California Association Of Employers

National Labor Relations Board - Board Decisions

May 24, 1950

89 N.L.R.B. 1558 (N.L.R.B. 1950)

In the Matter of CALIFORNIA ASSOCIATION OF EMPLOYERS, REPRESENT-
ING M . J. MURPHY, INC., UNION SUPPLY COMPANY, THE WORK MILL
AND CABINET COMPANY, INC., TYNAN LUMBER COMPANY, AND
HOMER T. HAI-WARD LUMBER COMPANY, EMPLOYERS and CARPEN-
TERS UNION LOCAL 1323, OF THE INTERNATIONAL BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA, AFL, PETITIONER
Case No. 00-RC-783.-Decided May 24,1050
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Nathan R.
Berke, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and members
Houston and Styles].
Upon the entire record in this case, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization named below claims to represent certain
employees of the Employers.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employers within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.'
4. The appropriate unit; the determination of representatives:
The Petitioner seeks a single unit composed of all working foremen,
working superintendents, journeymen, millmen, cabinetmakers, and
apprentices employed by all the named Employers. The parties agree
upon the several categories of employees to be included in the unit.
I The Petitioner has a present contract with the Employers covering the employees sought
in this proceeding , but desires a board certification. See Reuben Gordon Shoe Co., Inc..
89 NLRB 301 ; General Box Company , 82 NLRB 678.
89 NLRB No. 216.
1558
CALIFORNIA ASSOCIATION OF EMPLOYERS 1559
The Employers, together with other employers not involved in this
proceeding, are members of the California Association of Employers.
All negotiations relative to the labor policies of its members are con-
ducted by the Association, and the individual Employers are bound by
the agreements executed by the Association. As the individual Em-
ployers have delegated to the Association the authority to conduct
negotiations jointly and have for several years participated in bar-
gaining negotiations conducted on their behalf by the Association, we
find, in agreement with the parties, that a multiemployer unit is
appropriate.3 However, Homer T. Hayward Lumber Company has no
employees of the type included in the proposed unit, and the parties
agree that this Employer should be excluded from the bargaining
unit.,
We find, in agreement with the parties, that all working foremen,
-working superintendents, journeymen, millmen, cabinetmakers, and
apprentices employed by M. J. Murphy, Inc., Union Supply Company,
the Work Mill and Cabinet Company, Inc., and Tynan Lumber Com-
pany, at their Monterey, California, and vicinity, milling and lumber
plants, excluding all other employees and all supervisors 5 within the
meaning of the Act, constitute 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 M. J. Murphy, Inc., Union
Supply Company, the Work Mill and Cabinet Company, Inc., and
Tynan Lumber Company, an election by secret ballot shall be con-
ducted as early as possible, but not later than 30 days from the date of
this Direction, under the direction and supervision of the Regional
Director for the Region in which this case was heard, and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations, among the employees described in paragraph num-
bered 4, above, who were employed during the payroll period imme-
diately preceding the date of this Direction of Election, including
employees who did not work during said payroll period because they
2 There is no evidence in the record that such other employers have employees in the
classifications involved in this case.
3 Associated. Shoe Industries of Southeastern . Mass .. Inc. et . al., 81 NLRB 224.
4 Although a party to the current contract with the Petitioner, Homer T. Hayward Lum-
ber had no employees in the contractual unit at the time the contract was executed.
5 The parties agree, and we find, that only the working superintendent employed by
M. J. Murphy, Inc., and the working foremen and working superintendents employed by
the work Mill and Cabinet Company , Inc., are supervisors and are , therefore, excluded
from the unit.
1560 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were ill or on vacation or temporarily laid off, 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, and
also excluding employees on strike who are not entitled to reinstate-
ment, to determine whether or not they desire to be represented, for
purposes of collective bargaining, by Carpenters Union Local 1323, of
the International Brotherhood of Carpenters and Joiners of America,
AFL.