Booth-Kelly Lumber Co.

National Labor Relations Board - Board Decisions

Aug 6, 1941

33 N.L.R.B. 1146 (N.L.R.B. 1941)

In the Matter of BOOTH-KELLY LUMBER COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL No. 5-246, AFFILIATED WITH THE
C. I. O.
Case No. R-7'44.Decided August 6, 1941
Jurisdiction : lumber products manufacturing industry.
Investigation and Certification of Representatives : existence of question : parties
stipulated that Company refused to recognize either of rival organizations
until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all employees engaged in the manu-
facturing, wholesaling, and retailing of lumber products in the operation of
the Company's mill located in Springfield, Oregon, stipulation as to.
Mr. Lawrence T. Harris, of Eugene, Oreg., for the Company.
Mr. L. Hartung, of Portland, Oreg., and Mr. Max Gardner, of
Eugene, Oreg.,'for the C. I. O.
Mr. J. G. Wolf, of Portland, Oreg., and Yr. C. P. Richards, of
Goshen, Oreg., for the A. F. of L.
Mr. Bliss Daffan, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 9, 1941; International Woodworkers of America, Local
No. 5-246, affiliated with the C. I. 0., herein called the C. I. 0.,
filed with the Regional Director for the Nineteenth Region (Seattle,
Washington) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Booth-
Kelly Lumber Company, Eugene, Oregon, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On June 25, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National
Labor Relations Board Rules and Regulations--Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice.
33 N. L. It. B, No. 195.
1146
BOOTH-KELLY LUMBER COMPANY 1147
On July 1, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the C. I. 0.,
and Willamette Valley District Council, Lumber and Sawmill Work-
ers, affiliated with the A. F. of L., herein called the A. F. of L., a labor
organization claiming to represent employees directly affected by the
investigation. Pursuant to notice, a hearing was held on July 16,
1941, at Eugene, Oregon, before Charles M. Brooks, the Trial Ex-
aminer duly designated by the Chief Trial Examiner. The Com-
pany, the C. I. 0., and the A. F. of L. were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing, the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Booth-Kelly Lumber Company is an Oregon corporation with its
principal office at Eugene, Oregon. It operates lumber mills at
Wendling and Springfield, Oregon, and is engaged in the production,
manufacture, and sale of logs, lumber, and lumber products. This
proceeding is only concerned with the Company's employees at its
mill at Springfield, Oregon. During 1940, sales of products manu-
factured at the Springfield mill amounted to approximately $715,000,
of which approximately 75 per cent in value were sold and trans-
ported to points outside the State of Oregon. All the logs used
at the Springfield mill during the same period for the manufacture
of its products were secured within the State of Oregon. There are
approximately 171 production and maintenance employees at the
Springfield mill.
II. THE LABOR ORGANIZATIONS INVOLVED
International Woodworkers of America, Local No. 5-246, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Willamette Valley District Council, Lumber and Sawmill Workers,
affiliated with the A. F. of L., is a labor organization affiliated with
the American Federation of Labor, admitting to membership
employees of the Company.
1148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
M. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated at the hearing that both the C. I. O. and
the A. F. of L. have made claims to the Company that each should
be recognized as the exclusive representative of the employees and
that the Company has refused to recognize either of said organiza-
tions until one or the other is certified by the Board as the exclusive
bargaining representative of said employees. A report prepared by
a Field Examiner for the Board, introduced in evidence at the hear-
ing, shows that each of said organizations represents a substantial,
number of employees in the unit alleged to be appropriate.,
d We find that a question has arisen concerning the representation
of employees of the Company.
rV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION 'UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The C. I. O. and the A. F. of L. stipulated, the 'Company did not'
oppose, and we find, that the unit appropriate for collective bargain-
ing consists of all employees engaged in the manufacturing, whole-
saling, and retailing of lumber products in the operation of the
Company's mill located in Springfield, Oregon, excluding super-
visory and office employees. We find further than such unit will
insure to,employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. At the
hearing the parties took no position relative to the pay-roll date
'The Field Examiner reported that out of 132 membership application cards submitted
to him by the C. I. 0 , variously dated between October 1940 and some undisclosed month
in 1941, 92 were signed by employees on the Company 's pay roll as of June 13, 1941 ; and
that out of 59 membership application cards submitted to him by the A F. of L., some
dated in 1938 , some in 1939 , and some with no date, 47 were signed by employees on the
Company 's pay roll of April 14, 1941. There are approximately 171 employees in the unit
alleged to be appropriate.
BOOTH-KELLY LUMBER COMPANY 1149
to be used to determine eligibility of employees to participate in the
election. In accordance with our usual practice, we shall direct that
the employees of the Company at 'its Springfield mill eligible to vote
in the election shall be those employees in the appropriate unit who
were employed during the pay-roll period immediately preceding
the Direction of Election herein, subject to such limitations and
additions as are set forth in the Direction hereinafter.
At the hearing the A. F. of L. requested that its name appear on
the ballot as "Willamette Valley District Council, A. F. of L." The
request is hereby granted.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Booth-Kelly Lumber Company at its
Springfield, Oregon, mill, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All employees engaged in the manufacturing, wholesaling, and
retailing of lumber products in the operation of the Company's mill
located in Springfield, Oregon, excluding supervisory and clerical
employees, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (c) of the National
Labor Relations Act.
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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining with Booth-Kelly Lumber Company, Springfield, Oregon,
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 Nineteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations, among all employees engaged in the manu-
facturing, wholesaling, and retailing of lumber products in the oper-
ation of the Company's mill located in Springfield, Oregon, who
were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work
1150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
during said pay-roll period because they were ill or on vacation
or in the active military service or training of the United States, or
temporarily laid off, but excluding supervisory and office employees,
and employees who have since quit or been discharged for cause, to
determine whether they desire to be represented by International
Woodworkers of America, Local No. 5-246, affiliated with the C. I. 0.,
or by Willamette Valley District Council, A. F. of L., for the
purpdses of collective bargaining, or by neither.