Southeastern Industries, Inc.

National Labor Relations Board - Board Decisions

Apr 5, 1948

76 N.L.R.B. 1138 (N.L.R.B. 1948)

In the Matter of SOUTHEASTERN INDUSTRIES, INCORPORATED, EMPLOYER
and INTERNATIONAL BROTHERHOOD OF PULP, SULPHITE AND PAPER
MILL WORKERS , A. F. L., PETITIONER
Case No. 10-RC-If.Decided April 5, 1948
Mr. Robert Kleeb, of Philadelphia, Pa., for the Employer.
Cllr. Milton Bever, of Bloomington , Md., and Mr. Raymond Fogle, of
Andrews, S. C., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Conway,
South Carolina , on January 22, 1948, before William M. Pate, hearing
officer. The hearing officer 's rulings made at the liearing 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 THE EMPLOYER
The Southeastern Industries , a Delaware corporation, and wholly
owned subsidiary of the Philco Corporation, has its principal office at
Philadelphia, Pennsylvania, and its only plant, a sawmill, at Conway,
South Carolina, where it is engaged in the manufacture of lumber.
During the calendar year 1947, the Employer sold products consisting
principally of rough lumber valued in excess of $100,000, of which 90
percent was shipped to points outside the state of South Carolina.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
If. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization, affiliated with the American
Federation of Labor, claiming to represent certain 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 )Iennbers [Chairman Herzog and )tembens Houston and Reynolds]
76 N. L R. B., No. 163
1138
SOUTHEASTERN INDUSTRIES, INCORPORATED
III. THE QUESTION CONCERNING REPRESENTATION
1139
The Employer has failed on request of the Petitioner to recognize
it as the exclusive bargaining representative of certain employees of
the Employer.
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
In accordance with the agreement of the parties, we find that all
the employees at the Employer's Conway, South Carolina, plant, ex-
cluding office and clerical employees, watchmen, and supervisors '2
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning 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 Southeastern Industries, In-
corporated, Conway, South Carolina, 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, and subject to Sec-
tions 203.61 and 203.62, of National Labor Relations Board Rules
and Regulations-Series 5, among the employees in the unlit found
appropriate in Section IV, above, who were employed during the pay-
roll period Immediately preceding the date of this Direction, includ-
ing 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 en-
titled to reinstatement, to determine whether or not they desire to
be represented by International Brotherhood of Pulp, Sulphite and
Paper Mill Workers, A. F. L., for the purposes of collective bar-
gaining.
I Exeluded as falling within the supervisory category are employees in the classifications
of plant foreman , planing mill foreman , yard foreman , logging superintendent , and lumber
inspector
781902-48-vol. 76-73