Donovan Lumber Company

National Labor Relations Board - Board Decisions

Dec 14, 1938

10 N.L.R.B. 634 (N.L.R.B. 1938)

In the Matter of DONOVAN LUMBER COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL No. 2 1
In the Matter of BAY CITY LUMBER COMPANY and SAWMILL AND
TIMBER WORKERS" UNION, LOCAL No. 2, I. W. A.
In the Matter of SCHAFER BROTHERS LOGGING COMPANY and SAWMILL
AND TIMBER WORKERS' UNION, LOCAL No. 2, I. W. A.
In the Matter of GRAYS HARBOR LUMBER CoiIPANY and LOCAL No.
2888, LUMBER AND SAWMILL WORKERS UNION
In the Matter of ANDERSON & MIDDLETON LUMBER COMPANY and
SAWMILL AND TIMBER WORKERS' UNION, LOCAL No. 2, I. W. A.
Cases Nos. R-947 to R-951, inclusive, respectively.Decided
December 14, 1938
Lumber Industry-Investigation of Representatives: controversy concerning
representation of employees : controversy concerning appropriate unit ; rival
organizations ; employers' refusal to recognize either rival union as exclusive
representative-Unit Appropriate for Collective Bargaining: production and
maintenance employees in sawmill and logging camps ; foremen and super-
visory employees of higher rank, clerical employees, and employees of inde-
pendent contractors excluded; boom men, tugboat operators, shingle weavers,
and timber cruisers excluded as having their own unions not parties to these
cases-Elections Ordered
Mr. William A. Babcock, Jr., for the Board.
Mr. Howard Bennett, of Tacoma, Wash., and Mr. L. Presley Gill,
of Seattle, Wash., for Locals Nos. 2762, 2778, 2782, 2783, and 2888.
Houghton, Cluck and Coughlin, by Mr. Paul Coughlin, of Seattle,
Wash., for Local No. 2.
Flood, Leniluln cQ Ivers, by Mr. Emmett G. Lenihan, of Seattle,
Wash., for the Schafer Brothers Company.
Mr. R. W. Maxwell, of Seattle, Wash., for the Donovan Company,
the Bay City Company, the Grays Harbor Company, and the Ander-
son & Middleton Company.
Mr. William B. Barton, of counsel to the Board.
1 The correct name is Sawmill and Timber Workers' Union, Local No. 2, I. W. A.
10 N. L. R. B., No. 49.
634
DECISIONS AND ORDERS
DECISION
AND
DIRECTION OF ELECTIONS
635
- STATEMENT OF THE CASE
On April 14, 18, and 27, 1938, Sawmill and Timber Workers'
Union, Local No. 2, I. W. A., herein called Local No. 2, filed separate
petitions with the Regional Director for the Nineteenth Region
(Seattle, Washington) each alleging that a question affecting com-
merce had arisen concerning the representation of employees of the
'company named in the petition, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. The
companies named in the petitions are, respectively, Donovan Lumber
Company, Bay City Lumber Company, Schafer Brothers Logging
Company, and Anderson & Middleton Lumber Company. On April
-18, 1938, Local No. 2888, Lumber and Sawmill Workers' Union,
herein called Local No. 2888, filed a similitr petition concerning the
representation of employees of Grays Harbor Lumber Company.
On June 25, 1938, the National Labor Relations Board, herein called
the' Board, acting pursuant to Section 9 (c) of the Act, and Article
III, Section 3, and Section 10 (c) (2), of National Labor Relations
Board Rules and Regulations-Series 1, as amended, ordered an
investigation in each case and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice,
and further ordered that, for purposes of hearing, the cases be con-
solidated and that one record of the hearing be made.
On June 25, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon each of the companies,
upon Local No. 2, and upon Local No. 2888. Copies of the notice of
-hearing. were also duly served upon Locals No. 2762, No. 2778, No.
