Crossett Lumber Co.

National Labor Relations Board - Board Decisions

Nov 12, 1946

71 N.L.R.B. 653 (N.L.R.B. 1946)

In the Matter of CROSSETT LUMBER COMPANY, EDIPLOYER and INTER-
NATIONAL WOODWORKERS OF AMERICA, C.I. 0., PETITIONER
Case No. 15-R-1769.-Decided November 12, 1946
Messrs. Paul Sullins, R. P. Meredith, and A. T. McDonough, of
Crossett, Ark., for the Employer.
Mr. Walter Harris, of Little Rock, Ark., and Mr. W. D. Moore, of
El Dorado, Ark., for the Petitioner.
Mr. Charles Mendenhall, of Little Rock, Ark., for Local 2590. -
Mr. C. A. Mowery, of Little Rock, Ark., for Local 497 and Local 1517.
Miss Irene R. Shriber, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Crossett,
Arkansas, on August 29, 1946, before C. Paul Barker, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. At the hearing, Local 2590
moved to dismiss the petition on the ground that there is pending be-
fore the Board a charge filed by Local 2590 on April 1, 1946, alleging
that the Employer had committed certain unfair labor practices.
This unfair labor practice charge, Local 2590 asserts, should be dis-
posed of before the Board proceeds with the petition herein. The
hearing officer referred this motion to the Board for determination.
On October 2, 1946, the Regional Director for the Fifteenth Region
dismissed the unfair labor practice charge herein referred to. The
dismissal, although appealed,' has been affirmed by the Board. Ac-
cordingly, the motion to dismiss is hereby denied.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Crossett Lumber Company, Saw Mill Division, is an Arkansas cor-
poration with its principal office and saw mill at Crossett, Arkansas,
71 N L. R B, No. 101.
653
654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
where it manufactures pine and hardwood lumber products. The
Employer annually uses raw materials and other supplies valued
at more than $200,000, of which approximately 5 percent is received
from points outside the State of Arkansas. The Employer annually
produces finished products valued in excess of $200,000, of which ap-
proximately 90 percent is shipped to out-of-State purchasers.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
United Brotherhood of Carpenters and Joiners of America, Local
2590 (herein called Local 2590), United Brotherhood of Carpenters
and Joiners of America, Local 497 (herein called Local 497), United
Brotherhood of Painters, Decorators and Paper Hangers of America,
Local 1517 (herein called Local 1517), United Brotherhood of Loco-
motive Firemen & Engineers, Local 779 (herein called Local 779), are
all labor organizations affiliated with the American Federation of
Labor, claiming to represent employees of the Employer.'
III. THE QUESTION CONCERNING REPRESENTATION
On June 22, 1946, the Petitioner requested the Employer to recog-
nize it as the exclusive bargaining representative of the Employer's
production and maintenance employees. The Employer refused the
request. On June 27, 1946, the Petitioner filed its petition with the
Board.
Local 2590 contends that a collective bargaining agreement entered
into with the Employer on July 26, 1945, is a bar to this proceeding.
The duration clause of this contract provides that it is to continue in
existence for one year and be renewable automatically from year to
year thereafter unless either party notffies the other of an intention
to terminate the agreement at least 30 days before the annual expira-
tion date. No notice of such desire to terminate has been served by
either of the contracting; parties. However, as previously indicated,
the Petitioner notified the Employer of its interest before the operative
date of the automatic renewal clause and filed its petition with the
Board within 10 clays thereafter. Under these circumstances, the
contract is not a bar.'
' Locals 497, 1517 and 771) appealed only to piotect then interests as representatives of
various employees excluded f0 om the unit found appropriate Thee espiessed no desn e to
appear on the ballot in the election directed hereinafter Accordin_lc, their navies lviii be
o1mtted from the ballot
s See Matter of General Elect) is X-Ray Corporation, 67 N L R B 997
CROSSETT LUMBER COMPANY 655
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees, including water chemists, but
excluding superintendents, assistant superintendents, foremen, assist-
ant foremen, department - heads, timekeepers, safety supervisors,
technical employees, chemists, meter men, office and clerical employees,
confidential employees, carpenters and apprentices of the town main-
tenance, painters and helpers of the town maintenance and the train
crews,' and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, 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 Crossett Lumber Company,
Crossett, Arkansas, 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 Fifteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, 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 work during said pay-roll period because they were ill or
on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, 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, to determine whether they desire to be repre-
sented by International Woodworkers of America, C. I. 0., or by
United Brotherhood of Carpenters & Joiners of America, Local 2590,
A. F. of L., for the purposes of collective bargaining, or by neither.
8 The carpenters and apprentices of the town maintenance , the painters and helpers of
the town maintenance and the train crews are covered by collective bargai n ing agreements
with Local 497, Local 1517 and Local 779, respectively
717734-47-vol 71-43