Dierks Lumber & Coal Co.

National Labor Relations Board - Board Decisions

May 6, 1943

49 N.L.R.B. 539 (N.L.R.B. 1943)

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In the Matter of DIERKS LUMBER & COAL COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA-CIO
Case No. R-5226.-Decided May 6,1943
Mr. Charles E. Whittaker, of Kansas City, Mo., and Mr. Albert
Cook, of DeQueen, Ark., for the Company.
Mr. Lloyd C. Welch, of DeQueen, Ark., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Woodworkers of Amer-
ica-CIO, herein called the Union, alleging that It question affecting
commerce had arisen concerning the presentation of employees of
Dierks Lumber & Coal Company, Dierks, Arkansas, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before J. Michael Early, Trial Exam-
iner. Said hearing was held at DeQueen, Arkansas, on April 22, 1943.
The Company _and the Union appeared, participated, 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Dierks Lumber & Coal Company, a Delaware corporation, owns
and operates four sawmills which are located in Mountain Pine and
Dierks, Arkansas, and Broken Bow and Wright City, Oklahoma.
We are concerned herein with the Company's operations at Dierks,
Arkansas. All lumber used at the Dierks mill involved herein comes
49 N. ' L. R. B., No. 75.
539
540 DEiOESIONS OF NATIONAL LABOR RELATIONS BOARD
from within the State of Arkansas from land owned by the Company
or is delivered to the Company pursuant to contracts between the
Company and third persons. Approximately 60 percent of all fin-
ished products produced at the Dierks mill is shipped to points outside
the State of Arkansas. The Company .is engaged in defense work
and supplies materials to the Government under direct contract and
subcontract. We find that the Company is engaged in commerce
within the meaning of the National Labor Relations Act.
If. THE ORGANIZATION INVOLVED
International Woodworkers of America is a' labor organization af-
filiated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company met with an agent of the Board on or about April
2, 1943, after the petition in the instant case had been filed, and re-
fused to agree to a consent election upon the terms proposed at that
meeting.'
A statement of the Trial Examiner introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
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
The Union contends; without objection by the Company,3 that all
employees of, the Company at the Dierks, Arkansas, plant, including
watchmen, mill and logging employees, and truck drivers,, but ex-
cluding the superintendent, foremen, assistant foremen, dry kiln op-
erator, shipping clerk, head machinist, head electrician, head saw filer,
plant engineer, civil engineer, and all clerical and store employees,
constitute a unit appropriate for the purposes of collective bargaining.
In the absence of any prior bargaining, history disclosed by the
record or any contention with respect to the inappropriateness of the
unit sought, we find that all employees of "the Company engaged at
the Dierks`, Arkansas, plant, including truck drivers, mill and logging
I These terms were not disclosed at the hearing.
2 The Trial Examiner reported that the Union submitted 245 application cards bearing
apparently genuine original signatures , of which 220 bear names of persons appearing
upon the Company 's pay roll of April 13 , 1943. This pay roll contained 373 names in the
appropriate unit
8 At the hearing the Company stated that it did not desire to make any contention what-
soever with regard , to the appropriateness of any unit.
DIERKS LUMBER & COAL COMPANY 541
employees , and watchmen , but excluding the superintendent , foremen,
assistant foremen, dry kiln operator , shipping clerk, head machinist,
head electrician , head saw filer , plant engineer , civil engineer, and
all clerical and store employees , 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion, subject to the limitations and additions set forth therein.
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Dierks Lumber &
Coal Company, 'Dierks, 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 Article III, Section 10, 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 any such 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 any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Interna-
tional Woodworkers of America , affiliated with the Congress of In-
dustrial Organizations , for the purposes of collective bargaining.