Harriston Hardware Co.

National Labor Relations Board - Board Decisions

Sep 10, 1946

70 N.L.R.B. 1296 (N.L.R.B. 1946)

In the* Matter Of HARRISTON HARDWARE COMPANY, EMPLOYER and
INTERNATIONAL WOODWORKERS OF AMERICA, CIO, LOCAL S-440,
PETITIONER
Case No. 15-R-1697.-Decided September 10, 1946
Mr. Robert L. McKnight, of Memphis, Tenn., for the Employer.
Mr. Doyle Dorsey, of Natchez, Miss., for the Petitioner.
Miss Kate Wallach, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon an, amended petition duly filed, hearing in this case was
held at Natchez, Mississippi, ;on July .19, 1946, before C. Paul Barber,
Trial Examiner. 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 National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Harriston Hardwood Company, ,a Mississippi corporation, operates
a sawmill at Harriston, Mississippi, where it is engaged in the pro-
cessing of logs into hardwood lumber.
During the fiscal year ending April 30,1946, the Employer purchased
approximately $126,000 worth of logs and-other raw material for use
in its manufacturing operations, of which about 1 percent was delivered
to its Harriston plant from States other than the State of Mississippi.
During the same period the Employer sold from this plant approxi-
mately $250,000 worth of hardwood lumber, of which amount approxi-
mately 75 percent represented shipments to points outside the State of
Mississippi.
' At the hearing, the Employer moved that the Board introduce evidence showtng that
the Petitioner represents a substantial number of employees in the unit alleged to be ay'
piopiiate The Trial Examiner properly denied the motion Matter of 0. D. Je+u`ings A
Company, 68 N L R B 516. See also Matter of Nash Motors Division of Nash-K.i-
'vinator Sales, Corporation (Philadelphia Zone), 68 N. L. R B. 651; Matter .f I. IFsn4
Hosiery, Incorporated, 70 N. L. It. B 37
70 N. L. R. B., No. 123. 0
1296
HARRISTON HARDWOOD COMPANY 1297
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act. -
II. THE ORGANIZATION INVOLVED'
The Petitioner 2 is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
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 has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TLIE APPROPRIATE UNIT
The parties agree, and we find, that all production and maintenance
employees of the Employer at its Harriston, Mississippi, operations,
including woods crews 3 and watchmen, but excluding clerical employ-
ees, lumber inspectors, filer and sawyer, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, consLifute 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, subject to the
limitations and additions set forth in the Direction.
The Employer employed at the time of the hearing about four or
five temporary employees. It appears that the employment of these
individuals is casual in nature. In accordance with our established
practice in such cases we find these temporary employees ineligible
to vote.
2
The name of the Petitioner appears in the caption as amended at the hearing -
' The record shows that the Employer relies on independent contractors for most of its
logging operations Although the woods crews ate engaged in lumber cutting, they also
work inside the null during bad weather , enjoy the same rate of pay and hours of work as
those of the production employees , and are under the supervision of the superintendent of
the mill . Under these circumstances , we agree with the parties that the woods crews
should be included in the unit
1298 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Harriston Hardwood 'Com-
pany, Harriston, Mississippi, 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, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of National Labor Relations Board Rules and
Regulations-Series 3, as-amended, and to our determination in Sec-
tion V, 'above, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
mediately 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 empolyees in the
armed forces of the United States who present themselves in person
at the polls, 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, to determine whether or not they de-
sire to be represented by International IV, ood"'orkers of Ainerica,
CIO, Local 8-440, for the purposes of collective bargaining.
MR. JAMES J. REYNOLDS, JR., took nu part-in the consideration of
the above Decision and Direction of Election.