The Gooch Brothers Lumber Co.

National Labor Relations Board - Board Decisions

Mar 23, 1948

76 N.L.R.B. 936 (N.L.R.B. 1948)

In the Matter of TRUSTEES UNDER TILE WILL OF EUGENE Goocti. D/B/A
THE GOOCH BROTHERS LUMBER COMPANY, EMPLOYER and INTER-
NATIONAL WOODWORKERS or AMERICA, CIO, PETITTONER
Case No. 15-R-22.42 .-Decided March, P-3,1948
Mr. Robert L. McKnight, of Memphis. Tenn., and Mr. Eugene
Gooch, Jr., of Yazoo City, Miss., for the Employer.
Messrs. D. W. Starnes and James B. Touchstone, of Jackson. Miss.,
for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Jackson,
Mississippi, on January 13, 1948, before Richard C. Keenan, hearing
officer The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FA CT
I. THE BUSINESS OF THE EMPLOYER
Trustees of a trust created under the will of Eugene Gooch, doing
business as The Gooch Brothers Lumber Company," operate a sawmill
in Yazoo City, Mississippi, where they are engaged in the manufac-
ture of lumber products. During the 6-month period ending Decem-
ber 31, 1947, the Employer manufactured products valued at approxi-
mately $130,000, of -which 95 percent was shipped to points outside the
State of Mississippi.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
1 Puisuant to the provisions of Section 3 (h) of the Act, the '-National Labor Relations
Board has delegated its powers in connection with tins case to it three-nman parel con-
sisting of the undeisigned Boaid Members [ Houston , Reynolds, and Gray]
2 We find that the trustees constitute a single employer within the meaning of Section
2 (2) of the Act.
76 N. L. R B., No. 128.
936
.THE GOOCH BROTHERS LUMBER COMPANY
II. TIIE ORGANIZATION INVOLVED
937
The Petitioner 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 exists concerning the
representation of employees of the Employer, within the meaning of
Sectioil 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In substantial accord with the agreement of the parties, we find
that all production and maintenance employees of the Employer's
sawmill, excluding office and clerical employees, woods crew employees,
watchmen ,3 and professional employees and supervisors as defined in
the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (c) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Trustees under the Will of
Eugene Gooch, d/b/a The Gooch Brothers Lumber Company, Yazoo
City, Mississippi, 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, udder the direction and supervision of the Regional
Director for the Fifteenth Region, and subject to Sections 203.61
and 203.62 of National Labor Relations Board Riles and Regula-
tions-Series 5, among the employees in the unit found appropriate
in Section ICI, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, Including em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laud 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 entitled to reinstate-
ment, to determine whether or not they desire to be represented by
International Woodworkers of America, CIO, for the purposes of
collective bargaining.
9 The record shows that the Employer employs a watchman . We shall exclude watchmen
from the unit Matter of 0 P Hail it Company, Inc, 76 N . L R B 158