The Long-Bell Lumber Co.

In the Matter of THE LONG-BELL LUMBER COMPANY and INTER- NATIONAL WOODWORKERS OF AMERICA, LOCAL S-188 Case No. R-1196.-Decided Marche 15,1939 Window and Door Glazing Industry-Investigation of Representatives: con- troversy concerning representation of employees : stipulation as to, employer's refusal to grant recognition of union until certified-Unit Appropriate for Col- lective Bargaining : production and maintenance employees , exclusive of clerical, office, and supervisory employees and watchmen ; stipulation as to-Repee- sentatives: proof of choice: photostatic copies of the membership cards; stipu- lation as to-Certification of Representatives: upon proof of majority repre- sentation ; stipulation as to. Mr. Charles Y. Lati',mer, for the Board. Mr. A. W. Sharp, of Fort Smith, Ark., for the Company. Mr. Frank Manning, of Muskogee, Okla., for the International. Mr. Wallace Cooper, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On November 7, 1938, International Woodworkers of America, Local S-188, herein called the International, filed with the Regional Director for the Fifteenth Region (New Orleans, Louisiana) a peti- tion alleging that a question affecting commerce had arisen con- cerning the representation of employees of The Long-Bell Lumber Company, Fort Smith, Arkansas, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 6, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to Sec- tion 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, or- dered an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice. On December 17, 1938, the International filed an amended petition with the Regional Director. 11 N. L. R. B., No. 105. 1162 THE LONG-BELL LUMBER COMPANY ET AL. 1163 On January 11, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the International. On January 20, 1939, the Regional Director issued a notice of advancement of hearing, which was duly served upon each of said parties. Pursuant to this notice, a hearing was held on January 23, 1939, at Fort Smith, Arkansas, before Henry J. Kent, the Trial Examiner duly designated by the Board. The Board, the Company, and the International were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. The Board has reviewed the rulings of the Trial Examiner and finds that no preju- dicial errors were committed. The rulings are hereby affirmed. There was introduced in evidence a stipulation dated January 16, 1939, signed by the Company, the International, and Charles Y. Lat- imer, attorney for the Board. The stipulation, which provides that it shall be subject to the approval of the Board, covers all the ma- terial issues involved in the present proceedings. The stipulation is hereby approved. Upon this stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Long-Bell Lumber Company is and has been since April 5, 1884, a corporation organized and existing under and by virtue of the laws of the State of Missouri, having its principal office and place of business in Kansas City, Missouri. The Company is engaged in the business of manufacturing lum- ber, lumber products, and other commodities, and in maintaining and operating warehouses, yards, and stores for the assembling, distribu- tion, and sale of such products and commodities. It operates at Fort Smith, Arkansas, a plant which is chiefly engaged in glazing, and has other manufacturing and processing plants at Longview, Wash- ington; Weed and Dorris, California; Klamath Falls, Oregon; Dou- cette, Texas; DeRidder, Louisiana; Joplin, Missouri; and Crandall, Mississippi. The Company's products are constantly being trans- ported in large quantities through different States from one plant to another and to its distribution warehouses, yards, and stores for processing, finishing, and sale or delivery. The present proceedings involve only the plant of the Company lo- cated at Fort Smith, Arkansas. During the first 6 months of the year 1938, the Company transported or caused to be transported to this plant for its normal manufacturing and processing operations 1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD raw materials, equipment, supplies, and products manufactured at some or all of its other plants. There were so transported to the Fort Smith plant open windows valued at more than $50,000; glass valued at more than $25,000; doors valued at more than $10,000; and mis- cellaneous materials or products valued at more than $3,000. More than 50 per cent of the open windows and doors were transported to the Fort Smith plant from outside Arkansas. During the same period, the Company manufactured and processed at its Fort Smith plant glazed windows worth more than $50,000 and doors worth more than $10,000. The Company transported or caused to be transported to points outside of Arkansas in excess of 50 per cent of such products. The Company admits that it "is engaged in interstate commerce within the meaning of the Act, as interpreted by the United States Supreme Court." II. THE ORGANIZATION INVOLVED International Woodworkers of America, Local S-188, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to its membership all production and maintenance employees of the Company at its Fort Smith plant, exclusive of clerical, office, and supervisory employees and watchmen. III. THE QUESTION CONCERNING REPRESENTATION On October 14, 1936, the Company and the Mill Men and Wood Workers Local Union No. 1607, affiliated with the United Brother- hood of Carpenters and Joiners of America, herein called the Local Union, entered into an agreement covering wages and working con- ditions of the production and maintenance employees at the Fort Smith plant. The agreement provided that it should remain in effect until terminated by either party "giving sixty days advance notice in writing to the other party." The agreement was terminated on October 17, 1937, pursuant to a notice in writing which the Local Union sent to the Company on August 17, 1937. In February 1938, the members of the Local Union voted to change their affiliation to the Interna- tional. Marvin Allen, a former member of the Local Union, testified at the hearing that the Local Union no longer existed. The Company states that it is unwilling to bargain collectively with the International until a determination has been made by the Board with respect to the appropriate bargaining unit and the proper bar- gaining representative. It further states that if the Board, under the authority of the Act on the basis of the stipulation introduced in evidence, certifies the International as bargaining representative, the Company will proceed, on request, to bargain collectively with it in THE LONG-BELL LUMBER COMPANY ET AL. 1165 respect to wages, hours of employment, working conditions, and other matters which may be raised. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT It has been stipulated by all the parties and we find that all produc. tion and maintenance employees at the Company's Fort Smith plant, excluding clerical, office, and supervisory employees and watchmen, constitute a unit appropriate for collective bargaining. We further find that said unit will insure to employees of the Company at its Fort Smith plant the full benefit of their right to self-organization and to collective bargaining, and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Company has 25 employees within the appropriate unit at the Fort Smith plant. All of the parties have agreed by stipulation that 15 of these 25 employees within the appropriate unit are members of the International, and photostatic copies of the membership cards of these 15 employees are annexed to and made a part of the stipulation. We find that the International has been designated and selected by a majority of the employees in the appropriate unit as their repre- sentative for purposes of collective bargaining, and we will so certify. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The Long-Bell Lumber Company, Fort Smith, Arkansas, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The production and maintenance employees of the Company, ex- cluding clerical, office, and supervisory employees and watchmen, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. International Woodworkers of America, Local S-188, is the ex- clusive representative of all the employees in such unit for the pur- poses of collective bargaining, within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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 8, of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that International Woodworkers of America, Local S-188, has been designated and selected by a majority of the pro- duction and maintenance employees of The Long-Bell Lumber Com- pany, Fort Smith, Arkansas, excluding clerical, office, and super- visory employees and watchmen, as their representative for the pur= poses of collective bargaining and that, pursuant to -the provisions of Section 9 (a) of the Act, International Woodworkers of America, Local S-188, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.