Shannon Brothers Lumber Co.

National Labor Relations Board - Board Decisions

Jun 26, 1941

32 N.L.R.B. 1272 (N.L.R.B. 1941)

In the Matter of J. E. SHANNON AND WIFE ANNA MAE SHANNON, A
PARTNERSHIP , DOING BUSINESS UNDER THE FIRM NAME OF SHANNON
BROTHERS LUMBER CO. and INTERNATIONAL WOODWORKERS OF
AMERICA, C. I. 0.
Case No. R-2578.-Decided June 26, 19id ,
Jurisdiction : hardwood lumber manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union until it is certified by the Board ; election
necessary. -
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, exclusive of clerical and supervisory employees , but including truck
drivers ; stipulation as to.
Mr. Edward C. Russell, of Memphis, Tenn. , for the Company.
Mr. William R. Henderson, of Memphis , Tenn., for the Union.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 7, 1941, International Woodworkers of America, C. I. 0.,
herein called the Union, filed a petition, and on April 28, 1941, an
amended petition, with the Regional Director for the Tenth Region
(Atlanta, Georgia) alleging that a question affecting commerce had
arisen concerning the representation of employees of J. E. Shannon
and wife Anna Mae Shannon, a partnership, doing business under the
firm name of Shannon Brothers Lumber Co.' of Memphis, Tennessee,
herein called the Company, and requesting an investigation and cer-
tification of representatives, pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On May
5, 1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act, and Article III, Section
3, of National Labor Relations Board Rules and Regulations- Series
1 As amended at the hearing. Erroneously described in the original petition as: "Shannon
Bros. Lbr. Co."; and in the amended petition as : "J. E. Shannon and wife, Anna Mae
Shannon, doing business under the firm name of Shannon Bros. Lumber Co."
32 N. L. R. B., No. 182.
1272
J. E. SHANNON & WIFE ANNA MAE SHANNON 1273
2, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On May 12, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on May 21, 1941,
at Memphis, Tennessee, before John C. McRee, the Trial Ex-
aminer duly designated by the Chief Trial Examiner. The
Company and the Union were represented by counsel and par-
ticipated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties. During the
course of the hearing the Trial Examiner made several rulings on mo-
tions and on objections to the admission of evidence. The Board has
.reviewed the rulings of the Trial Examiner, and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a partnership having its plant and office in Mem-
phis, Tennessee. It is engaged in the manufacture and sale of hard-
wood lumber. During 1940 the Company used in the conduct of its
business approximately 11 million feet of logs, of which about 95
per cent originated outside the State of Tennessee, and were shipped
to the Company's plant at Memphis. During the same period the
Company produced approximately 131/2 million board feet of lumber,
of which about 85 per cent of the approximate value of $325,000, was
shipped to points outside the State of Tennessee.
II. THE ORGANIZATION INVOLVED
International Woodworkers of America, is a labor organization,
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as statutory repre-
sentative of the Company's employees until it has been certified by
the Board. The Union submitted to the Trial Examiner evidence
that it represents a substantial number of employees within the alleged
appropriate unit .2
2 The Trial Examiner stated for the record that 83 membership cards in the Union were
submitted to him , 75 dated between March 1, and April 30, 1941. The remainder Were
1274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question has arisen concerning representation of the
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce,
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union stipulated, and we find, that all pro-,
duction and maintenance employees of the Company, exclusive of cleri-
cal and supervisory employees, but includingtruck drivers, constitute
a unit appropriate for the purposes of collective bargaining. We
further find that said unit will insure to the employees of the Company
the full benefit of their right to self-organization and to collective
bargaining, and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the represen-
tation of the employees of the Company can best be resolved by an
election by secret ballot. The Company and the Union agreed that the
pay roll for the week ending April 24,1941, should be used to determine
eligibility to vote in such election. We shall give effect to the desires of
the parties, and direct that those employees in the appropriate unit
employed by the Company during the pay-roll period ending April
24, 1941, shall be eligible to vote in the election, subject to such limita-
tions and additions as are set forth in the Direction of Election herein-
after.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of J. E. Shannon and wife Anna Mae Shan-
undated . All appeared to bear genuine original signatures . Seventy-six of the cards
correspond with the names of persons on the Company 's May 15, 1941 pay roll, which
pay roll , exclusive of supervisory and clerical employees , lists 180 persons . The union
representative testified that the cards submitted did not constitute the entire membership
of the Union . He stated that the Union has enrolled about 95 per cent of the men employed
in the alleged appropriate unit.
J. E. SHANNON & WIFE ANNA MAE SHANNON 1275
non, a partnership, doing business under the firm name of Shannon
Brothers Lumber Co., Memphis, Tennessee, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company, ex-
cluding clerical and supervisory employees, but including truck drivers,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby.
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with J. E. Shannon and wife Anna Mae Shannon, a partnership, doing
business under the firm name of 'Shannon Brothers Lumber Co.,
Memphis, Tennessee, 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 Tenth Region, acting in this matter as agent for the
National Labor Relations Board and subject to Article III, Section 9,
of said Rules and Regulations, among all production and maintenance
employees of the Company, who were employed during the pay-roll
period ending April 24, 1941, including employees who did not work
during said pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tempo-
rarily laid off, and including truck drivers, but excluding clerical and
supervisory employees and employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by International Woodworkers of America, C. I. O. for the
purposes of collective bargaining.