Davis Bros. Lumber Co., Ltd.

National Labor Relations Board - Board Decisions

Jan 26, 1945

60 N.L.R.B. 228 (N.L.R.B. 1945)

In the Matter of DAVIS BROS. LUMBER COMPANY, LTD. and LUMBER AND
SAWMILL WORKERS UNION, LOCAL 2546, OF UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA, A. F. OF L.
Case No. 15=R=126"7.-Decided-January 26, 1945
Mr. Ronald L. Davis, of Monroe, La., for the Company.
Mr. Hilton C. Hazel, of Monroe, La., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
'Upon petition duly filed by Lumber and Sawmill Workers Union,
Local 2546, of United Brotherhood of Carpenters and Joiners of
America, A. F. Of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Davis Bros. Lumber Company, Ltd., Ansley, Louisiana,
herein called the Company, the National Labor Relations Board pro.
vided for an appropriate hearing upon due notice before Laurence H.
Whitlow, Trial Examiner. Said hearing was held at Monroe, Louisi-
ana, on January 4, 1945. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine 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.
, Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Davis Bros. Lumber Company, Ltd., is a Louisiana corporation with
its principal place of business at Ansley, Louisiana, where it is engaged
in the production of lumber. From January 1, 1944, to November 15,
1944, $171,596 worth of the Company's products moved in interstate
commerce.
60 N. L. R. B., No. 48.
'228
DAVIS BROS. LUMBER COMPANY, LTD . 229
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
- II. THE ORGANIZATION INVOLVED
Lumber and Sawmill Workers Union, Local 2546, of United Broth-
erhood of Carpenters and Joiners of America, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company
III. THE QUESTION CONCERNING REPRESENTATION
. The Company refuses to recognize the Union as the exclusivecol-
lective bargining representative of its employees until such time as
the Union is certified by the Board. - °
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
We find that a question affecting-commerce has arisen concerning the
representation of the Company, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
of the Company, including the woods crews, railroad and track em-
ployees, and planer mill, sawmill, and yard crews, but excluding office
and clerical employees, commissary and store employees, and super-
visory employees, constitute an appropriate bargaining unit. The
only controversy with respect to the unit concerns the woods crews.
The Company contends that such employees should constitute a sep-
arate unit.
The woods crews are engaged in logging and the hauling of logs.
They work from 5 to 25 miles away from the remaining employees,
who are located at the mills; transportation to and from the woods
operations is furnished by the Company. All employees are paid on
an hourly basis at the same pay window and are all carried on a single
pay roll. Although the respective foremen hire, all applicants must
be cleared with the general manager, who is in charge of the Com-
pany's entire operations. The record discloses that the entire opera-
tions of the Company, including its woods operations, constitute a
single integrated enterprise. We conclude that the woods crews
should be included in the unit.
We find that all production and maintenance employees of the Com-
pany, including the woods crews, railroad and- track employees, and
1 The Field Examiner reported that the Union presented 134 membership application
cards. There are approximately 207 employees in the appropriate unit.
230, DECISIONS : OF NATIONAL - LABOR RELATIONS BOARD
planer mill, sawmill, and yard crews, but excluding office and clerical
employees, commissary and store employees, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise 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.
V. THE-DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees 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.
The Union requests that it appear on the ballot as "Carpenters
Local Union 2546, A. F. L." The request is hereby granted.
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 Davis Bros. Lum-
ber Company, Ltd., -Ansley, 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 sub-
ject 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 work during 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 at 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 or not they desire to be represented by
Carpenters Local Union 2546, A. F. of L., for the purposes of collec-
tive bargaining.
CHAIRMAN Maass took no part in the consideration of- the above
Decision and Direction of Election.