R. C. Owen, R. C. Owen, Jr., And Roy Owen, Doing Business As R. C. Owen Company And International Woodworkers Of America (cio), 61 (1943)

In the Matter of R. C. OWEN, R. C. OWEN, JR., and ROY OWEN, DOING BUSINESS AS R. C. OWEN COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA (CIO) Case No. 14R-7-57.--Diecided October 25, 19.43 Mr. Roy Owen, of Hopkinsville, Ky., for the Company.

Mr. Joseph D. Cannon, of Louisville, Ky., and Messrs. Robert Pollock and Everett Huckeby, both of Hopkinsville, Ky., for the Union.

Mr. David V. Easton, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon the petition filed by International Woodworkers of America (CIO), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of R. C.

Owen, R. C. Owen, Jr., and Roy Owen, doing business as R. C. Owen Company, Hopkinsville, Kentucky, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Harry G. Carlson, Trial Examiner. Said hearing was held at Hopkinsville, Kentucky, on October 1, 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. All parties were afforded an 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 COM~PANY R. C. Owen, R. C. Owen, Jr., and Roy Owen constitute a copartnership doing business as R. C. Owen Company. The Company operates a lumber manufacturing business located at Hopkinsville, Kentucky,

and three small portable sawmills which operate within a radius of 50 miles from the Company's operations at Hopkinsville, Kentucky. The raw materials used by the Company during the year 1942 exceeded $100,000 in value, of which 10 percent came from points outside the State of Kentucky. Finished products of the Company consisting of lumber, mouldings, and flooring, valued in excess of $150,000, were sold during the same period. Over 70 percent thereof was shipped to points outside the State of Kentucky. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATION INVOLVED International Woodworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the...