Chicago Mill & Lumber Co.

National Labor Relations Board - Board Decisions

May 23, 1945

61 N.L.R.B. 1403 (N.L.R.B. 1945)

In the Matter Of CHICAGO MILL & LUMBER COMPANY and INTERNA-
TIONAL WOODWORKERS OF AMERICA, CIO
Case No. 15-R-1,307.-Decided May 03, 1945
Mr. C. E. Daggett, of Marianna, Ark., Mr. R. N. Wars, of Tallulah,
La., and Messrs. J. H. Dunn and F. W. Schatz, of Helena, Ark., for
the Company.
Mr. John L. Hawkins, of Memphis, Tenn., for the I. W. A.
Mr. Forrest B. Jackson, of Jackson, Miss., Mr. Charles Mendenhall,
of Little Rock, Ark., and Mr. T. A. Hundermark, of Vicksburg, Miss.,
for the United. I
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Woodworkers of America,
CIO, herein called the I. W. A., alleging that a question affecting
coromerce had arisen concerning the representation of employees of
Chicago Mill & Lumber Company, Tallulah, Louisiana, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Walter Wilbur, Trial
Examiner. Said hearing was held at Tallulah, Louisiana, on April
23, 1945. At the commencement of the hearing, the Trial Examiner
granted a motion of United Brotherhood of Carpenters and Joiners
of America, Local 3069, A. F. of L., herein called the United, to inter-
vene. The Company, the I. W. A., and the United appeared, partici-
pated, 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 error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
61 N. L R. B, 226.
1403
1404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the, following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Chicago Mill & Lumber Company is a Delaware corporation operat-
ing a plant at Tallulah, Louisiana, where it is engaged in the manu-
facture of lumber, veneer, boxes, and plywood. The Company annually
manufactures products at its Tallulah plant valued in excess of
$100,000, about 90 percent of which is shipped to points outside the
State of Louisiana.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
U. THE ORGANIZATIONS INVOLVED
International Woodworkers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
United Brotherhood of Carpenters and Joiners of America, Local
3069, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 28, 1944, the I. W. A. notified the Company that it
claimed to represent the Company's employees and requested the Com-
pany not to enter into any new contracts with any labor organization.
On April 23, 1943, the Company entered into an exclusive collective
bargaining contract with the United covering the employees involved
herein. Said contract provides that it shall remain in effect until
April 23, 1944, and from year to year thereafter unless notice of a
desire to terminate is given by either party thereto not less than thirty
(30) days prior to any annual expiration date. On March 23,,1944,
the contract renewed itself pursuant to its provisions. Inasmuch as
the I. W. A. made its claim to representation in a timely fashion, we
find that the contract does not constitute a bar to a determination of
representatives at this time.
A statement of the Regional Director, made a part of the record
subsequent to the hearing, pursuant to a stipulation of the parties,
indicates that the I. W. A. and the United each represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
I The Regional Director reported that I. W. A. and the Uaited presented 210 authoriza-
tion cards and 147 membership cards, respectively , bearing the names of persons who ap'
pear on the Company ' s pay roll of February 14, 1945. There are approximately 440
employees in the appropriate unit.
CHICAGO MILL & LUMBER COMPANY 1405
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
We find, in agreement with the parties, that all production and
maintenance employees at the Tallulah plant of the Company, exclud-
ing watchmen, office, clerical, logging, wood, and railroad employees,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by means of an election by secret ballot.
The I. W. A. and the United request that the pay roll immediately
preceding the date of the election be used to determine eligibility to
vote. Inasmuch as no persuasive reason for departing from our usual
practice appears, we shall direct that the employees eligible to vote
shall be those in the appropriate unit who were employed during the
pay-roll period immediately preceding 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Chicago Mill &
Lumber Company, Tallulah, Louisiana,; 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 super-
vision of the Regional Director for the Fifteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, 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 employees who did not
2 This is the same unit that is provided for in the contract between the United and the
Company, alluded to above.
639678-45-vol. 61-90
1406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
work during the said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person a£ the
polls, but excluding any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by Inter-
national Woodworkers of America, CIO, or by United Brotherhood of
Carpenters and Joiners of America, Local 3069, A. F. of L., for the
purposes of collective bargaining, or by neither.