Coos Bay Logging Company

National Labor Relations Board - Board Decisions

Jul 24, 1939

13 N.L.R.B. 950 (N.L.R.B. 1939)

In the Matter of Coos BAY LOGGING COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL No . 116
Case No. R-1339.-Decided July 24, 1939
Lumber and Lumber Products Manufacturing Industry-Investigation of Rep-
resentatives : controversy concerning representation of employees : refusal by
employer to recognize petitioning union as exclusive representative on ground
that it is unaware of appropriate bargaining unit and whether petitioner repre-,
sents a majority of employees-Unit Appropriate for Collective Bargaining.
all employees of two separate plants, exclusive of office and supervisory em-
ployees ; similarity of operations of two plants ; unity of interest ; essentially,
similar wage scales ; transfers of employees-Election Ordered
Mr. Patrick H. Walker, for the Board.
Mr. Joseph McKeown, of Marshfield, Oreg., for the Company.
Mr. Ben Anderson, of Portland, Oreg., for the I. W. A.
Mr. L. Presley Gill, of Seattle, Wash., for the United.
Mr. Wallace Cooper, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 6, 1938, International Woodworkers of America, Local
No. 116,1 herein called the I. W. A., filed with the Regional Director
for the Nineteenth Region (Seattle, Washington) a petition alleging
that a question affecting commerce had arisen concerning the rep-
resentation of employees of Coos Bay Logging Company, North
Bend, Oregon, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On February 9, 1939, 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 1, as amended, ordered an investigation and
1 The name of the petitioner as shown by its charter is Lumber and Sawmill Workers,
Local No. 116 , affiliated with the International Woodworkers of America.
13 N. L. R. B., No. 99.
a
950
COOS BAY LOGGING COMPANY 951
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
On March 16, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
I. W. A., and upon Lumber and Sawmill Workers Union, Local No.
2573, affiliated with the United Brotherhood of Carpenters and Join-
ers of America, herein called the United, a labor organization claim-
ing to represent employees directly affected by the investigation.
Pursuant to the notice, a hearing was held on April 4, 1939, at Marsh-
field, Oregon, before Thomas S. Wilson, the Trial Examiner duly
designated by the Board. The Board, the Company, the I. W. A.,.
and the United were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross-exam-
ine witnesses, and to introduce evidence bearing 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
I. THE BUSINESS OF THE COMPANY
Coos Bay Logging Company, a corporation organized under the
laws of the State of Oregon, is engaged in the manufacture, sale,
and distribution of lumber and lumber products at and from its two
plants situated at North Bend and Empire, Oregon, herein referred
to respectively as the Old Town plant and the Sitka plant. The
employees of both plants are involved in this proceeding.
The raw materials used by the Company consist solely of logs cut
from standing timber growing in the State of Oregon. During 1938
the Company produced at its two plants 41,395,361 board feet of
lumber and lumber products, in excess of 96 per cent of which were
sold and shipped outside the State of Oregon.
The Company stipulated that it is engaged in interstate commerce
"within the meaning of the National Labor Relations Act and deci-
sions of the United States Supreme Court."
II. THE ORGANIZATIONS INVOLVED
Lumber and Sawmill Workers, Local No. 116, is a labor organiza-
tion affiliated with the International Woodworkers of America, which
in turn is affiliated with the Congress of Industrial Organizations,
admitting to its membership all production and maintenance em-
ployees of the Company, excluding office and supervisory employees.
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lumber and Sawmill Workers Union, Local No. 2573, is a labor
organization affiliated with the United Brotherhood of Carpenters
and Joiners of America, which in turn is affiliated with the American
Federation of Labor, admitting to its membership all production and
maintenance employees of the Company, excluding office and super-
visory employees.
III. THE QUESTION CONCERNING REPRESENTATION
In or about June or July 1938, the Company refused the request
of the I. W. A. that the Company negotiate a contract with it for
and on behalf of the Company's employees. William Vaughan,
president of the Company, testified that the Company has no knowl-
edge as to the appropriate bargaining unit or whether the I. W. A.
or the United represents a majority of the employees within an
appropriate unit.
We find that a question has arisen concerning representation of
employees of the Company.
IV. 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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The I. W. A. contends that the appropriate unit for purposes of
collective bargaining should be composed of all the employees in both
the Old Town and Sitka plants, excluding office and supervisory
employees. The United asks that a separate unit be established for
the employees of each plant. It apparently desires that such units
be composed of all the employees of the respective plants, exclusive
of office and supervisory employees. The Company also favors a
separate unit for each plant. Its only objection to a single unit cover-
ing employees of both plants is based on the fact that a separate
seniority system is maintained for each plant and its belief that a
single unit would involve transfers of employees from one plant
to the other.2
2 It is clear that the establishment of a single bargaining unit would not ipso facto
necessitate any change in the Company 's seniority system This might properly be a
subject of collective bargaining irrespective of the unit found to be appropriate.
COOS BAY LOGGING COMPANY • 953
The record is vague and conflicting as regards the past bargaining
practices of the Company. The only testimony relative to this con-
sideration was given by O. G. King, a former member of the United's
negotiating committee and now a member of the I. W. A., and by
Fritz Hagen, a present member of the United. King testified that
the United had in the past carried on negotiations with the Company
"jointly" on behalf of employees at both plants. Hagen testified that
the United's policy had always been to consider the employees at the
two plants separately as regards collective bargaining.
The two plants, situated approximately 6 miles apart, are both
engaged in the manufacture of lumber and lumber products. Al-
though circular saws are used at the Old Town plant and band saws
are used at the Sitka plant, the operations at the two plants are of an
