Dierks Lumber & Coal Co.

National Labor Relations Board - Board Decisions

Apr 12, 1948

77 N.L.R.B. 39 (N.L.R.B. 1948)

In the Matter of DIERKS LUMBER & COAL COMPANY, EMPLOYER and
INTERNATIONAL WOODWORKERS OF AMERICA, CIO, PETITIONER
Case No. 15M--R-95.-Decided April P9,,19418
Mr. Carl Enggas, of Kansas City, Mo., and Mr. Elbert Cook, of
DeQueen, Ark., for the Employer.
Messrs. Carl Foster and Lee F. Tucker, of Little Rock, Ark., for the
Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Hot
Springs, Arkansas, on December 17, 1947, before Richard C. Keenan,
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 the case, the National Labor Relations
Board 1 makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF TIIE EMPLOYER
Dierks Lumber & Coal Company, a Delaware corporation, is en-
gaged in logging and milling operations. We are here concerned only
with its operation at Forrester, Arkansas. The Employer annually
ships lumber valued in excess of $900,000, of which approximately 80
percent is shipped to points outside the State of Arkansas.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress of
Industrial Organizations claiming to represent employees of the
Employer.
'Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with this case to a three -man panel consisting of the undersigned
Board Members [ Chairman Herzog and Members Houston and Reynolds].
77 N. L. R. B., No. 2. 39
40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 ( c) (1) and Section 2 (6) and (7).of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accord with the agreement of the parties,
that all production and maintenance employees in the mill and logging
departments at the Forrester, Arkansas, operation of the Employer,
excluding all office , clerical, store and commercial garage employees,
watchmen, guards, the head saw filer and supervisors, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Dierks Lumber R Coal Com-
pany, Forrester, Arkansas, an election by secret ballot shall be con-
ducted 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, and subject to Sections
903.61 and 203 .62, of National Labor Relations Board Rules and
Regulations-Series 5, among the employees in the unit found appro-
priate 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, but excluding those
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, and
also excluding employees on strike who are not entitled to reinstate-
ment, to determine whether or not they desire to be represented by
International Woodworkers of America, CIO, for the purposes of
collective bargaining.