Beatty Logging Co., Inc.

National Labor Relations Board - Board Decisions

Mar 29, 1944

55 N.L.R.B. 810 (N.L.R.B. 1944)

In the Matter of BEATTY LOGGING COMPANY, INC. and LUMBER AND
SAWMILL WoIuu Rs, LOCAL 2705, AFL
Case No. 19-R-1276.-Decided Marcia 29, 1944
Mr. Richard B. Maxwell and Mr. G. C. Lorenz, of Klamath Falls,
Oreg., for the Company.
Mr. Hugh R. Haddock and Mr. W. Yeoman, of Klamath Falls,
Oreg., for the AFL.
Mr. Claude Ballard, of Portland, Oreg., and Mr. Cheater C.
Dunsten, of Klamath Falls, Oreg., for the CIO.
Mr. William Strong, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by Lumber and Sawmill Workers, Local
2705, AFL, herein called the A. F. L., alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Beatty Logging Company, Inc., Klamath Falls, Oregon, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before John E. Hedrick,
Trial Examiner. Said hearing was held at Klamath Falls, Oregon,
on February 23, 1944, the Company, the AFL, and International
Woodworkers of America, Local #6-12, CIO, herein called the CIO,
appeared and participated. All parties were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses, and to in-
troduce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed, except as shown otherwise below. 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
1. THE BUSINESS OF THE COMPANY
The Company, an Oregon corporation , maintains its office in Kla-
math Falls, and its logging operations near Beatty, Oregon , where it
55 N. L. R. B., No. 146
810
BEATTY LOGGING COMPANY, INC. 811
is engaged in the logging business. All of the logs out by the Com-
pany are sold by it to mills at Klamath Falls, which convert them
into finished )umber, almost all of which is shipped to points outside
the State of Oregon. The Company produces about 5,000,000 board
feet of logs a month.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATrONS INVOLVED
International Woodworkers of America, Local *6-12, affiliated
with the Congress of Industrial Organizations, and Lumber and Saw-
mill Workers, Local 2705, affiliated with the American Federation of
Labor. are labor organizations admitting to membership employees of
the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
On September 10, 1943, the AFL filed with the Regional Director
for the Nineteenth Region a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
the Company.' On September 13, 1943, pursuant to an agreement for
a consent election executed by the Company, the AFL, and the CIO,
an election by secret ballot was conducted among the employees of
the Company in the unit which petitioner herein, the AFL, alleges to
be appropriate, with the AFL, the CIO, and a "neither union" choice
on the ballot. While a majority of the employees participating in
the election voted in favor of the two labor organizations, neither of
them received a majority of the total votes cast. On October 1, 1943,
a Run-Off Election by secret ballot was conducted by the Regional
Director, and the CIO received a majority of the votes cast.
In January 1944 the CIO and the AFL each requested a recogni-
tion for collective bargaining purposes. The Company declined to
deal with either organization. The AFL thereupon filed the petition
in the instant case.
The AFL urges that various conditions, including the employment
by the Company of persons previously in the employ of another em-
ployer and represented there by the AFL, and the incorporation in
January 1944 of the instant Company, constitute a basis for a new
election at this time. The CIO points to its selection in the consent
election as barring a present redetermination of the representation
desires of the employees.
In view of the selection of the CIO by secret ballot in October 1943,
and the absence of merit to the contentions of the AFL, we conclude
Matter of Beatty Lumber Company, 19-R-1187
812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the CIO is still the duly selected representative of the Company's
employees and that the petition of the AFL is premature.
We find, accordingly, that no question concerning representation
has arisen , and we shall dismiss the petition.
ORDER
Upon the basis of the above findings of fact and the entire record
in the case, the National Labor Relations Board hereby orders that
the petition for investigation and certification of representatives of em-
ployees of Beatty Lumber Company , Inc., Klamath Falls, Oregon,
filed by Lumber and Sawmill Workers, Local 2705 , AFL, byes and it
hereby is , dismissed.