Dierks Forests, Inc.

National Labor Relations Board - Board Decisions

Aug 11, 1955

113 N.L.R.B. 616 (N.L.R.B. 1955)

616 ' DECISIONS OR.NATIONAL LABOR RELATIONS BOARD
Dierks Forests, Inc. and International Woodworkers of America,
CIO, Petitioner . Cases Nos. 32-RC-83,0, 33-RC-833, 32-RC-840,
and 32-RC-841. August 11, 1955
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions filed under Section 9 (c) of the National
Labor Relations Act, a consolidated hearing was held before Joseph
W. Bailey, 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 these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce in each of the above-numbered
cases exists concerning the representation of employees of the Em-
ployer within the meaning of Section 9 (c) (1) and Section 2 (6) and
(7) of the Act.
4. The following employees of the Employer constitute appropri-
ate units for the purposes of collective bargaining within-the meaning
of Section 9 (b) of the Act : 1
(a) Case No. 30-RC-839: All production and maintenance em-
ployees at the Employer's Broken Bow, Oklahoma, plant, including
truckdrivers but excluding all clerical employees, the superintendent,
foreman, assistant foreman, dry kiln operators, shipping clerks, head
machinist, head electrician, head saw filer, plant engineer, civil en-
gineers, surveyors, armed guards, watchmen, and all supervisors as
defined in the Act 2
(b) Case No. 32-RC-833: All production and maintenance em-
ployees in the logging department at the Employer's Clebit and
Broken Bow, Oklahoma, operations, including the train crew but ex-
cluding office clerical employees, armed guards and watchmen, pro-
fessional and technical employees, and supervisors as defined in the
Act. -
(c) Case No. 3t-RC-84O: All production and maintenance em-
ployees at the Employer's Wright City, Oklahoma, operation, includ-
ing truckdrivers but excluding the superintendent, foreman, assistant
foreman, dry kiln operators, shipping clerks,.head electrician, head
machinist, head saw filer, plant engineer, civil engineer, surveyors,
clerical and store employees, professional and technical employees,
armed guards, watchmen, and all supervisors as defined in the Act.
The units appear as stipulated by the parties.
The parties agree that the head mechanic and head machine operator are supervisors.
113 NLRB No. 68.
SOLVENTOL CHEMICAL PRODUCTS , INC. 617
(d) Case No. 32-RC-841: All production and maintenance em-
ployees, including truckdrivers , mill and logging employees at the
Employer 's Dierks, Arkansas , operation , but excluding the superin-
tendent, foreman , assistant foreman, dry kiln operators , shipping
clerks, head machinist , head electrician , head saw filer, plant engineer,
civil engineer , surveyors , armed guards , watchmen, all clerical and
store employees , professional and technical employees , and super-
visors as defined in the Act.'
[Text of Direction of Elections omitted from publication.]
3 The parties agree that the traveling construction crew is not included in any of the
above units.
Solventol Chemical Products , Inc. and Local 292, Sheet Metal
Workers International Association , AFL, Petitioner. Case No.
7-RC-2811. August 12,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before L. L. Porterfield, 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 this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
.3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
The Petitioner requests an election in a unit of all production and
maintenance employees. The Employer and the Intervenor, Local 365,
United Construction Workers, affiliated with United Mine Workers of
America, contend that their current contract covering essentially the
unit petitioned for, and which the Intervenor contends is effective until
May 15, 1956, is a bar. The contract provides that "The Company
recognizes the Union as the sole and exclusive bargaining agency for
all factory employees," and contains provisions covering wages, griev-
ance procedure, seniority, hours, vacations, and other conditions of
work. In addition, the contract states as follows :
Both the Company and the Union feel that the greatest amount
of.harmony will exist, that better labor relations will prevail and
that the employees' interests will be more adequately represented
113 NLRB No. 71.