2782, and No. 2783, respectively, of Lumber and Sawmill Workers'
Union, labor organizations claiming to represent employees directly
affected by the investigation. Pursuant to the notice, a hearing was
held on July 7, 8, 11, 12, and 13, 1938, before Jesse E. Jacobson, the
Trial Examiner duly- designated by the Board. The Board, each
company, and each of the unions 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. Each case was heard
separately, but the testimony of each witness at the hearing was by
agreement of the parties applied to all the cases unless limited by
ruling of the Trial Examiner to the one case in which the witness
636 NATIONAL LABOR RELATIONS BOARD
testified. During the course of the hearing the Trial Examiner made
numerous 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 cases, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Donovan Lumber Company, herein called the Donovan Company,
is a Washington corporation engaged in the manufacture of lumber
and lath. It operates two mills one of which, known as Mill No. 2,
is located on the Chehalis River at Hoquiam and the other, known as
Mill No. 1, is located on the opposite side of the river about 2 miles
from Mill No. 2. The company also maintains offices in Los Angeles
and San Francisco, California. Sales of products from Mill No. 2
in 1937 were in excess of $600,000, and over 78 per cent of such prod-
ucts were shipped outside the State of Washington. Sales from Mill
No. 1 in the same year were approximately, $300,000 in amount; over
75 per cent of such sales were shipped outside the State of Washing-
ton. Mill No. 1 has been closed since July 9, 1937, and Mill No. 2 since
October 20, 1937.
Bay City Lumber Company, herein called the Bay City Company,
a Washington corporation, owns and operates a lumber mill in the
city of Aberdeen, Washington. In 1937 it produced lumber valued
at $1,745,036, approximately 95 per cent of which was shipped outside
the State of Washington. The Bay City Company ceased operations
on November 3, 1937, except for the planing mill which has since
operated intermittently.
Schafer Brothers Logging Company, herein called the Schafer
Brothers Company, is a Washington corporation engaged in the op-
eration of a sawmill at Aberdeen, Washington. It also, operates a
shingle mill, logging camps and railroad, tugboats, and through a
corporate subsidiary a fleet of steam lumber schooners. During the
past 3 years the company has produced and sold 128,767,684 board
feet of lumber of which 92 per cent were shipped outside the State
of Washington. The company has produced no lumber since October
1937, at which time its mill employed 250 men. Each of the two
logging camps in operation when mill production ceased was employ-
ing approximately 100 men. A third and new camp, likewise to em-
ploy about 100 men, will be opened whenever operations are con-
tinued. On its railroad the company normally employs 20 men in
its train crew, 20 in its shop, 20 in its construction crew, and 25 in
its section gang.
DECISIONS AND ORDERS 637
Grays Harbor Lumber Company, herein called the Grays Harbor,
Company, is a Washington corporation engaged in the operation of a
lumber mill at Hoquiam, Washington. In 1937 it manufactured and
sold approximately 70,000,000 feet of lumber, more than 70 per cent
of which were shipped to purchasers outside the State of Washington.
The mill ceased operations on July 23,,1937, but resumed again from
March 23 to May 4, 1938.
Anderson & Middleton Lumber Company, herein called the Ander-
son & Middleton Company, is a Washington corporation. It manu-
factures and sells lumber, having its plant and principal place of
business at Aberdeen, Washington. Gross sales in 1937 were approxi-
mately $1,100,000 in amount, about 71 per cent of which were made
outside the State of Washington. The plant has not operated since
November 17, 1937.
II. THE ORGANIZATIONS INVOLVED
Sawmill and Timber Workers' Union, Local No. 2, is a labor or-
ganization affiliated with International Woodworkers of America,
which is in turn. affiliated with the Committee for Industrial Organi-
zation. It admits to membership all production and maintenance
employees in logging camps and lumber mills not only of the com-
panies here involved, but throughout the Grays Harbor District, a
lumber district located in and near Grays Harbor County in
Washington.
Locals Nos. 2762, 2778, 2782, 2783, and 2888, Lumber and Sawmill
Workers' Union, herein called Local No. 2762, Local No. 2778, Local
No. 2782, Local No. 2783, and Local No. 2888, respectively, are labor
organizations , each affiliated with United Brotherhood of Carpen-
ters and Joiners of America and in turn with the American Federa-
tion of Labor. These locals admit to their respective memberships
production and maintenance employees of the following respective
mills :
Local No. 2762 The Donovan Company Mill No. 2
Local No. 2778 The Anderson & Middleton Company Mill
Local No. 2782 The Schafer Brothers Company Mill
Local No. 2783 The Bay City Company Mill
Local No. 2888 The Grays Harbor Company Mill
III. THE QUESTION CONCERNING REPRESENTATION
Local No. 2 came into existence in the summer of 1937 when the
membership of the then existing Local No. 2639, affiliated with the
Brotherhood of Carpenters and Joiners of America and with the
American Federation of Labor, voted to affiliate with the Committee
638 NATIONAL LABOR RELATIONS BOARD
for Industrial Organization, and was chartered by that organization
as Sawmill and Timber Workers' Union, Local No. 2, of Inter-
national Woodworkers of America. Local No. 2 has at all times
since it was chartered been demanding recognition from each of the
companies represented in this consolidated proceeding, but none of
the companies has granted such recognition. By March 1938,
Locals Nos. 2762, 2778, 2782, 2783, and 2888 were organized. Each
of these respective locals claimed majority representation of the mill
employees in the company where it was organized and has likewise
demanded recognition. Local No. 2 further claimed representation
of the logging-camp employees of the Schafer Brothers. Local No.
