The Long-Bell Lumber Co.

National Labor Relations Board - Board Decisions

Mar 15, 1939

11 N.L.R.B. 1162 (N.L.R.B. 1939)

In the Matter of THE LONG-BELL LUMBER COMPANY and INTER-
NATIONAL WOODWORKERS OF AMERICA, LOCAL S-188
Case No. R-1196.-Decided Marche 15,1939
Window and Door Glazing Industry-Investigation of Representatives: con-
troversy concerning representation of employees : stipulation as to, employer's
refusal to grant recognition of union until certified-Unit Appropriate for Col-
lective Bargaining : production and maintenance employees , exclusive of clerical,
office, and supervisory employees and watchmen ; stipulation as to-Repee-
sentatives: proof of choice: photostatic copies of the membership cards; stipu-
lation as to-Certification of Representatives: upon proof of majority repre-
sentation ; stipulation as to.
Mr. Charles Y. Lati',mer, for the Board.
Mr. A. W. Sharp, of Fort Smith, Ark., for the Company.
Mr. Frank Manning, of Muskogee, Okla., for the International.
Mr. Wallace Cooper, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On November 7, 1938, International Woodworkers of America,
Local S-188, herein called the International, filed with the Regional
Director for the Fifteenth Region (New Orleans, Louisiana) a peti-
tion alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Long-Bell Lumber
Company, Fort Smith, Arkansas, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On December 6, 1938, the National Labor
Relations Board, herein called the Board, acting pursuant to Sec-
tion 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, or-
dered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On December 17, 1938, the International filed an amended petition
with the Regional Director.
11 N. L. R. B., No. 105.
1162
THE LONG-BELL LUMBER COMPANY ET AL. 1163
On January 11, 1939, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the International. On January 20, 1939, the Regional Director
issued a notice of advancement of hearing, which was duly served
upon each of said parties. Pursuant to this notice, a hearing was
held on January 23, 1939, at Fort Smith, Arkansas, before Henry J.
Kent, the Trial Examiner duly designated by the Board. The
Board, the Company, and the International were represented by
counsel and participated 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. The Board has
reviewed the rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
There was introduced in evidence a stipulation dated January 16,
1939, signed by the Company, the International, and Charles Y. Lat-
imer, attorney for the Board. The stipulation, which provides that
it shall be subject to the approval of the Board, covers all the ma-
terial issues involved in the present proceedings. The stipulation is
hereby approved.
Upon this stipulation and the entire record in the case, the Board
makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Long-Bell Lumber Company is and has been since April 5,
1884, a corporation organized and existing under and by virtue of
the laws of the State of Missouri, having its principal office and
place of business in Kansas City, Missouri.
The Company is engaged in the business of manufacturing lum-
ber, lumber products, and other commodities, and in maintaining and
operating warehouses, yards, and stores for the assembling, distribu-
tion, and sale of such products and commodities. It operates at Fort
Smith, Arkansas, a plant which is chiefly engaged in glazing, and
has other manufacturing and processing plants at Longview, Wash-
ington; Weed and Dorris, California; Klamath Falls, Oregon; Dou-
cette, Texas; DeRidder, Louisiana; Joplin, Missouri; and Crandall,
Mississippi. The Company's products are constantly being trans-
ported in large quantities through different States from one plant to
another and to its distribution warehouses, yards, and stores for
processing, finishing, and sale or delivery.
The present proceedings involve only the plant of the Company lo-
cated at Fort Smith, Arkansas. During the first 6 months of the
year 1938, the Company transported or caused to be transported to
this plant for its normal manufacturing and processing operations
1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
raw materials, equipment, supplies, and products manufactured at
some or all of its other plants. There were so transported to the Fort
Smith plant open windows valued at more than $50,000; glass valued
at more than $25,000; doors valued at more than $10,000; and mis-
cellaneous materials or products valued at more than $3,000. More
than 50 per cent of the open windows and doors were transported to
the Fort Smith plant from outside Arkansas.
During the same period, the Company manufactured and processed
at its Fort Smith plant glazed windows worth more than $50,000 and
doors worth more than $10,000. The Company transported or caused
to be transported to points outside of Arkansas in excess of 50 per
cent of such products.
The Company admits that it "is engaged in interstate commerce
within the meaning of the Act, as interpreted by the United States
Supreme Court."
II. THE ORGANIZATION INVOLVED
International Woodworkers of America, Local S-188, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to its membership all production and maintenance employees
of the Company at its Fort Smith plant, exclusive of clerical, office,
and supervisory employees and watchmen.
III. THE QUESTION CONCERNING REPRESENTATION
On October 14, 1936, the Company and the Mill Men and Wood
Workers Local Union No. 1607, affiliated with the United Brother-
hood of Carpenters and Joiners of America, herein called the Local
Union, entered into an agreement covering wages and working con-
ditions of the production and maintenance employees at the Fort
Smith plant. The agreement provided that it should remain in effect
until terminated by either party "giving sixty days advance notice in
writing to the other party." The agreement was terminated on October
17, 1937, pursuant to a notice in writing which the Local Union sent
to the Company on August 17, 1937. In February 1938, the members
of the Local Union voted to change their affiliation to the Interna-
tional. Marvin Allen, a former member of the Local Union, testified
at the hearing that the Local Union no longer existed.
The Company states that it is unwilling to bargain collectively with
the International until a determination has been made by the Board
with respect to the appropriate bargaining unit and the proper bar-
gaining representative. It further states that if the Board, under the
authority of the Act on the basis of the stipulation introduced in
evidence, certifies the International as bargaining representative, the
Company will proceed, on request, to bargain collectively with it in
THE LONG-BELL LUMBER COMPANY ET AL. 1165
respect to wages, hours of employment, working conditions, and other
matters which may be raised.
We find that a question has arisen concerning representation of
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
It has been stipulated by all the parties and we find that all produc.
tion and maintenance employees at the Company's Fort Smith plant,
excluding clerical, office, and supervisory employees and watchmen,
constitute a unit appropriate for collective bargaining. We further
find that said unit will insure to employees of the Company at its Fort
Smith plant 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
The Company has 25 employees within the appropriate unit at the
Fort Smith plant. All of the parties have agreed by stipulation that
15 of these 25 employees within the appropriate unit are members
of the International, and photostatic copies of the membership cards
of these 15 employees are annexed to and made a part of the
stipulation.
We find that the International has been designated and selected
by a majority of the employees in the appropriate unit as their repre-
sentative for purposes of collective bargaining, and we will so certify.
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 repre-
sentation of employees of The Long-Bell Lumber Company, Fort
Smith, Arkansas, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The production and maintenance employees of the Company, ex-
cluding clerical, office, and supervisory employees and watchmen, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. International Woodworkers of America, Local S-188, is the ex-
clusive representative of all the employees in such unit for the pur-
poses of collective bargaining, within the meaning of Section 9 (a) of
the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 Rela-
tions Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that International Woodworkers of America,
Local S-188, has been designated and selected by a majority of the pro-
duction and maintenance employees of The Long-Bell Lumber Com-
pany, Fort Smith, Arkansas, excluding clerical, office, and super-
visory employees and watchmen, as their representative for the pur=
poses of collective bargaining and that, pursuant to -the provisions
of Section 9 (a) of the Act, International Woodworkers of America,
Local S-188, is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.