Houston Creosoting Co.

National Labor Relations Board - Board Decisions

Aug 11, 1948

78 N.L.R.B. 921 (N.L.R.B. 1948)

In the Matter of LEON ARON, DOING BUSINESS AS HOUSTON CREOSOTING
COMPANY, EMPLOYER and INTERNATIONAL WOODWORKERS OF AMER-
ICA, C. I. 0., PETITIONER
Case No. 16-RC-135.-Decided August 11, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing 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 this case, the Board finds :
1. Leon Aron, doing business as Houston Creosoting Company, here-
inafter called the Employer, is engaged in the lumber business in
Houston, Texas. During the first 6 months of 1948, the Employer sold
lumber having a total value of $172,269.94, of which $16,023.94 repre-
sents sales to customers located outside the State of Texas. During the
same period, the Employer purchased raw materials valued at approxi-
mately $38,821.35, all of which was purchased and shipped directly to
the Employer from points outside of the State of Texas.
Contrary,to the Employer's contention, we find that it is engaged in
commerce within the meaning of the National Labor Relations Act, as
amended.
2. The labor organization named below claims to represent 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.
*Chairman Herzog and 'Members Houston and Reynolds
78 N. L R. B., No. 129.
921
922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All production and maintenance employees in the Employer's plant
in Houston, Texas, including machinists, maintenance machinists,
treating engineers, crane operators, crane helpers, checkers on cranes,
doormen, pole machine operators, pole framers, pole branders, pole
classers, truck drivers, and laborers, but excluding watchmen, and
supervisors as defined in 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
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 paragraph numbered 4,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, 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 discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to deter-
mine whether or not they desire to be represented, for purposes of
collective bargaining, by International Woodworkers of America,
C. I. O.
I Since the watchmen herein concerned perform the usual duties of plant-protection
employees , we find that they are "guards" within the meaning of the Act, and therefore
we exclude them from the unit . See Matter of C. V. Hill & Company, Inc., 76 Y. L. R. B.
158.