Victor Lumber Co.

National Labor Relations Board - Board Decisions

Jan 19, 1945

60 N.L.R.B. 157 (N.L.R.B. 1945)

In the Matter of VICTOR LUMBER COMPANY and UNITED CONSTRUCTION
WORKERS, AFFILIATED WITH UNITED MINE WORKERS OF AMERICA
Case No. 5-R-1778.-Decided January 19, 1945
Mr. Fred Shortt, of Vansant, Va., for the Company.
Mr. Thomas Davis, of Norton, Va., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Construction Workers, affiliated
with United Mine Workers of America, herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Victor Lumber Company, Wise, Vir-
ginia, herein called the Company, the National Labor Relations Board
provided- for an appropriate hearing upon due notice before George
L. Weasler, Trial Examiner. Said hearing was held at Wise, Vir-
ginia, on January 3, 1945. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner'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
1. THE BUSINESS OF THE COMPANY
Vitcor Lumber Company is a partnership with its principal office
at Wise, Virginia: It operates a planing mill at Wise, Virginia, and
a sawmill at Eolia, Kentucky. During November and December 1944,
the Company sold products valued at about $13,100, approximately 25
perC^nt of which was shipped to points outside the Commonwealth of
Virginia. During the same period the Company purchased materials
60 N L. R. B., No. 29.
157
158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
valued at about $20,500, approximately 35 percent of which was
shipped to it from points outside the Commonwealth of Virginia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IL THE ORGANIZATION INVOLVED
United Construction Workers, affiliated with United- Mine Workers
of America, is a labor organization, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.,,
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
i
The Union urges that all production and maintenance employees
at the planing mill and sawmill of the Company, including lumber
mill workers, truck drivers, timber cutters and loggers, and watchmen-
firemen, but excluding the shipping clerk and office clerical and super-
visory employees, constitute an appropriate unit. The only contro-
versy with respect to the unit concerns the watchmen-firemen.
The Company employs two persons who are classified as watch-
men-firemen whose' duties involve the protecting of the Company's
property and watching for trespassers. In addition, they get up steam
in the boilers. They work the same hours as the regular employees
and are not armed, militarized, deputized, or uniformed. Inasmuch
as they perform the type of duties normally performed by watchmen,
we shall include them in the unit.
We find that all production and maintenance employees at the plan-
ing mill and sawmill of the Company, including lumber mill workers,
truck drivers, timber cutters and loggers, and watchmen-firemen,
but excluding the shipping clerk, office clerical employees, and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
1 The Field Examiner reported that the Union presented 47 authorization cards. There
were 18 persons in the appropriate unit on December 11, 1944.
VICTOR LUMBER COMPANY 159
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 DETERDIINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by means of an election by secret ballot. The
Union urges that a pay roll as of November 1, 1944, be used to de-
termine eligibility to vote. Inasmuch as no persuasive reason appears
as to why we should depart from our usual practice, we shall direct
that those eligible to vote shall be the employees in the appropriate
unit who were employed during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, subject to the lim-
itations 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Victor Lumber
Company, Wise, Virginia, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from the
date of this Direction, under the direction and supervision of the Re-
gional Director for the Fifth Region, acting in this matter as agent
for the National Labor Relations Board and subject to Artiele III.
Sections 10 and 11, of said Rules and Regulations, among the enI-
ployees 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 or not they desire to be represented by United Construc-
tion Workers, affiliated with United Mine Workers of America, for
the purposes of collective bargaining.