2782, however, made no claim to membership except among the mill
employees of this company.
We find that a question has arisen concerning representation of the
employees of each of the companies.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find as to each of the companies in, these proceedings that the
question concerning representation which has arisen, occurring in
connection with its operations described in Section I above, has a
close, intimate, and substantial relation to trade, traffic, and com-
merce among the several States, and tends to lead to labor disputes
burdening and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Donovan Company. Local No. 2 claims that the appropriate
unit should include all the production and maintenance employees of
Mill No. 1 and Mill No. 2, except office and supervisory employees.
Local No. 2762, however, contends that such employees in Mill No.
2, alone, constitute an appropriate unit. In support of its conten-
tion, Local No. 2762 avers that it has confined its organizational
activities to this mill and that when the Donovan Company resumes
business it is probable that only this mill, which is the larger and
more modern, will be operated and that Mill No. 1 will be abandoned.
The record, however, supports the claim of Local No. 2. The two
mills have heretofore constituted a single unit of the Donovan Com-
pany's business and have both been under the supervision of the
same superintendent. The operations have been almost identical in
both and have for the most part utilized the services of the same
classes of employees. Generally the same wage scales and working
conditions have obtained in both mills, and there is' some evidence
that employees have been transferred from one mill to the other.
Furthermore, the predecessor of Local No. 2 has bargained for the
DECISIONS AND ORDERS 639
employees of both mills as a single group. Whether Mill No. 1 will
be abandoned depends entirely upon future business conditions which
cannot be forecast accurately at the present time. In any event,
the record shows that should Mill No. 1 remain closed, it is the in-
tention of the Donovan Company to recruit any additional employees
it may require for the operation of Mill No. 2, from the employees
of Mill No. 1. Under the circumstances, the same working condi-
tions and operations which have prevailed at both mills together
with the past history of collective bargaining with the employer can-
not be ignored because of a contingency which may never develop.
Neither of the unions has attempted to define the classes of super-
visory employees it desires to exclude. We shall, therefore, exclude
from the appropriate unit all foremen as well as supervisory em-
ployees of higher rank. The record shows that certain workers in
the mills are employees of independent contractors of the Donovan
Company. Such employees will also be excluded.2
We find that the production and maintenance employees in Mill
No. 1 and Mill No. 2 of the Donovan Company, excluding foremen
and supervisory employees of higher rank, clerical employees, and
employees of independent contractors operating in the mills, con-
stitute a unit appropriate for the 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.
The Bay City Company. In its petition, Local No. 2 alleges that
"all production and maintenance employees of company' s sawmill and
planing mill in Aberdeen, Washington, except superintendents, fore-
men, and office employees" constitute an appropriate unit. Local
No. 2783 does not deny the appropriateness of this unit. How-
ever, at the hearing there was testimony on behalf of Local No. 2
that two foremen belong to that union and that "there is nothing
ever brought up in the union whereby they couldn't belong." There
was also testimony by Local No. 2 that certain foremen were on the
membership roll of Local No. 2783. It is apparent, therefore, that
both unions would include some foremen in the appropriate unit.
Neither union, however, defined the criterion by which it included
certain foremen and excluded others. Under the circumstances, and
in the absence of evidence with respect to any definite practice
adopted by the unions, we will be guided by the language of the peti-
tion and exclude- all foremen from the appropriate unit. Employees
of independent contractors working in the mill will likewise be
excluded from the unit. -
2 See platter of Red River Lumber Company and Lumber and Sawmill Workers Union
Local No. 53 of International Woodworkers of America, 5 N L. R. B 663. - - - - -
640 NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees of the
Bay City Company, excluding foremen and supervisory employees
of higher rank, clerical employees , and employees of independent
contractors operating in the mill , constitute a unit appropriate for
the purposes of collective bargaining and that said unit will insure
to employees of the Bay City Company the full benefit of their
right to self -organization and collective bargaining and otherwise
effectuate the policies of the Act.
