C. M. Gooch Lumber Co.

In the Matter of C. M. GOOCH LIIMBER COMPANY and INTERNATIONAL WooDwoRHERs OF AMERICA Case No. R-3038.-Decided October 14, 1941 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election. Mr. Alexander E. Wilson, Jr., and Mr. Earle K. Shawe, for the Board. Mr. Royden Dixon, of Memphis, Tenn., for the Company. Mr. William R. Henderson, of Memphis, Tenn., for the I. W. A. Miss Melrvern R. Krelow, of counsel to, the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES On July 28, 1941, International Woodworkers of America, affili- ated with the Congress of Industrial Organizations, herein called the I. W. A., filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of C. M. Gooch Lumber Company, at its Memphis Mill, Memphis, Tennessee, herein called the Company, engaged in the business of sawing lumber and the manufacture and sale of lumber and lumber products, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 19, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing on due notice. On August 19, 1941, the Company, the Union, and :attorneys for the Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to the Stipulation, an election by secret ballot was con- ducted on September 5, 1941, under the direction and supervision 36 N. L. R. B., No. 19. 124 I- C. M. GOOCH LUMBEfR COMPANY ,125 of the Regional Director, among all production and maintenance employees of the Company, at its Memphis Mill, exclusive of super- visory and clerical employees," to determine whether or not said employees desired to be represented by the I. W. A. On September 11, 1941, the Regional Director issued and duly served upon the parties his Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In his Election .Report the Regional Director reported as follows concerning the balloting, and its results : Total number eligible--------------------------------------- -60 Total Ballots cast------------------------------------------ 56 Total number of ballots cast for INTERNATIONAL WOODWORKERS OF AMERICA----------------------------------------------- 43 Total number of ballots cast against INTERNATIONAL WOOD- WORKERS OF AMERICA-------------------------------------- 13 Total number of challenged ballots-------------------------- 0 Total number of void ballots-------------------------------- 0 Total number of blank ballots------------------------------ 0 Upon the basis ' of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of C. M. Gooch Lumber Company, at its Memphis Mill, Memphis, Tennessee, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company at its Memphis Mill, exclusive of supervisory and clerical employees,., constitute a unit appropriate for the purposes of collective bargain- ing, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. International W.ooaworkers of America, affiliated with the Con- gress of Industrial Organizations, has been designated and selected by a majority of the employees in the above unit as their representa- tive for the purposes of collective bargaining, and- is the exclusive representative of all employees in said unit, within the meaning. of Section 9 (a) of the National Labor Relations Act. IIn his Election Report the Regional Director described the excluded groups as "super visory, sawyers, saw filers, mill foremen, planing mill foremen, lumber inspectors and' clerical employees." ,126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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, IT..is HEREBY CERTIFIED that International. Woodworkers- of Amer- ica, affiliated with the Congress of Industrial. Organizations, has been designated and selected by a majority of all production and mainte nance, employees, of C. M.; Gooch ;Lumber Company, at its Mer phis Mill, Memphis, Tennessee, exclusive. of supervisory. and clerical. em- ployees, as their representative for the purposes of collective bargain- ing, and that, pursuant to 'Section 9 (a) of `the Act,. International Woodworkers of America, .affiliated with the Congress of .Indus- trial Organizations, is the exclusive representative of :all 'such em- ployees for the purposes. of 'collebtivei 'bargaining in 'respect to rates of pay, wages, hours of employment, another conditions of employment:.. Mx GERARD D. REni.Y took no part 'in the consideration' of the above Decision and Certification, of Representatives.