essentially similar nature. The wages paid employees at the two
plants are substantially the same and the general working conditions
and the problems of employees at the plants are similar. Both
plants are under one superintendent who has a foreman under him
for each plant. Although separate records are kept of costs of oper-
ation and production of each plant and a separate pay-roll record
is kept for each plant, the Company maintains a single accounting
office. The transfer of personnel can be made with the exception of a
few jobs from one plant to the other. In the past, when one plant
has been shut down, a substantial number of employees have on
occasion been transferred to the other plant.
Under all the circumstances, we are of the opinion that a single
unit composed of employees of the Company at the two plants is
appropriate and that which will most effectively insure to the em-
ployees of the Company the full benefit of their right to self-organi-
zation and collective bargaining and otherwise effectuate the policies
of the Act .3
We find that all the employees of the Company at its Old Town
and Sitka plants, exclusive of office and supervisory employees, con-
stitute a unit appropriate for purposes of collective bargaining and
that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargain-
ing and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
There was introduced in evidence at the hearing, pay rolls of the
Company for December 1937, June 1 to 15, 1938, January 1939, and
S See Matter of Standard Oil Company of California and Oil Workers International
Union, Local 299, 5 N. L R B. 750; Matter of C. A. Lund Company and Novelty Workers
Union, Local 1866 ( A F. of L .) successor, 6 N L. R. B. 423 ; Matter of American Steel ct
Wire Company and Steel and Wire Workers Protective Association , 5 N. L. R. B. 871;
Matter of Pittsburgh Plate Glass Company and Federation of Flat Glass Workers of
America, affiliated with C 1 0, 10 N L. R B 1111.
954 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
March 15 to 31, 1939. William Vaughan, the Company's president,
testified that the last year of normal operation of the Company was
1937; that the operations during the period from June 1 to 15, 1938,
were below normal; that the operations in January 1939 were unusual
in that two shifts were working at the Old Town plant, whereas
no shift was working at the Sitka plant; and that the operations dur-
ing the period March 15 to 31, 1939, at which time one shift was in
operation at the Old Town plant and one shift at the Sitka plant,
were about normal. He further testified that there was a possibility
of the establishment of an additional shift of approximately 15 men
at the Sitka plant and that if such shift were established preference
in employment would be given to former employees.
The United asks that the determination of representatives be based
on the Company's pay roll for the period from March 15 to 31, 1939,
whereas the I. W. A. contends that such determination be based on
the pay rolls for December 1937 and January 1939. The Company
expressed no opinion upon this matter.
Inasmuch as the pay roll for the period from March 15 to 31, 1939,
represents a normal period of operation and was for a period imme-
diately preceding the hearing in this proceeding, we think that the
determination of representatives is properly based on employment
during such period, including also any persons who have been em-
ployed by the Company between March 31, 1939, and the date of this
Decision,4 and we so find. During the period from March 15 to 31,
1939, the Company employed approximately 148 persons in the unit
which we have found to be appropriate.
The I. W. A. introduced in evidence designation cards signed
during the period March 18 to 31, 1939, by 128 persons within the
appropriate unit. The United submitted in evidence a list of 83
employees within the unit who its representative testified had signed
cards designating the United as bargaining representative. This list
included the names of 77 persons who also signed the I. W. A.
designation cards.
We find that the question which has arisen concerning represen-
tation can best be resolved by an election by secret ballot. The per-
sons eligible to participate therein shall be all persons within the
appropriate unit who were employed by the Company during the
pay-roll period from March 15 to 31, 1939, including employees
who did not work during such period because they were ill or on
vacation and also any who have been employed by the Company
between March 31, 1939, and the date of this Decision, but excluding
persons who have since quit or been discharged for cause.
A See Armour & Company and United Packinghouse Workers Local Industrial Union
No. 13 of Packinghouse Workers Organizing Committee , affiliated with C. 1. 0., 13 N L.
R. B. 567.
COOS BAY LOGGING COMPANY 955
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 repre-
sentation of employees of Coos Bay Logging Company, North Bend,
Oregon, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All the employees of the Company in its Old Town and Sitka
plants, exclusive of office and supervisory employees, constitute a
unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) 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 Rela-
tions Act and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargain-
ing with Coos Bay Logging Company, North Bend, Oregon, an
election by secret ballot shall be conducted within fifteen (15) days
from the date of this Direction of Election under the direction
and supervision of the Regional Director for the Nineteenth Region,
acting in the matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among all the employees of Coos Bay Logging Company in its Old
Town and Sitka plants, exclusive of office and supervisory employees,
who were employed by the Company during the period from March
15 to 31, 1939, including employees who did not work during such
period because they were ill or on vacation, and also any employees
who have been employed by the Company between March 31, 1939,
and the date of this Direction of Election, but excluding employees
who have since quit or been discharged for cause, to determine
whether they desire to be represented by Lumber and Sawmill Work-
ers, Local No. 116, affiliated with the International Woodworkers of
America, which in turn is affiliated with the Congress of Industrial
Organizations, or by Lumber and Sawmill Workers Union, Local
No. 2573, affiliated with the United Brotherhood of Carpenters and
Joiners of America, which in turn is affiliated with the American
Federation of Labor, for the purposes of collective bargaining', or
by neither.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Direction of Election.