The Schafer Brothers Company . In its petition , as amended,
Local No. 2 alleges the appropriate unit to consist of "all produc-
tion and maintenance employees of Schafer Brothers Mill No. 4,
and all logging operation employees of the company, and all em-
ployees of the company's logging railroad with the exception of
superintendents, foremen, and office employees." At the hearing,
neither Local No. 2 nor Local No. 2782 made any claim to boom men,
tugboat operators , shingle weavers , and timber cruisers , who, un-
disputed evidence showed, have their own labor organizations.
Local No. 2782 , however, maintains that such employees in the
mill should constitute an appropriate unit. In support of its con-
tention Local No. 2782 points to the following factors which it alleges
would make collective bargaining on behalf of both groups of em-
ployees as a single unit ineffectual : Mill operations are entirely dif-
ferent from logging operations . Employees in the mill and logging
camps are engaged in different types of work and employees are sel-
dom transferred between these two divisions that comprise the busi-
ness of the Schafer Brothers Company. The mill is geographically
separated from the camps and is under the supervision of a separate
superintendent ; a separate seniority policy obtains for the employees
in each group . Furthermore it is alleged that industrial disputes
which affect one group of employees seldom affect the other.
Under an industrial form of union organization , however, there
is no reason why the employees of the logging camps and the em-
ployees of the mill cannot constitute a single appropriate unit
despite the differences in their conditions of work. Both unions
here involved are industrial in scope. Local No. 2 admits to mem-
bership the numerous different crafts in both the sawmill and the
logging camps , and Local 2782 admits to membership the various
crafts within the sawmill . Indeed, we have been called upon to
consider the same problem where other locals of the same parent
labor organizations have taken substantially the reverse positions
from those of their related locals in the instant case . In Matter
of Snoqualmie Falls Lumber Company and International Wood-
workers of America, Local No. 106,3 Local No. 2545 of Lumber and
8 10 N L R. B 395.
DECISIONS AND ORDERS 641
Sawmill Workers' Union urged the adoption of a unit consisting
of the employees of both a mill and logging camp, whereas Local
No. 106 of International Woodworkers of America contended for a
unit consisting solely of logging-camp employees. Under the cir-
cumstances, the division of an industrial unit, which the operations,
of the Schafer, Brothers Company comprises, into two separate units
cannot be justified on the basis of functional and geographical dif-
ferences which prevail in the company's operations and which are
reflected in the duties of the various employees.'
We find that the production and maintenance employees in the
sawmill and the logging employees in the logging camps, including
the logging railroad employees of the Schafer Brothers Company,
but excluding foremen and supervisory employees of higher rank,
clerical employees, boom men, tugboat operators, shingle weavers,
and timber cruisers, constitute a unit appropriate for the purposes
of collective bargaining and that said unit will insure to employees
of the Schafer Brothers Company the full benefit of their right
to self-organization and to collective bargaining and otherwise effec-
tuate the policies of the Act.
The Grays Harbor Cor2panuy. In its petition Local No. 2888 refers
to "all production and maintenance employees of company's saw-
mill and planing mill and shipping shed, except foremen, superin-
tendents, and office employees" as an appropriate unit. Local No. 2
did not take issue with the foregoing allegation. There was testi-
mony on behalf of both unions that it had at times been the practice
of the unions to admit foremen to membership. However, there
was no definite testimony regarding the basis on which they have
been admitted or excluded. Furthermore, there was some testimony
which indicates that no foremen are at present members of either
union. Under such circumstances the allegations of the petition
that foremen should be excluded from the unit will be accepted.
We find that the production and maintenance employees of the
company, excluding clerical workers, foremen, and supervisory em-
ployees of higher rank, constitute a unit appropriate for the 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 bargaining and otherwise effectuate the policies of
the Act.
The Anderson cf; Middleton Company. In its petition Local No.
2 refers to "production and maintenance employees of the Company's
sawmill and planer mill at Aberdeen, Washington, with the excep-
tion of foremen, superintendents and office employees" as an appro-
d see Matter of Bloedel-Donovan Lumber Mills and Columbia Valley Lumber Interna-
tional Woodworkers of America, 8 N. L R, B. 230.
642 NATIONAL LABOR RELATIONS BOARD
priate unit. Local No. 2778 took no exception to this allegation.
