Deep River Timber Company

National Labor Relations Board - Board Decisions

Dec 30, 1938

10 N.L.R.B. 904 (N.L.R.B. 1938)

In the Matter of DEEP RIVER TIMBER COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL No. 137
Case No. R-957.-Decided December 30, 1938'
Logging Industry-Investigation of Repiesentatrves: controversy concerning
representation of employees : controversy concerning appropriate unit; com-
pany claimed other union had majority-Coat? act: no bar to action by Board-
Unit Appropriate for Collective Bargaining : all employees , excluding super-
intendent , woods foremen , office employees, subforemen , pile driver , and bridge
crew-Election Ordered
Mr. Thomas P. Graham, Jr., for the Board.
Mr. Edward B. Haygood, of Deep River, Wash., for Local No.
137.
Mr. L. Presley Gill, of Seattle, Wash., for Local No. 2615.
Mr. George Rose, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 31, 1938, International Woodworkers of America, Local
No. 137, herein called Local No. 137, filed with the Regional Director
for the Nineteenth Region (Seattle, Washington) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Deep River Timber Company, Deep River,
Washington, 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 July 1, 1938, 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
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On July 13, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon Local
No. 137, and upon the Lumber and Sawmill Workers Union, Local
No. 2615, herein called Local No. 2615, a labor organization claiming
10 N. L R. B., No. 79.
904
DECISIONS AND ORDERS 905
to represent employees directly affected by the investigation. Pur-
suant to the notice, a hearing was held on July 21, 1938, at Naselle,
Washington, before Thomas S. Wilson, the Trial Examiner duly
designated by the Board. The Board was represented by counsel,
and Local No. 137 and Local No. 2615 by representatives. All parties
participated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded to all parties. During the course of the hearing
the Trial Examiner made several rulings on motions and on objec-
tions to the admission of evidence. The Board has reviewed the rul-
ings 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
Deep River Timber Company is a Washington corporation engaged
in logging operations in the State of Washington. Its annual out-
put amounts to approximately 30 to 50 million feet of timber a year.
The value of the logs sold by the Company daring 1937 amounted to
approximately $400,000. The Company sold during 1937 approxi-
mately $26,000 worth of logs to companies located in Oregon and
approximately 20 per cent of its output to the Deep River Logging
Company which in turn shipped approximately 75 per cent of its
output to the California market.
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local No. 137, is a labor
organization affiliated with the Committee for Industrial Organiza-
tion, admitting to its membership all employees of the Company, ex-
cluding the superintendent, the woods foreman, supervisory em-
ployees, office employees, and the pile driver and bridge crew.
Lumber and Sawmill Workers Union, Local No. 2615, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to its membership all employees of the Company, excluding the
superintendent, the woods foreman, office employees, and the pile
driver and bridge crew.
III. THE QUESTION CONCERNING REPRESENTATION
Local No. 137, which was chartered on November 9, 1937, requested
the Company about January 1938 to bargain with it. The Company
refused to do so; stating that Local No. 2615 represented a majority
of the employees and that the employees were covered by an existing
contract. It appears that the Columbia Basin Loggers Association,
906 NATIONAL LABOR RELATIONS BOARD
to which the Company had delegated authority as regards collective
bargaining, made an agreement on May 20, 1937, with various unions,
including Local No. 2615 covering wages, hours, and other working
conditions of employees of companies affiliated with the Association.
This agreement provided that it should remain in effect until March
1, 1938, and thereafter for an additional period of 12 months unless
either party notified the other of a desire to change terms 60 days
prior to March 1, 1938, and presented such changes to the other
party 30 days prior to such expiration date. The record contains no
indication as to whether the agreement remained in effect after March
1, 1938. If the agreement did remain in effect, it expires by its-
terms shortly. The agreement clearly, therefore, constitutes no bar
to any investigation or certification of representatives. Indeed, no,
claim was made by any party that the agreement constituted a bar
to any action by the Board.
We find that a question has arisen concerning the 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 commerce
and the free flow of commerce.
V. TH '_' " PROPRIATE UNIT
At the hearing Local No:,,.)7 sought a unit composed of all em-
ployees of the Company, excluding supervisory employees, office em-
ployees, and the pile driver and bridge crew. It considered as super-
visory employees the section foremen, hook tenders, boom foremen,
track foremen, the civil engineer, the master mechanic, the bull
bucker, and the head cook. Local No. 2615 desired the inclusion in
the unit of all employees except the superintendent, the woods fore-
man, the office employees, and the pile driver and bridge crew.
