Meadow River Lumber Co.

National Labor Relations Board - Board Decisions

Mar 25, 1943

48 N.L.R.B. 531 (N.L.R.B. 1943)

In the Matter Of MEADOW RIVER LUMBER Co. and UNITED BROTHERHOOD
OF CARPENTERS AND'.JOINERS OF AMERICA, LOCAL No. 2528
In the Matter Of MEADOW RIVER LUMBER Co. and UNITED CONSTRUCTION
WORKERS, DIVISION OF DISTRICT 50, UNITED MINE WORKERS OF
AMERICA
Cases Nos. R-4967 and R-4968 respectively.-Decided March. X5,194•:
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives; recognition agreement, made subject to
the approval of regional director, and executed with knowledge of rival claim
of representation, found no bar ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees with specified inclusions and exclusions.
Mr. H. L. Gray, of Rainelle, W. Va., for the Company.
Mr. Joe Boyd, for the Carpenters.
Mr. C. Russell Turner, for the U. M. W.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed by United Brotherhood of Carpenters and
Joiners of America, Local No. 2528, herein called the Carpenters,•and
United Construction Workers, Division of District 50, United Mine
Workers of America, herein called the U. M. W., each alleging that
a question affecting commerce had arisen concerning the representation
of employees of Meadow River Lumber Co., Rainelle, West Virginia,
herein called the Company, the National Labor -Relations Board pro-
vided for an appropriate consolidated hearing upon due notice before
Thomas E. Shroyer, Trial Examiner. Said hearing was held at
Rainelle, West Virginia, on March 5, 1943. The Company, the Car-
penters, and the U. M. W. 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
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- 531
532- DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the Board makes the following:
- FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Meadow River Lumber Co., a West Virginia corporation, .has its
office and place of business at Ilainciie, West Virginia, where it is
engaged in logging operations and tire manufacture of lumber and
lumber products. 'The Company owns and operates vocal logging
railroad lines and annually constructs an additional 10 miles in connec-
tion with its logging operations. The timber from these operations
is pr ccessed at the Company's sawinmll and lumber mill ; and; semi-
fabricated forms and finished products, such as furniture, are turned
out by the Company's furniture ,and shoe-heel factories. The Com-
pany also operates a machine shop, a retail outlet, and a powerhouse
which provides power not only for the Company's operations;' but
also for the town of Rainelle, for coal mines; for _a railroad no longer
owned by the Company, and for the railroad town. During the year
1912 the Company manufactured approximately 40,000,000 board
feet of lumber, about 85 percent of which was shipped to points out-
side the State of West Virginia, in various forms from lumber to
finished products. I ,
II. TILE ORGANIZATIONS INVOLVED
United Brotherhood of Carpenters and Joiners of Ainerica, Local
No. 2528, is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
-United" "Construction Workers, Division 'of District 50, United
=Mine=Workers of,'America, is a_ labor organization admitting to,
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
'For a number of years the Carpenters has had annual contracts
with the Company, recognizing it as the representative of those of
the Company's employees who were its in The last such con-
tract expired December 2, 1942, and was not renewed because, the
Carpenters desired recognition as exclusive bargaining agency.
While-negotiations were pending, the Carpenters filed its petition
in this proceeding. The Company finally acceded to the desire of the
Carpenters, and a recognition agreement, subject to, the, approval
'MEADOW RIVER;'LUMBER CO. 533
of the' Regionah Director, was signed on January 28, 1943, by the
Company'and the Carpenters.
It appears that -the U. M. W. began organizing activities ' in
December 1942, that it notified the Board's Cincinnati cffice of its
claims to representation and showed application for nielnbership
cards to the Field Examiner- sometime early in.January. A repre-
sentative of the Company testified that the Field Examiner informed
it of the U. M. W.'s claims about January 28, at the time the recogni-
tion agreement was executed. The U. M. W. filed its petition herein
'on, February 15,. 1943: - Furthermore, there is no -evidence' in, the
record to sliow-that the approval of the Regional Director, required
by the agreement of January 28, was ever given. ' Under these
circumstances,, we hold the recognition agreement is no bar to an
investigation of representatives.
A statement of the Field Examiner, introduced in evidence at the
hearing, indicates that the Carpenters and the U.'M. W. each repre-
sents a substantial number of employees in the unit hereinafter found
appropriate.' r
We find that a question affecting commerce has arisen concernhi
the representation of employees of the Company, within' the meaning
of Section `9 (c) and Section 2 (6) and (7) of the National Labor
Relations' Act.`
i IV. THE APPROPP,IATE UNIT
The parties are agreed that the unit should consist of the Company's
production and maintenance employees, excluding clerical, salaried,
and 'supervisory employees. The sole controversy concerns power-
house employees, whorl both unions,desire included, but whom the
Company contends should be excluded on the ground that since :ts
powerhouse employees supply power for two towns, two railroads,
and some coal companies in addition to the Company's operations, the
powerhouse 'is a, public utility. The powerhouse employees have been
includecLiwith the:, other -employees of' the Company throughout the
Company's bargaining history, and they were included in the' unit
provided for in the agreement of January 28, 1943. Moreover, both
unions have organized them and desire- their inclusion. We find
that they should *be included in the unit.
Accordingly, we find that till production and maintenance employees
of the Company, including the woods crew , the regular railroad and
the railroad construction crews, the workers in the lumber mill, saw-
3 The Field Examiner reported that the Carpenters submitted 238 designations , of which
213, all 1 liearjdg • apparently genuine original signatures, correspond with names on the
Company's payroll of January 8 , 1943, which contains 421 names. The Field Examiner'
also reported that the U . M. W submitted 213 card's,•alI of them bearing apparently genuine
original signatures which correspond with names on the aforesaid pay roll.
534 'DECISIONS OF NATIIONAL LABOR RELATIONS BOARD
mill, furniture, and shoe-heel factories, the machine shop, the retail
outlet, and the powerhouse, but excluding office , clerical, salaried, and
supervisory employees, 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.
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 Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Meadow River
Lumber Co., Rainelle, West Virginia, 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 Ninth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Section' 10, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 those em-
ployees who have since quit or been discharged for cause, to determine
whether they desire,to be represented by United Brotherhood of 'Car-
penters and Joiners of America, Local, No. 2528 affiliated with the
American Federation of 'Labor, or by United Construction Workers,
Division of District 50, United Mine Workers-of America, for the pur-
poses of collective bargaining, or by neither.