Sabine Lumber Co.

National Labor Relations Board - Board Decisions

Dec 30, 1944

59 N.L.R.B. 1349 (N.L.R.B. 1944)

In the Matter Of SABINE LUMBER COMPANY and LOCAL 2507, UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, A.- F. L.
Case No. 15-R-1238.-Decided December 30, 1944
Mr. John S. Pickett, of Many, La., for the Company.
Messrs. S. D. Holt and John Howat, of Shreveport, La., for the
Union.
Mr. Louis A4onas, of counsel to the Board.
DECISION
-AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 2507, United Brotherhood of
Carpenters and Joiners of America,'A. F. L., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Sabine Lumber Company, Zwolle,
Louisiana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Laurence H. Whitlow, Trial Examiner. Said hearing was held
at Shreveport, Louisiana, on December 2, 1944. The Company and
the Union appeared and participated. All parties were afforded full
opportunity to be heard, to examiIie and cross-examine witnesses, and
to introduce evidence bearing on the issues. At the hearing, the Trial
Examiner reserved ruling on the Company's motion to dismiss the
petition. For reasons set forth in Section III, infra, this motion
is denied. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board. Subsequent
to the hearing, the Company moved to adduce additional evidence.
The motion is denied for reasons set forth in Section III, infra.
Upon the entire record in the case, the Board- makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF TIIE COMPANY
Sabine Lumber Company, a Louisiana corporation, has -its princi-
pal office and place of business at Zwolle, Louisiana, where it is en-
59 N. L. R. B., No. 247.
1349
1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gaged in the general sawmill and lumber business. From January
to September 1944, the Company processed approximately 7,000,000
board feet of lumber, most of which was shipped to points outside
the State of Louisiana. Raw materials used by the Company are ob-
tained from within that State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 2507, United Brotherhood of Carpenters and Joiners of
America, 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 has refused 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 Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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 Act.
IV. THE APPROPRIATE UNIT
In substantial accordance with the stipulation of the parties, we
find that all employees of the Company at its Zwolle, Louisiana, plant,
excluding clerical employees, and all supervisory employees with
1 It is clear from the record that the Union is a labor organization within the meaning
of the Act
2 The Field Examiner reported that the Union submitted 70 application cards dated
September 23, 1944 , and that there are 140 employees in the unit alleged to be appropriate.
The Field Examiner's report was admitted into evidence over the Company ' s objection,
which was based upon the grounds that the report was hearsay evidence, and that the
Company was not afforded an opportunity to examine the application cards upon which
the report was predicated or to cross-examine the Field Examiner who made the report.
It appears that the additional evidence which the Company wishes to adduce relates to the
cards and the Field Examiner's report. Apparently, the Company misconceives the pur-
pose of the Board ' s requirement that a petitioning union submit evidence that it represents
a substantial number of employees , as well as the purpose of the report of the Board's
agent embodying his findin gs 'concerning a petitioning union ' s representation showing.
These matters. are merely administrative expedients which enable the Board to determine
for itself whether or not further proceedings are warranted` See Matter of Buffalo Arms
Corporation, 57 N L. R. B. 254. Consequently , the Company ' s motion to adduce additional
evidence is denied.
Inasmuch as we are convinced that the Union 's showing of representation is substantial,
the Company's motion to dismiss the petition, apparently based upon the ground that the
showing made by the Union is inadequate , is also denied.
SABINE LUMBER COMPANY 1351
authority to hire, 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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
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 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sabine Lumber
Company, Zwolle, 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 III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropirate 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 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 Local 2507, United Brotherhood of Carpenters and Joiners of
America, A. F. L., for the purposes of collective bargaining.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.