There _was evidence that employees in the lath mill, the filing de-
partment, and the dry-kiln department are not employees of the
company, but work for independent contractors. There was also
evidence that the tally men are not employees of the company, but
are employees of a bureau apparently having the relationship of an
independent contractor with the Anderson & Middleton Company.
We shall follow our determination reached with respect to the other
companies considered herein and shall exclude all such from the
appropriate unit.
We find that the production and maintenance employees of the
Anderson & Middleton Company, excluding foremen and super-
visory employees of higher rank, clerical employees, and employees
of independent contractors operating in the mill, constitute a unit
appropriate for the 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 bargaining and otherwise
.effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Donovan Company. Mill No. 1 has not been operated since
July 9, 1937, when it had approximately 170 employees in the ap-
propriate unit on the pay roll. Mill No. 2 has not been operated
since October 20, 1937, when it had approximately 192 employees in
the appropriate unit on the pay roll. At the hearing Local No. 2
introduced in. evidence 171 applications for membership allegedly
signed by the employees in Mill No. 2 during the latter part of 1937
and 113 such applications from employees of the same mill allegedly
signed during 1938, the latter being for the most part duplications
of the applications obtained in 1937. This union also introduced
83 applications allegedly signed by employees of Mill No. 1 during
1938. Local No. 2762 on the other hand introduced in evidence a
list of 119 applications allegedly signed by employees of Mill No. 2
during 1938 and a document containing 97 signatures designating
Local No. 2762 as the collective bargaining agent of the employees
of Mill No. 2. Local No. 2762 made no claim to membership among
the employees of Mill No. 1. The genuineness of the signatures of the
foregoing membership lists and applications, however, was not
established at the hearing. Each union, moreover, questioned the
membership claims made by the other.
In view of these facts, we believe that the question concerning
representation can best be resolved by an election by secret ballot.
Those eligible to vote will consist of employees in the appropriate
unit who were on the pay rolls of the two mills on the respective
DECISIONS AND ORDERS 643
dates they ceased operations, July 9, 1937, in the case of Mill No. 1,
and October 20, 1937, in the case of Mill No. 2. To allow for the
possibility that this company has resumed operations since the date
,of the hearing we shall also exclude from participation in the elec-
tion, those employees who have since quit or been discharged for
cause.
The Bay City Company. The mill of the Bay City Company has
not operated since November 3, 1937, when there were approximately
S31 employees in the appropriate unit on the pay roll. Local No. 2
introduced in evidence 330 applications for membership allegedly
signed by such employees of the company during the latter part of
1937, and a list of 178 applications allegedly signed between March
and July 1938, and referred to as recertifications. The latter list
largely duplicates names on the applications. Local No. 2783 intro-
duced in evidence 200 applications dated in March and April 1938,
and a document containing 143 signatures designating Local No.
2783 as the collecting bargaining agent of the signers. It is impossible,
however, to resolve from,an examination of the membership claims
made by the opposing unions the question of majority representation.
Examination of the opposing claims shows that there are, over 50
duplications of names. We will, therefore, resolve the question of
representation by directing that an election by secret ballot be held.
All employees in the appropriate unit on the pay roll November 3,
1937, at the time the mill ceased operations, shall be eligible to vote
in the election. To allow for the possibility that this company has
resumed operations since the date of the hearing we shall also exclude
from participation in the election, those who have since quit or been
discharged for cause.
The Schafer Brothers Company. The Schafer Brothers Company
has not operated since October 1937. At that time, from the pay-roll
lists submitted in evidence, it appears that it employed 792 employees
at its sawmill, logging camps and railroad. It is impossible to de-
termine from these lists the number of such employees who are
included within the appropriate unit .5
. Local No. 2 introduced in evidence 228 membership application
cards which according to testimony were obtained from mill em-
ployees between August 1937 and January 1938. It further intro-
duced as recertifications of previous memberships a list of 132 signed
applications which were obtained between March 1938 and the date
of the hearing. Local No. 2 also introduced in evidence 337 signed ap-
plication cards of logging and railroad employees obtained between
August 1937 and January 1938, and 206 recertification cards obtained
6 The lists do not indicate the number of employees who are foremen and supervisory
employees of higher rank.
644 NATIONAL LABOR RELATIONS BOARD
from the same group between March 1938 and the date of the hearing.
Opposing the foregoing claims, Local No. 2782 introduced 155 mem-
bership application cards obtained from the mill employees mostly in
March 1938 , but some few at later dates . Local No. 2782 made no
claim to membership among the logging-camp employees.
