DeSoto Hardwood Flooring Co.

National Labor Relations Board - Board Decisions

Nov 17, 1944

59 N.L.R.B. 332 (N.L.R.B. 1944)

In the Matter of DESoTO HARDwooD FLOORING COMPANY and IxTERNA-
TIONAL WOODWORKERS OF AMERICA , C. I. O.
Case No. 15 R-1°28.Decided November 17, 1944
Mr. George Kamenow, of Detroit, Mich., and Armstrong, McCadden,
Allen, Braden & Goodman, by Mr. Winstead Johnson, of Memphis,
Tenn., for the Company.
Messrs. W. A. Copeland and Doyle Dorsey, of Memphis, Tenn., for
the I. W. A.
Mr. J. C. Barrett, of Birmingham, Ala., and Mr. Walter T. Yount,
of Memphis, Tenn., for the United.
.Mr. Louis Cokin, of counsel to the Board.
DECISION
'AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Woodworkers of America,
C. I. 0., herein called the I. W. A., alleging that a question affecting
commerce had arisen concerning the representation of employees of
DeSoto Hardwood Flooring Company, Memphis, Tennessee, herein
balled the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Walter Wilbur,
Trial Examiner. Said hearing was held at Memphis, Tennessee, on
October 23, 1944. At the commencement of the hearing, the Trial
Examiner granted a motion of United Brotherhood of Carpenters &
Joiners of America, A. F. of L., herein called the United, to intervene.
The Company, the I. W. A., and the United appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues."
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
"Although Upholsterer's International Union of North America , herein called the
Upholsterer 's, was served with Notice of Hearing, it did not appear.
59 N. L. R. B., No. 71.
332
DESOTO HARDWOOD FLOORING COMPANY 333
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
DeSoto Hardwood Flooring Company is a Tennessee corporation
operating a plant at Memphis, Tennessee, where it is engaged in the
manufacture of lumber products. The Company purchases raw mate-
rials valued in excess of $100,000, annually, 90 percent of which is
shipped to it from points outside the State of Tennessee. During the
same period the Company sells products valued in excess of $250,000,
about 90 percent of which is shipped to points outside the State of
Tennessee.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
United Brotherhood of Carpenters & Joiners of America is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 21, 1944, the I. W. A. requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
Company's employees. The Company refused this request.
On August 5, 1942, the Company and the Upholsterer's entered into
an exclusive collective bargaining contract. The contract provides
that it shall remain in effect until October 1, 1943, and from year to
year thereafter unless notice of a desire to terminate is given by either
party thereto not less than 30 days prior to any annual expiration
date. Inasmuch as the I. W. A. made its claim upon the Company
prior to September 1, 1944, the date upon which the contract would
have automatically renewed itself, we find that the contract does not
constitute a bar to the instant proceeding.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the I. W. A. and the United
each represents a substantial number of employees in the unit herein-
after found to be appropriate? -
2 The Field Examiner reported that the I. W. A. and the United presented 100 and 90
membership application cards, respectively . There are approximately 175 employees in
the appropriate unit.
,334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning -
the representation of employees of the Company, within the meaning
,of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with a stipulation of the parties, that all
production and maintenance employees at the Memphis plant of the
Company, excluding clerical employees, watchmen, engineers, firemen,
salesmen, lumber inspectors, superintendents, foremen, subforemen,
maintenance foremen, and any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding, the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
Although the Upholsterer's did not appear at the hearing, we will
afford,it an opportunity to be placed on the ballot if it makes a request
of the Regional Director therefor within 7 days from the date of this
Decision, inasmuch as it was a party to the recently expired contract
alluded to in Section III, supra.
DIRECTION OF ELECTION
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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with DeSoto Hardwood
Flooring Company, Memphis, Tennessee, 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 super-
vision of the Regional Director for the Fifteenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including employees who
DESOTO HARDWOOD FLOORING COMPANY 335
did not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any who have since quit or been discharged for__
cause and have-not been rehired or reinstated prior to the date of the -
election, to determine whether they desire to be represented bylnter-
national Woodworkers of America, C. LO., or by United Brother-
hood of Carpenters & Joiners of America, A. F. of L., for' the pur-
poses of collective bargaining, or by neither.
.•1
618683-45-vol. 59-23