Warwick Lumber Co.

National Labor Relations Board - Board Decisions

Jul 7, 1948

78 N.L.R.B. 107 (N.L.R.B. 1948)

In the Matter of PAUL GILL AND W. H.. VAN LANDINGHAM, CO-PART--
NERS D/B/A WARWICK LUMBER COMPANY, EMPLOYER and INTERNA-
TIONAL WOODWORKERS OF AMERICA, CIO, PETITION ER
Case No. 10-RC-56.-Decided July 7,1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed,' hearing in this case .was held at Cuth-
bert, Georgia, on March 4, 1948, before Gilbert Cohen, hearing officer-
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Employer, a copartnership, maintains and operates a plant at
Warwick, Georgia, where it is engaged in the production of planed
lumber. From November 21, 1947, when it acquired this plant, to
March 4, 1948, the hearing date, it purchased raw materials consisting-
of logs and lumber, valued at approximately $15,000, all within the
State of Georgia. During the same period, the Employer's sales of
finished products amounted to approximately $30,000. Such sales
were made pursuant to an oral agreement whereby the Employer sold.
99 percent of its finished products to Sauter Lumber Company, a whole-
sale firm also located in Georgia, and shipped them for that Company
1 The Employer moved to dismiss the petition on the ground, inter alia, that the petition
as originally filed named the Employer' s predecessor and that an entirely new petition
should have been filed . The petition was amended prior to the hearing by correcting the,
Employer 's name in the title. The record shows that the Employer was fully apprised of the
Petitioner ' s claim and that it has been aware at all times that this matter concerned its
employees . Moreover , the Employer participated in the hearing . There is no prejudice
under these circumstances , and we, therefore, deny the motion to dismiss with respect to
this ground. Matter of La Salle-Crittenden Press, Inc., 72 N. L. R. B. 1166 . We also
find no merit in the other bases of the motion to dismiss inasmuch as the representative
showing in support of the petition , as well as the Petitioner's compliance status , are not
subject to collateral attack. Matter of Lion Oil Company, 76 N. L. R. B. 565.
78 N. L. R. B., No. 20 107
108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
directly from,the Employer's plant. Approximately $6,000 worth of
such finished products during this period was shipped to customers of
Sauter Lumber Company outside the State of Georgia and about
$24,000 worth to that Company's customers within the State.
We find, contrary to the contention of the Employer, that it is
engaged in activities affecting commerce within the meaning of
the Act.2
H. THE ORGANIZATION INVOLVED
11
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
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.
IT. THE APPROPRIATE UNIT
The Petitioner seeks a unit comprising all production and mainte-
nance employees, excluding salesmen, office workers, guards, profes-
sional employees, and supervisors. The Employer is in general agree-
ment with the proposed unit. There is a, question, however, concerning
the alleged supervisory status of graders and lumber and log checkers
and whether employees classified as firemen are watchmen.
The record shows that the lumber checker, log checker, and grader
direct employees in the performance of their duties, and have the
authority to recommend effectively the hiring and discharging of em-
ployees as well as changes in rates of pay. The lumber checker also
acts as yard foreman. Under the circumstances, we are of the opinion
that they are supervisors within the meaning of the Act.
The night firemen act as watchmen 15 minutes out of every hour.
During the remaining 45 minutes, they take care of the dry kiln and
fire one of the boilers. The day firemen fire two boilers and perform
general unskilled labor when the boilers are not in operation. Day
and night firemen are interchangeable and carry no arms. Inasmuch
as these employees spend only an insubstantial part of their time as
watchmen,3 we are of the opinion that they are not guards within the
meaning of the Act and that therefore they should be included in the
unit.
= See Matter of McCar ty Manufacturing Company , 59 N. L . R B 1244.
Matter of Carolina Metal Products, Inc, 76 N L R. B 644.
WARWICK LUMBER COMPANY 109
Accordingly, we find that all production and maintenance employees,
excluding checkers , salesmen, office workers, guards , office and clerical
employees , professional employees , students and trainees of any em-
ployees who themselves are excluded from the unit, and supervisors
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 Warwick Lumber Company,
Warwick, Georgia, 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 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 employees 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 ex-
cluding 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 reinstatement , to determine whether or not they desire to be repre-
sented, for purposes of collective bargaining, by International Wood-
workers of America, CIO.