the Company's pay roll of June 1, '1942, containing the names of 189 employees within the unit The apparently genuine signatures on the petition bearing the names of persons appearing on the Company's pay roll were dated July 1942. SOUTHERN WOOD PRESERVING COMPANY, 645 tion herein, subject to the limitations and additions as set forth in the Direction.2 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Southern Wood Preserving Company, Chattanooga, Tennessee, 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 Tenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who werd employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation or, in the active military service or-training of the United States, or temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether they desire to be represented by National Council of Gas, Coke and Chemical Workers, or District 50, United Mine Workers of America, for the purposes of collective bargaining, or by neither., CHAIRMAN MILLIs took no part in the consideration of the, above Decision and Direction of Election. $ During the hearing, District 50 offered evidence in support of its representation claims, on the basis of which It moved to be certified on the record . The Trial Examiner rejected the evidence offered for this purpose and denied the motion for certification. .Since it'is our usual practice under these circumstances to resolve a question concerning representation by secret ballot, these rulings are hereby affirmed.