Charles H. Barnaby Lumber Co.

National Labor Relations Board - Board Decisions

May 12, 1942

40 N.L.R.B. 1308 (N.L.R.B. 1942)

In the Matter of CHARLES H. BARNABY AND BESS R. BARNABY, CO-
PARTNERS, D/B/A CHARLES H. BARNABY LUMBER COMPANY and HOD
CARRIERS AND COMMON LABORERS, LOCAL No. 545, AFFILIATED WITH
THE A. F. OF L.
Case No. R-3734.-Decided May 12, 194
Jurisdiction : lumber manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all mill and yard employees at the
plant, excluding supervisors, clerical and 'office 'employees, and cutters;
cutters excluded despite Company's objection.
Mr. Paul Y. Davis, of Indianapolis, Ind., and Gillen and Lyon,
by Mr. Glenn M. Lyon, of Greencastle, Ind., for the Company.
Mr. Raymond J. Kearns, Terre Haute, Ind., for the Union.
Mr. J. Benson, Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Hod Carriers;
and Common Laborers, Local No. 545, affiliated with the American
Federation of Labor, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation
of employees of Charles H. Barnaby Lumber Company, Greencastle,
Indiana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert D. Malarney, Trial Examiner. Said, hearing was held at
Greencastle, Indiana, on April 15, 1942. The Company and the
Union appeared, participated, and 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 errors and' are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
40 N. L R B., No 232.
1308
J
CHARLES H. BARNABY LUMBER COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY
1309
Charles H. Barnaby Lumber Company is a partnership composed
of Charles H. Barnaby and Bess R. Barnaby, doing business at
Greencastle , Indiana. Its business consists of the manufacture of
rough hardwood lumber from logs procured in Indiana , and the
shipment and sale of the manufactured lumber to points both within
and without the State . of Indiana . The partnership produces annu-
ally, approximately 4 million feet of lumber , valued between $300,000
and $400,000 , and ships approximately 50 percent of this output in
interstate commerce to States other than Indiana. The Company
concedes that it is engaged in commerce within the meaning of the
National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Hod Carriers and Common Laborers, Local No. 545, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union and the Company agree that a question concerning
representation has arisen. The Union has requested recognition as
sole bargaining agent for employees of the Company in an alleged
appropriate unit, and the Company has refused such recognition
unless and until the Union is so certified by the Board. A report
of the Regional Director of the Board shows that the Union repre-
sents a substantial number of employees in the appropriate unit.'
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.
IV. THE ' APPROPRIATE UNIT
The, parties agree that all mill and yard employees, excluding
supervisory, clerical, and office employees, constitute an appropriate
bargaining unit. They agree further that the phrase "all mill and
yard employees" should include the laborers, teamsters, and an en-
gineer employed at the plant. The parties are at issue, however, as
'The Regional Director reports that the Union submitted to him I8 application cards,
bearing dates between March 4 and March 14, 1942; that all signatures appear to be
genuine ; and that 17 of the signatures are the names of persons appearing on the
Company's pay roll of January 30, 1942. The number pf employees within the appropriate
unit is approximately 30.
1310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to whether or not eight individuals known as cutters should be in-
cluded in the unit. The Union contends that these eight persons
should be excluded; the Company asserts that these cutters should
be included in the unit.
The cutters fell trees for the Company and, prepare the cut logs
for delivery to the saw mill. Their work, by its very nature, requires
them to be wherever the trees grow. As a result of this requirement
the cutters work for the most part at points approximately 50 to 60
miles away from the plant itself. They do not work on an hourly
basis as do other employees of the Company. Rather they are paid
according to the amount of lumber they cut. In addition the cutters
do not work under the same supervisory employees as do the other
employees of the Company. The supervisory employees who direct
the work of the cutters travel from one group of cutters to another.
There is hardly any interchange of employees between those employed
in cutting the trees and those persons who work at the mill proper.
The cutters care for their own equipment, while a designated em-
ployee working at the plant cares for the equipment of all the other
employees working therein. For these reasons the Union has never
attempted to organize these people and does not desire to represent
them.
In view of the foregoing considerations we find that all mill and
yard employees of the Company at its Greencastle, Indiana, plant,
exclusive of supervisors, clerical and office employees, and cutters
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the Act.2
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 the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately precediing 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 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
2 See C D Johnson Lumber Corporation and Local , No. 2,20, Lumber and Saw Mill
Workers Union, 37 N. L R. B. 42.
CHARLES H. BARNABY LUMBER COMPANY 131L
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Charles H.
Barnaby Lumber Company, Greencastle, Indiana, 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 Eleventh 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 were employed during the pay-roll period immediately preceding-
the date of this Direction, including any such employees who did not
work during said pay-roll period -because they were ill or on vaca-
tion, or in the active military service or training of the United.
States, or temporarily laid off, but excluding any who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by Hod Carriers and Common Laborers Local
No. 545, affiliated with the American Federation of Labor, for the-
purposes of collective bargaining.