James E. Stark Co.

National Labor Relations Board - Board Decisions

Jun 5, 1944

56 N.L.R.B. 1209 (N.L.R.B. 1944)

-In the Matter Of JAMES .,E. STARK COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA, C. I. O.
Case No. 15-R-1115.-Decided June 5, 1944
Mr. George Kamenow, of Detroit, Mich., and Mr. Fall W. Jones, of
Memphis, Tenn., for the Company.
Mr. John Hawkins, of Memphis, Tenn., for the I. W. A.
Mr. Janks'R. Gillis, of Memphis, Tenn., for the, Upholsterers:
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
James E. Stark Company, Memphis, Tennessee, herein called the Com-
pany,the National Labor Relations Board provided for an, appropri-
ate hearing upon due notice before Lawrence H. Whitlow, Trial Ex-
aminer. Said hearing was held at -Memphis,. Tennessee, on May 5,
1944. At the commencement of the hearing the Trial Examiner
granted a motion of'Upholsterers International Union of North Amer-
ica, A. F. of L., herein called the, Upholsterers, to intervene. The Com-
pany, the I. W. A., and the Upholsterers appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence' bearing on the issues.
During the course of the hearing, the Upholsterers' moved to dismiss
the petition. The Trial Examiner reserved ruling. The motion is
hereby denied. The Trial E'xaminer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:'
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
James, E.. Stark Company is a Tennessee corporation with its prin-
cipal place of business at Memphis, Tennessee, where' it is engagdd
56 N L R. B., No 216. '
1209
1210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'in the manufacture of hardwood and cypress lumber products. The
Company purchases materials valued in excess of $100,000, annually
from points outside the State of Tennessee. , The Company sells prod-
ucts valued in excess of $750,000, annually, 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 affil-
iated with the Congress of Industrial Organizations, admitting to
membership employees of the Colilpany.
Upholsterers International Union of North America is a labor or-
ganization affiliated with the, American Federation of Labor, admit-
ting to membership employees of the Company. - -
III. THE QUESTION CONCERNING REPRESENTATION
On June 20, 1943, the Company and the Upholsterers entered into
,-a 3-year contract. This contract is to continue until July 1, 1946, and-
from year 'to year thereafter unless- terminated or amended upon 30
days' written notice by either party prior to the anniversary date.
Prior to this contract the Company and the Upholsterers were parties
to two 1-year contracts. -
On March 29, 1944, the'I. W. A. advised the Company that it had
filed a petition with the Board. The Company refused to recognize
the I. W. A. on the' ground that it was bound by its contract with the
Upholsterers. At the hearing, the Upholsterers asserted its contract
as a bar to this proceeding. -
We have frequently held that a contract covering an unreasonable
length of time and which has been in effect for,a year or more does
not constitute a bar to a determination of representatives.' - The con-
tract of June'20, 1943, has been in effect for almost a year and has
over 2 years to run. There is no showing that contracts for such a
long period are customary in this type of industry 2 or in the relation-
ships between this particular employer and labor organizations. On
the contrary, the record shows that prior to the last agreement, 1-year
contracts were customary between this employer and labor organiza-'
tions. We find, therefore, that the contract of June 20, 1943, does
not constitute a bar,to a determination'of representatives.'
See Matter of Rosedale Knitting Company, 23 N. L R. B. 527.
2 Cf Matter of Owens-Illinois Pacific Coast Co., 36 N. L R. B. 990, where a contract for
a .2-year term was held a bar
5 See Matte of Inland Container Corporation , 47 N. L. R , B.- 952, and cased cited
therein
JAMES E. STARK COMPANY 1211
A statement of, a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the I. W. A. represents a sub-
stantial number of employees in the unit hereinafter found to be'
appropriate.4
'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 substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the Company,
excluding clerical employees, watchmen, engineers, firemen, non-
production foremen, foremen, superintendents, and any other super-,
visory employees with authority to, hire, promote, discharge, dis-
cipline, 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.5
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 within 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.
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 Rela-'
tions Act, and pursuant to, Article III, Section 9; of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the'investigation to ascertain representa-
' tives for the purposes of collective bargaining with James E. Stark
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 ,arid supervision
4 The Field Examiner reported that the I. W. A. subniitted-95 authorization cards bear-
ing the names of persons who appear on the Company's pay roll of May 5. 1 944 There
are approximately 218 employees in the appropriate unit The Upholstereis did not present
any evidence of representation but relies upon its contract as evidence of its interest in
the instant proceeding.
5 This is substantially the same unit as provided for in the contract between the Uphol-
sterers and the Company
1212 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
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 Regulations,
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, 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 by
International Woodworkers of America, affiliated with the Congress
of Industrial Organizations, or by Upholsterers International -Union
of North America, affiliated with the Aiierican Federation of Labor,
for the purposes of collective bargaining, or by neither.
I