D. L. Fair Lumber Co.

National Labor Relations Board - Board Decisions

Mar 30, 1948

76 N.L.R.B. 1013 (N.L.R.B. 1948)

In the Matter of D. L. FAIR LUMBER COMPANY, EMPLOYER and UNITED
BROTIIERHOOD OF CARPENTERS & JOINERS OF AMERICA, LOCAL UNION
3052, LUMBER AND SAWMILL WORKERS BRANCH , AFL, PETITIONER
Case No. 15-RC-4.-Decided March 30, 1948
Mr. Robert L. McKnight, of Memphis, Tenn., and Mr. V. B. Lewis,
of Louisville, Miss., for the Employer.
Mr. Walter F. Yount, of Memphis, Tenn., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Jackson,
Mississippi, on January 13, 1948, before Richard C. Keenan, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board' makes the following:
FINDINGS OF FAOr
1. THE BUSINESS OF THE EMPLOYER
D. L. Fair Lumber Company is engaged in the lumber and sawmill
business at its plant in Bruce, Mississippi. During the 6 months end-
ing November 30, 1947, the Employer processed 8,000,000 feet of lum-
ber at this plant, all of which came from within the State of Missis-
sippi. During this same period, the Employer manufactured at this
plant products valued at about $650,000, 90 percent of which was
shipped to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
'Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with this case to a three -man panel consisting of the undersigned'
Board Members [ Houston, Murdock , and Gray]
76 N L, R. B., No. 147.
1013
1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Em-
ployer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the Pe-
titioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) 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 Bruce; Mississippi, plant of the Em-
ployer, excluding all office and clerical employees, professional em-
ployees, guard, foremen, and all or any other supervisors, 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 pur-
poses of collective bargaining with D. L. Fair Lumber Company,
Bruce, Mississippi, 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, and subject to Sections 203.61 and
203.62, of National Labor Relations Board Rules and Regulations-
Series 5, 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, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented by United Brotherhood of Carpen-
ters & Joiners of America, Local Union 3052, Lumber and Sawmill
Workers Branch, AFL, for the purposes of collective bargaining.