Kellogg Lumber Co.

National Labor Relations Board - Board Decisions

Dec 29, 1944

59 N.L.R.B. 1289 (N.L.R.B. 1944)

In the Matter of KELLOGG LUMBER COMPANY and UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA, CARPENTERS LOCAL UNION
No. 2936, A.F. OF L.
Case No. 15-R-1,949.-Decided December 29, 1914
Mr. Ronald L. Davis, of Monroe , La., for the Company.
Mr. Hilton C. Hazel, of Monroe, La., for the Union.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE`
Upon a petition duly :filed by United Brotherhood of Carpenters
and Joiners of America, Carpenters Local Union No. 2936, A. F. of L.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of KelloggLum-
ber Company, Monroe, Louisiana, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Laurence H. Whitlow, Trial Examiner.
Said hearing was held at Monroe, Louisiana, on December 1, 1944.
The Company and the Union appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-ex-
amine 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 an oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Kellogg Lumber Company is a partnership having its principal
office and place of business at Monroe, Louisiana, where it is engaged
in the manufacture of lumber products. Logs used by the Company
are purelsed within the State of Louisiana. For the past 3 months
59 N . L. R. B, No. 235.
1289
1290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Company's total output,amounted in value to approximately $170,-
OCO, of which approximately 85 percent was shipped to points outside
the State of Louisiana.
The Company admits that it is engaged in commerce *ithin the
meaning of the National Labor Relations Act.
IT. THE OhGANIZATION INVOLVED
United Brotherhood of Carpenters and Joiners of America, Car-
penters Local Union No. 2936, affiliated with the American Federation
of Labor, is a labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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 Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the parties,
that all production and maintenance employees of the Company at its
Monroe, Louisiana, plant, excluding office and clerical employees, and
all supervisory employees with authority to lire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, 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
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
' The Field Examiner reported that the Union submitted 67 cards , and that the names
of 37 persons appearing on the cards were listed on the Company 's pay roll of November
1, 1944 , which contained the names of 106 employees in the alleged appropriate unit.
- KELLOGG LUMBER COMPANY
DIRECTION OF ELECTION
1291
By vjitue of'fiid pursdafit 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa
tives for the purposes of collective bargaining with Kellogg Lumber
Company, Monroe, Louisiana, 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"'ICI, `Sections 10 and 11, 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 the 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 1vho 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 desire to be represented by
United Brotherhood of Carpenters and Joiners of America, Carpen-
ters Local Union No. 2936, A. F. of L., for the purposes of collective
bargaining.