Enterprise Lumber & Supply Co.

National Labor Relations Board - Board Decisions

Oct 12, 1951

96 N.L.R.B. 784 (N.L.R.B. 1951)

784 DECISIONS,OF NATIONAL LABOR RELATIONS BOARD
despite a history of collective bargaining on a broader basis 4 Con-
trary to the Employer's contention, this record indicates no inseparable
integration of the craft functions of the die room employees with the
production processes. In addition, the Garwood plant is obviously
a manufacturing plant, the operations of which are not a part of
the basic reduction and rolling mill phases of the aluminum industry
within the meaning of our decision in The Permanente Metals Corpo-
ration, 89 NLRB 804.5
In these circumstances, we believe that, unlike the situation in the
Permanente case, no cogent reason appears for denying separate rep-
resentation to the die room employees, who, as herein found, are en-
titled to such representation by our usual standards.,' Accordingly,
we deny the Intervenor's motion to dismiss because of the alleged in-
appropriateness of the unit and find that the employees in the proposed
unit may, if they so desire, constitute a separate bargaining unit.
However, we shall reserve final determination as to the unit until the
outcome of the election hereinafter directed.
We shall direct an election among all die room employees of the
employer at its Garwood, New Jersey, plant, excluding all other
employees and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication in this
volume.]
* See John Deere Plow Works of Deere & Company, 94 NLRB 1286.
° See Reynolds Metals Company, 93 NLRB 721, wherein the Permanente decision was
distinguished and a self-determination election was granted boiler room employees in an
aluminum plant devoted to scrap reclamation , an operation the Board found "merely
ancillary to a manufacturing process" ; see also, Mesta Machine Company , 94 NLRB
1624, wherein the Board found that a manufacturer of steel plant equipment was, in
greater part, competing with foundries and hence not primarily engaged in the basic
steel industry.
John Deere Plow Works, footnote 4, supra.
H. T. DAVENPORT D/B/A ENTERPRISE LUMBER & SUPPLY Co.' and
INTERNATIONAL WOODWORKERS OF AMERiICA, CIO, PETITIONER. Case
No. 34-RC-324. October 12, 1951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
-Relations Act, a hearing was held before Lincoln Klaver, hearing
officer. 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 Act, the Board
1 The name of the Employer appears as amended at the hearing.
96 NLRB No. 111. .
ENTERPRISE LUMBER Sr SUPPLY CO. 785
has delegated its powers in connection with case to a three-member
panel [Members Houston, Murdock, and Styles]. '
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit :
The Petitioner requests a unit consisting of all production and
maintenance employees employed at the Employer's Columbia, North
Carolina, plant, including the employees employed in logging and
sawmill operations conducted in Hyde County, North Carolina. The
Employer, while in agreement with the composition of the unit, op-
poses the inclusion of the employees employed at the Hyde County
operations 2 on the ground that they are employees of an independent
contractor.
The Employer is engaged in the lumber and building supply busi-
ness at Columbia, North Carolina. In connection with this business
the Employer operates a planing and sawmill and logging operations
at Columbia. In addition the Employer has a lease of timber rights,
on a tract of land where logging and sawmill operations, known as
Fairfield, are conducted. Fairfield is approximately 27 miles from
Columbia. Walter McClees, who the Employer alleges is an inde-
pendent contractor, is in charge of this latter operation.
McClees works exclusively for the Employer under an oral agree-
ment whereby he is paid a fixed sum per thousand feet of lumber
processed by the crew of employees working under him; he has com-
plete authority with respect to the hiring and discharge of these
employees.
The agreement under which McClees works, however, appears to be
one terminable at the will of either party. While McClees maintains
the time records of the employees working under him, the actual com-
putation of the amount due each employee after various deductions for
social security, employment security, and other items, is made by or
with the assistance of an office clerical employee of the Employer, who
in addition also maintains all the social security, workmen's compen-
sation, and employment security records and makes all such necessary
payments for these employees. The amount of these deductions is
subtracted from the amount due McClees. The wages to be paid each
Y The logging and sawmill operations conducted in Hyde County were referred to through-
out the hearing as the Fairfield operations . Hereinafter "Fairfield" will be used to desig-
nate that operation.
786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employee are placed in a small envelope which McClees hands to the
employee. McClees has no bank account. When the amount due
McClees is not sufficient to meet his payroll, the Employer advances
the necessary amount. Except for the small tools which are furnished
to the employees by McClees, all the heavy machinery used in the
logging operations and the sawmill at Fairfield are owned or borrowed
by the Employer. The Employer pays for all major repairs of equip-
ment. The Employer's woods foreman designates the particular area
where McClees is expected to conduct logging operations and the lum-
ber is cut at the Fairfield mill in accordance with the instructions of
the Employer. Finally, it appears that McClees at the instance of the
Employer has reduced the wage scale of the employees working under
him
In view of the foregoing, it is clear that although McClees has a
certain amount of discretion in the conduct of the logging and sawmill
operations at Fairfield, the Employer nevertheless retains substantial
control over these operations.
We find, therefore that Walter McClees is, in effect, a supervisor
rather than an independent contractor and that the employees at
Fairfield are employees of the Employer. We find, further, that the
Employer's operations at Fairfield constitute a single integrated enter-
prise in which all of the employees involved share a common interest.
Accordingly a single unit, including these employees, is appropriate
for collective bargaining purposes.3
We find that a unit consisting of all production and maintenance
employees employed at the Employer's Columbia, North Carolina,
operations, including the employees at the Fairfield operations, but
excluding professional employees, office clerical employees, guards,
and supervisors as defined in the Act, is appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
[Text of Direction of Election omitted from publication in this
volume. ]
8 See J. G. Howard Lumber Company, 93 NLRB 1230.
J. R. CANTRALL AND Jo G. CANTRALL D/B/A J. R. CANTRALL COMPANY
AND H. C. SMITH COMPANY and INTERNATIONAL ASSOCIATION OF MA-
CHINISTS, LOCAL LODGE No. 12,35. Case No. 01-CA-714. October
15,1951
Decision and Order
On June 29, 1951, Trial Examiner Charles L. Ferguson issued his
Intermediate Report in the above-entitled proceeding, finding that the
96 NLRB No. 124.