The Dorris Lumber & Moulding Co.

National Labor Relations Board - Board Decisions

Apr 16, 1943

48 N.L.R.B. 1307 (N.L.R.B. 1943)

In the Matter of THE DORRIS LUMBER & MOULDING COMPANY and
UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, ON
BEHALF OF LUMBER AND SAWMILL WOP.KERS, LOCAL 2828, AFFILIATED
WITH THE A. F.'oF L .
Case No. R-5090.-Decided April 16,1943
Jurisdiction : lumber products manufacturing industry.
Investigation and Certification of Representatives : existence of, question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding clerical, store, supervisory, and temporary employees.
111r. E. Israelson, of Dorris, Calif., for the Company.
Messes. L. "G. Carroll and William F. Wedel, of Klamath Falls,
Oregon, for the Union.
Mr. Joseph,' E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Brotherhood of Carpenters &
Joiners of America, on behalf of Lumber and Sawmill Workers, Local
2828, affiliated with the A. F. of L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the represen-
tation of employees of The Dorris Lumber A Moulding Company,
Dorris, California, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Louis S. Penfield, Trial Examiner. Said hearing was held at
Klamath Falls, Oregon, on March 31, 1943. The Company and the
Union 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 rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
-'International Woodworkers of America, C. I. 0., although served with notice, did not
appear at the hearing.
48 N. L. R. B., No. 165.
1307
1308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Dorris Lumber & Moulding Company, a California corporation,
with its, general offices and plant in Dorris, California, is engaged in the
manufacture of finished lumber products. , During the year 1942 the
Company's purchases of raw materials, consisting principally of rough
lumber amounted to approximately $650,000, 60 percent of which was
shipped to its plant from sources outside the State of California.
During the same period the sales of the Company were in excess 'of
$1,000,000, 95 percent of which was shipped to points outside the State
of California. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Brotherhood of Carpenters & Joiners of America, on behalf
of Lumber and Sawmill Workers,-Local 2828, affiliated with the Amer-
ican Federation of Labor, is a labor organization, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In the latter part of February 1943, the Union orally requested the
Company to recognize the Union as the bargaining -representative
of its employees. The Company informed the Union that it was un-
willing to grant the Union's request, unless and until it was certified
by the Board. Shortly thereafter the Union filed its petition.
A statement prepared by the Regional Director, introduced in evi-
dence at the hearing, indicates that the Union represents a substantial
number of'employees in the unit hereinafter found to be appropriate.2
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 accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, excluding
2 The Regional Director's statement shows that the Union submitted 46 application for
membership cards and the Union also submitted 3 cards to the Trial Examiner at the hear-
ing, all of which bear apparently genuine signatures, and 34 of which bear the names of
-persons vhose names are listed on the Company's pay roll of March 4, 1943, as permanent
employees ; the pay roll contains the names of 86 employees in the appropriate unit, 18
of which are listed as temporary employees. All the cards were signed between December
22, 1942 and March 31, 1943.
TAE DORRSS LUMBER & MOULDING COMPANY 1309
clerical, store,, supervisory, and temporary employees,3 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of -Elec-
tion 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 represent-
atives for the purposes of collective bargaining with The Dorris
Lumber & Moulding Company, Dorris, California, 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 Twentieth 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 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, to determine whether or not they ; desire to be represented
by United Brotherhood of Carpenters & Joiners of America, on behalf
of Lumber and Sawmill Workers, Local 2828, affiliated with the
A. F. of L., for the purposes of collective bargaining.
3 The temporary employees are permanently assigned to other concerns in the lumber
industry by the war Manpower Commission, but they are permitted to tTh e temporary
employment by the United States Employment Service while these concerns are not in
operation.