Dierks Lumber & Coal Co.

National Labor Relations Board - Board Decisions

Sep 9, 1943

52 N.L.R.B. 531 (N.L.R.B. 1943)

In the Matter of DIERHS LUMBER & COAL COMPANY and INTERNATIONAL
WooDwoRBERs OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-585.Decided September 9, 1943
Mr. Carl E. Enggas, of Kansas City, Mo., and Mr. Elbert Cook, of
De Queen, Ark., for the Company.
Messrs. Lloyd C. Welsh and George Allison, of De Queen, Ark., for
the C. I. O.
Mr. C. W. Mowery, of Little Rock, Ark., for the A. F. of L.
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 C. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Dierks Lumber & Coal Company, Wright City, Okla-
homa, 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 Idabel, Okla-
homa, on August 6, 1943. The Company, the C. I. 0., and United
Brotherhood of Carpenters and Joiners of America, affiliated with
the A. F. of L., herein called the A. F. of L., 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. 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 Arkan-
52 N. L. R. B., No. 83.
549875-44-vol. 52-35 531
532 DECISIONS OF NATIONAL LABOR RELATION'S BOARD
sas and Oklahoma. It is with the Company's operations at Wright
City, Oklahoma, that we are concerned in this proceeding. Approx-
imately 75 percent of all finished products manufactured at the Wright
City mill is shipped to points outside the State of Oklahoma; ap-
proximately 600 persons are employed by the Company in its Wright
City operations.
H. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, affiliated with the Con-
gress of Industrial Organizations, and United Brotherhood of Car.
penters and Joiners of America, affiliated with the American Federa-
tion of Labor, are labor organizations admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The C. I. O. desires recognition as sole bargaining representative
of the Company's employees at the sawmill and planing mill at Wright
City, and the Company has indicated that it would not recognize the
C. O. I. as such unless and until it was certified by the Board.
A statement prepared by a Field Examiner, introduced in evidence
at the hearing, indicates that the C. I. O. represents a substantial
Humber of employees in the unit hereinafter found to be appropriate.'
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 Re-
lations Act.
IV. THE APPROPRIATE UNIT
The parties agree that all production and maintenance employees
should be included in the 'appropriate unit. They also agree that
supervisory employees, clerical employees, and armed guards and
watchmen should be excluded from the unit. There is a controversy,
however, in that the C. I. O. seeks a unit confined to the employees of
the sawmill and planing mill, whereas the Company and the A. F. of
L. contend that the logging division, which is situated approximately
25 miles from the sawmill and planing mill, should together with the
sawmill and planing mill constitute a single unit.
Where there has been a history of collective bargaining in a unit
including logging and mill employees, the Board has found such unit
1 The statement of the Field Examiner shows that the C. I. 0 submitted 215 applica-
tion cards , 210 of which bear apparently genuine signatures , and 186 of which bear names
of persons whose names are listed on the Company 's pay roll of July 1943; the pay roll
contains the names of 379 employees in the appropriate, unit The A . F. of L. submitted
131 membership cards to the Tilal Examiner during the hearing , 20 of which bear ap-
parently genuine signatures and names of persons listed on the Company 's pay roll of 'July
1943.
DIERKS LUMBER & COAL COMPANY 533
to be appropriate in the absence of persuasive countervailing factors.'.
However, mill employees are generally geographically separated from
the logging employees, possess skills different from those of the log-
ging employees, and work under markedly different conditions.
Where there is no history of collective bargaining and where a unit
of mill employees coincides with the extent of organization, the Board
has found such unit to be appropriate for purposes of collective
bargaining.3 The record reveals that a similar situation exists here.
We find that the production and maintenance employees in the
Company's sawmill and planing mill at Wright City, Oklahoma, ex-
cluding all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, clerical employees, and
armed guards and watchmen, 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 within the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction
herein, subject to the limitations and additions set forth in the Di-
rection. Since the A. F. of L. has made some showing of represen-
tation, we shall accord it a place on the ballot.
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Dierks Lum-
her & Coal Company, Wright City, 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 su-
pervision 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, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
2 See Matter of S. A. Agnew Lumber Co., 44 N. L. R B. 1253.
3 See Matter of Shaw Lumber Company, 37 N. L. R B 818.
534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ately 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 they desire to be represented by In-
ternational Woodworkers of America, affiliated with the C. I. 0., or
by United Brotherhood of Carpenters and Joiners of America, affil-
iated with the A. F. of L., for the purposes of collective bargaining,
or by neither.
CHAIRMAN Mu.LIs took no part in the consideration of the above
Decision and Direction of Election.