It appears from the record that the section foremen, boom fore-
men, track foremen, the hook tenders, the master mechanic, the civil
engineer, the bull backer, and the head cook exercise general super-
vision over a number of employees and that they have authority to
recommend hiring and discharging. These employees, herein called
subforemen,l are clearly identified in some measure with the manage-
i This is the term by which such employees were generally designated at the hearing.
DECISIONS AND ORDERS 907
ment. Inasmuch as the inclusion of such employees in the unit is
objected to by one of the participating labor organizations, we shall
exclude the subforemen from the unit.'
We find that all the employees of the Company, excluding the sup-
erintendent, the woods foreman, the office employees, the subforemen,
and the pile driver and bridge crew, constitute a unit appropriate
for the purposes of collective bargaining and that said unit will in-
sure to employees of the Company the full benefit of their right to
self-organization and to collective bargaining and otherwise effec-
tuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing all parties indicated agreement to determine repre-
sentatives on the basis of the pay roll of the Company for May 31,
1938, plus persons employed from May 31 to the hearing date, but
excluding persons permanently discharged subsequent to May 31.
Accordingly, there was introduced in evidence a list 3 containing the
names of the persons on the pay roll of the Company for May 31
and the names of five persons employed between May 31 and the
hearing date and a list' of 29 persons who had been discharged after
May 31. It appears from the lists that the Company had in its em-
ploy at the time of the hearing approximately 156 employees, in-
clusive of employees both within and without the unit which we have
found to be appropriate.
Local No. 137 submitted in evidence 79 application cards which
were checked at the hearing against the aforesaid lists. It appears
that 24 persons whose names appear on the application cards were
not employed by the Company during the agreed eligibility period.
Local No. 2615 claimed that, in addition, 14 persons signing appli-
caition cards of Local No. 137 had also signed cards of Local No.
2615. Local No. 137 also submitted in evidence a list of 86 persons
whom it claimed as members. Of the persons whose names are on
this list, only 44 were employed by the Company during the agreed
eligibility period. Local No. 2615 submitted in evidence authoriza-
tion cards signed by 80 persons, including 14 persons whom Local
No. 2615 stated had also signed cards of Local No. 137.
Under all the circumstances, we find that the question which has
arisen concerning the representation of employees of the Company
can best be resolved by an election by secret ballot. The persons
eligible to vote in the election shall be those employees within the
2See Rem Manufacturing Co, Inc. and A. F. of L. Federal Local Union No. 20893-
7 N L R. B. 95.
$ Board Exhibit No. 2-A.
' Board Exhibit No. 2-B.
°908 NATIONAL LABOR RELATIONS BOARD
.appropriate unit whose names appear on Board Exhibit No. 2-A
which was introduced in evidence at the hearing , excluding those
who have since quit or been discharged for cause.
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 Deep River Timber Company, Deep River,
Washington , within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
2. All the employees of the Company, excluding the superintendent,
the woods foreman , the office employees , the subforemen, and the pile
driver and bridge crew , constitute a unit appropriate for the pur-
poses of collective bargaining , within the meaning of Section 9 (b)
of the 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 1, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Deep River
Timber Company, Deep River, Washington, an election by secret
ballot shall be conducted within fifteen ( 15) 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 of
Deep River Timber Company, Deep River, Washington, whose names
appear upon Board Exhibit No. 2-A introduced in evidence at the
hearing, excluding the superintendent , the woods foreman , the office
employees , the subforemen , and the pile driver and bridge crew, and
excluding also those employees who have since May 31, 1938, quit
or been discharged for cause , to determine whether they desire to be
represented by International Woodworkers of America, Local No.
137, affiliated with the Committee for Industrial Organization, or by
Lumber and Sawmill Workers Union, Local No. 2615, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining, or by neither.
DECISIONS AND ORDERS 909
[SAME TITLE
AMENDMENT TO DIRECTION OF ELECTION
January 14, 1939
On December 30, 1938, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceed-
ing, the election to be held within fifteen (15) days from the date of
the Direction, under the direction and supervision of the Regional
Director for the Nineteenth Region.
The Board, having been advised by the Regional Director for the
Nineteenth Region that a longer period within which to hold the
election is desirable, hereby amends its Direction of Election by strik-
ing therefrom the words "within fifteen (15) days from the date of
this Direction" and substituting therefor the words "within forty-
five (45) days from the date of this Direction."
