Dierks Lumber & Coal Co.

National Labor Relations Board - Board Decisions

Aug 4, 1943

51 N.L.R.B. 1047 (N.L.R.B. 1943)

In the Matter of DIERKS LUMBER & COAL COMPANY and INTERNA-
TIONAL WOODWORKERS OF AMERICA, C. I. O.
Case No. R-5731.-Decided August 4, 1943
Mr. Carl E. Enggas, of Kansas City, Mo., for the Company.
Mr. Lloyd C. Welch, of DeQueen, Kans., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Woodworkers of America,
affiliated with the C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Dierks Lumber & Coal Company, Broken Bow,
Oklahoma, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert F. Proctor, Trial Examiner. Said hearing was held at Broken
Bow, Oklahoma, on July 15, 1943. The Company and the Union
appeared ,l participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing upon 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
I. THE BUSINESS OF THE COMPANY
Dierks Lumber & Coal Company, a Delaware corporation, is en-
gaged in the manufacture, sale, and distribution of lumber and forest
products. The Company operates several mills in the State of Okla-
i An alleged ^ representative of the A. F. of L appeared at the hearing and claimed to
represent certain employees of the Company. He declined to enter a formal appearance
and submitted no evidence in support of his claim.
51 N. L. R. B., No. 166.
1047
1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
homa; the mill located at Broken Bow, Oklahoma, is the only one
involved herein. The Company ships from its Broken Bow mill ap-
proximately 1,500,000 feet of lumber each month, approximately 75
percent of which is shipped to points outside the State of Oklahoma.
II.,THE ORGANIZATION INVOLVED
International Woodworkers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In June 1943, the Union requested recognition as exclusive bargain-
ing agent for the Company's production and maintenance employees.
The Company stated that it would not recognize the Union unless
and until it was certified by the Board.
A statement prepared by a Field Examiner, introduced in evi-
dence, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to be 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement by the par-
ties, that all production and maintenance employees at the Company's
Broken Bow plant, excluding all supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action,
clerical employees, and armed watchmen or guard employees; con-
stitbte 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
2 The Field Examiner 's statement shows that the Union submitted 183 authorization
cards, 177 of which bear apparently genuine signatures , and 154 of vhich bear names of
persons whose names are listed on the Company's pay roll of June 31, 1943; there are 256
employees in the appropriate unit . All the cards are dated June 1943, except 1, which
is dated November 1942.
DIERKS LUMBER & COAL COMPANY 1049
Election herein, subject to the limitations and additions set forth in
said Direction.
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, Broken Bow, Oklahoma, 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 Sixteenth 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 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 International Woodworkers of America, affiliated with the C. I. 0.,
for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election. '