79 N.L.R.B. 358 (N.L.R.B. 1948)

The King Investment & Lumber Co.

National Labor Relations Board - Board DecisionsAug 31, 1948

79 N.L.R.B. 358 (N.L.R.B. 1948)

In the Matter of THE KING INVESTMENT & LUMBER Co., EMPLOYER and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE- HOUSEMEN AND HELPERS OF AMERICA , A. F. L., LOCAL UNION No. 146, PETITIONER Case No. 20-RC-47.-Decided August 31, 1948 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in the case, the Natibnal Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER The Employer is a Colorado corporation engaged in the manufacture of millwork and the retail sale of lumber and building supplies in Pueblo, Colorado. In 1947 its total purchases accounted to approxi- mately $234,000, of which 40 to 45 percent was shipped from outside the State. Its total sales for 1947 were $360,000, of which $2,000 were made to an out-State customer. The Employer does not admit that it is engaged in commerce within the meaning of the National Labor Relations Act. In accordance with our decisions in Matter of J. H. Patterson Company, 79 N. L. R. B. ,355, issued August 31, 1948, 'and Matter of Central Sash and Door * Chairman Herzog and Members Reynolds and Murdock. 79 N. L. R. B., No. 49. 358 THE KING INVESTMENT & LUMBER CO. 359 Company, 7.7 N. L. R. B. 418; we find that the Employer's operations affect commerce within the meaning of the Act.' II. THE ORGANIZATION INVOLVED IThe Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION 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 The Employer has approximately 33 employees, 20 in the mill, 6 in the office, and 7, including a foreman, in the yard. Only the yard employees are involved in this proceeding. Three of them are truck drivers and the other 3 load and unload cars and do general mainte- nance work around the yard and warehouse. We find, as stipulated by the parties at the hearing, that all truck drivers, helpers, Ross Carrier drivers, and warehousemen, excluding the foreman, other supervisors, and all other employees, constitute a unit appropriate for the purposes of collective bargaining 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 the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations-Series 5, among the em- ployees 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 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 "Chairman Herzog and Member Murdock consider themselves bound by the majority view in the Patterson case although the same considerations which led them to dissent in the Patterson and Central Sash and Door cases are present here. Accordingly they will not dissent in this case or like future cases. 360 DECISIONS 'OF NATIONAL LABOR RELATIONS BOARD 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 reinstatement, to determine whether or not they desire to be represented by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. L., Local Union No. 146, for the purposes of collective bargaining.