10 N. L R B ., No. 79a.
[SAME TITLE
SUPPLEMENTAL DECISION
AND
AMENDED DIRECTION OF ELECTION
January 31, 1939
On December 30, 1938, the National Labor Relations Board issued a
Decision and Direction of Election in, the above-entitled proceeding.
On January 14,1939, the Board issued an Amendment to Direction of
Election. The Direction, as amended, provided that an election by
secret ballot be conducted within forty-five (45) days from the date
of the Direction, under the direction and supervision of the Regional
Director for the Nineteenth Region, among all employees of Deep
River Timber Company, Deep River, Washington, whose names
appear upon Board Exhibit No. 2-A introduced in evidence at the
hearing, excluding the superintendent, the woods foreman, the office
employees, the subforemen, and the pile driver and bridge crew, and
excluding also those employees who have since May 31, 1938, quit or
been discharged for cause, to determine whether they desire to be
represented by International Woodworkers of America, Local No.
137, affiliated with the Committee for Industrial Organization, or by
Lumber and Sawmill Workers Union, Local No. 2615, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining, or by neither.
"910 NATIONAL LABOR RELATIONS BOARD
On January 21, 1939, the Company, Lumber and Sawmill Workers
Union, Local No. 2615, International Woodworkers of America, Local
No. 11, and Patrick H. Walker, Attorney, National Labor Relations
-Board, signed a stipulation which stated that International Wood-
workers of America, Local No. 137, had caused its charter to be con-
solidated with Local No. 11, International Woodworkers of Amer-
ica; that said Local No. 137 had ceased to exist as a local union and
the employees of the Company who held membership in it had
merged into and become members of said Local No. 11; and that the
parties desired that the section foremen, hooktenders, boom fore-
men, track foremen, the master mechanic, the bull bucker, and the
head cook, be included within the appropriate unit and be allowed
to participate in the election which the Board had directed. The
stipulation authorized the Board, if it approved the stipulation, to
amend its Decision by substituting Local No. 11 for Local No. 137
as party to the proceedings and by making findings relative to the
appropriate bargaining unit in accordance with the terms of the
stipulation, and to issue a new Direction of Election to provide for
participation in the election by the section foremen, hooktenders,
boom foremen, track foremen, the master mechanic, the bull bucker,
and the head cook. The stipulation provided that it should be made
and become a part of the record in the case. The stipulation is
hereby approved.
Upon the basis of the stipulation and the entire record in the case,
the Board hereby amends Section V entitled "The appropriate unit"
under the Findings of Fact by striking therefrom paragraphs two
and three and substituting therefor the following :
It appears from the record that the civil engineer is an advi-
sory technical expert having general supervision over a number
of employees and possessing the authority to recommend hiring
and discharging. He is clearly identified in some measure with
the management. Inasmuch as the inclusion of the civil engi-
neer in the unit is objected to by one of the participating labor
organizations, we shall exclude him from the unit.
We find that all the employees of the Company, excluding the
superintendent, the woods foreman, the office employees, the civil
engineer, and the pile driver and bridge crew, constitute a unit
appropriate for the purposes of collective bargaining and that
said unit will insure to employees of the Company the full bene-
fit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
Upon the basis of the findings of fact, as amended, and upon the
entire record in the case, the Board hereby amends its Conclusions of
DECISIONS AND ORDERS 911
Law by striking from "2" thereof the words "the subforemen" and
-substituting therefor the words "the civil engineer."
The Board hereby amends its Direction of Election, as amended.
to read as follows :
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 1, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Deep
River Timber Company, Deep River, Washington, an election by
secret ballot shall be conducted within forty-five (45) 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 em-
ployees of Deep River Timber Company, Deep River, Washington,
whose names appear upon Board Exhibit No. 2-A introduced in evi-
dence at the hearing, excluding the superintendent, the woods fore-
man, the office employees, the civil engineer, and the pile driver and
bridge crew, and excluding also those employees who have since May
31, 1938, quit or been discharged for cause, to determine whether
they desire to be represented by International Woodworkers of
America, Local No. 11, affiliated with the Committee for Industrial
Organization, or by Lumber and Sawmill Workers Union, Local No.
2615, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining, or by neither.
10 N. L. R. B, No. 79b.