Atchison Lumber and Logging Co.

National Labor Relations Board - Board Decisions

Dec 13, 1974

215 N.L.R.B. 572 (N.L.R.B. 1974)

572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Atchison Lumber and Logging Co. and Truck Drivers,
Warehousemen and Helpers , Local Union No. 148,
Affiliated with the International Brotherhood of
Teamsters , Chauffeurs , Warehousemen and Helpers
of America, Independent , Petitioner. Case
19-RC-7237
December 13, 1974
DECISION ON REVIEW
BY CHAIRMAN MILLER AND MEMBERS FANNING AND
PENELLO
On October 2, 1974, the Regional Director for Re-
gion 19 issued a Decision and Direction of Election in
the above-entitled proceeding in which he directed an
e. 2ction in a unit of "all logging truckdrivers employed
by the Employer at its Tonasket, Washington, opera-
tion." Thereafter, in accordance with Section 102.67 of
the National Labor Relations Board Rules and Regula-
tions, Series 8, as amended, the Employer filed a timely
request for review of the Regional Director's decision
on the grounds, inter alia, that, in rejecting the Em-
ployer's contention that only an overall production and
maintenance unit including truckdrivers is appropriate,
the Regional Director departed from officially reported
Board precedent.
By telegraphic order dated October 31, 1974, the
National Labor Relations Board granted the request
for review and stayed the election pending decision on
review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the entire record with
respect to the issue under review and makes the follow-
ing findings:
The Employer is a partnership engaged in contract
logging for various sawmill operators. It does not oper-
ate a sawmill, but cuts, prepares, and delivers logs to
mill operators. Its logging operation consists of two
crews, each performing such operations as felling, limb-
ing, skidding, sawing, loading, and hauling logs. Each
crew is directed by a foreman and includes such various
employee classifications as fellers, cat skinners, landing
men, loader operator, and truckdrivers. There are ap-
proximately 7 employee truckdrivers and 23 employees
in other classifications. Although the primary function
of the drivers is to haul logs from the loading areas to
the mills, the record discloses that the drivers have
regular contact with other employees at the landing
where the logs are loaded onto their trucks. They are
also utilized to perform duties of other crewmembers,
such as limbing, skidding, removing chokers from logs,
and working with or in place of the loader operator.
During spring "breakup," when roads are not usable
for hauling, senior drivers are offered such employment
as is available in other job classifications. In addition,
the record reveals that most of the drivers have oc-
cupied other job classifications of the Employer, and
that some of the production and maintenance em-
ployees have previously been log-hauling drivers for the
Employer.
The drivers receive the same benefits as other pro-
duction and maintenance employees, are paid the same
day from a common payroll, albeit the pay of the driv-
ers is computed on a different basis, essentially work
the same week, and share common supervision. In ad-
dition, it is clear that, in performing the overall func-
tion of the Employer, the work of each job classification
is dependent on the operation of the other classifica-
tions in such a way that any termination or slowdown
of work in one part of the logging operation will affect
the balance of the operation.
In appropriate cases, the Board has found that truck-
drivers may constitute separate units where the drivers
are a functionally distinct and homogeneous group
whose duties and interests are different from other em-
ployees. Here, however, there is insufficient basis for
such a finding. It is clear from the record and the
foregoing that the drivers requested here perform over-
lapping job functions with other employees, have held
other job classifications of the Employer, and otherwise
share a community of interest with the Employer's
other production and maintenance employees. In such
circumstances, we have found that a unit limited to
truckdrivers is inappropriate.' Thus, based on the re-
cord as a whole, we find here, contrary to the Regional
Director, that the appropriate unit must encompass all
of the Employer's production and maintenance em-
ployees and truckdrivers.2
Accordingly, we shall remand this case to the Re-
gional Director so that he may conduct an election in
accordance with his Decision and Direction of Election
as modified herein3 except that the payroll period for
eligibility shall be that immediately preceding the date
of issuance of this Decision. [Excelsior footnote omitted
from publication.]
I See Standard Oil Company, 147 NLRB 1226 (1964)
2 Claridge Logging Company, Inc, 164 NLRB 1068 (1967), Boyden
Logging, Inc, 164 NLRB 1069 (1967)
, As the unit found appropriate herein is larger than that sought by
Petitioner, if the Petitioner does not now wish to participate in an election
in the unit found, we shall permit it to withdraw its petition without preju-
dice upon notice to the Regional Director within 5 days from the date of
this Decision
Also, as the Petitioner's showing of interest was for a unit smaller than
the unit in which an election is being directed, the Regional Director shall
determine whether the Petitioner has an adequate showing of interest in the
broader unit found appropriate before proceeding to an election
215 NLRB No. 105