With respect to the membership claims among the mill employees
there are at least 116 duplications of names in the membership lists
of the opposing unions. With respect to the membership claims of
Local No. 2 among the logging camp and railroad employees, there
are more than 75 names that do not appear in the company 's list of
employees and more than 40 names of employees who according to
the testimony were working on emergency operations and would
likely not be rehired when the company resumed operations.
Under all the circumstances the question concerning representa-
tion of the sawmill and logging camp and railroad employees must
be resolved by the conduct of an election by secret ballot. Those
eligible to vote will be employees whose names were on the pay roll
on the date the company ceased operations in October 1937. To
allow for the possibility that this company has resumed operations
since the date of the hearing we shall also exclude from participa-
tion in the election , those employees who have since quit or been
discharged for cause.
The Grays Harbor Company. The Grays Harbor Company's mill
operated from March 23 to May 4 in 1938, and has not operated
since the latter date , when it had approximately 321 employees in
the appropriate unit on the pay roll. Local No. 2, in support of its
claim to majority representation of such employees , submitted in
evidence 236 signed applications obtained between August 1937 and
January 1938, and 91 recertifications of membership mostly dated in
March 1938. It also offered evidence of a vote by employees of the
mill on March 16, 1938 , in favor of affiliation with the Committee for
Industrial Organization by a majority of 154 to 114. On the other
hand, Local No. 2888 offered in evidence a list of 229 membership
applications obtained mostly in March 1938, and a document with
227 signatures, obtained about the time of the applications, designat-
ing Local No. 2888 as the collective bargaining agent for the signers.
Because of numerous duplications in the names on the lists of the
opposing unions , it is impossible to determine without an election
which union has a majority . Since membership claims were based
on the pay roll as of the date the mill last operated , May 4, 1938, and
no other date was suggested as a basis for eligibility , all employees
in the appropriate unit on the pay roll at that date shall be eligible
to vote in the election . To allow for the possibility that this company
has resumed operations since the date of the hearing we shall also
DECISION'S AND ORDERS 645
exclude from participation in the election, those employees who have
since quit or been discharged for cause.
The Anderson c6 Middleton Company. The Anderson & Middle-
ton Company mill has not operated since-November 17, 1937, when it,
had approximately 300 employees in the appropriate unit on the pay
roll. Local No. 2 introduced into evidence 264 signed applications.
for membership obtained between August 1937 and January 1938,
and 130 signed recertifications of membership, obtained between Feb-
ruary 1938 and the date of the hearing. Opposing Local No. 2's-
membership claims, Local No. 2778 submitted in evidence 185 applica--
tions for membership obtained during the latter part of 1937 and a
document with 227 signatures obtained in 1938 designating Local No..
2778 as the collective bargaining agent for the signers. Examination-
of the names on the membership rolls of the opposing unions reveals
108 cases of duplications of names and more than 30 other instances,
of probable duplication. Under such circumstances we believe that
the question concerning representation can best be resolved by an-
election by secret ballot. Employees eligible to vote will be those in,
the appropriate unit on the pay roll of November 17, 1937, when the-
sawmill ceased operations. To allow for the possibility that this
company has resumed operations since the date of the hearing we
shall also exclude from participation in the election, 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. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Donovan Lumber Company, Bay City
Lumber Company, Schafer Brothers Logging Company, Grays Har-
bor Lumber Company, and Anderson & Middleton Lumber Company,
within the' meaning of Section 9 (c) and Section 2 (6) and (7) of the,
National Labor Relations Act.
2. All production and maintenance employees of Donovan Lum-
ber Company's Mill No. 1 and Mill No. 2, excluding clerical em-
ployees, foremen, and supervisory employees of higher rank, and
employees of independent contractors operating in the mills, con--
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations:
Act.
3. All production and maintenance employees of Bay City Lumber
Company, excluding clerical employees, foremen and supervisory em-
ployees of higher rank, and employees of independent contractors.
147841-39-vol 10--42
646 NATIONAL LABOR RELATIONS BOARD
operating in the mill, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
4. All production and maintenance employees of Schafer Brothers
Logging Company in the sawmill and the logging camps, including
the logging railroad employees, but excluding foremen and super-
visory employees of higher rank, clerical employees, boom men, tug-
boat operators, shingle weavers, and timber cruisers, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
5. All production and maintenance employees of Grays Harbor
Lumber Company, excluding clerical employees, foremen, and super-
visory employees of higher rank constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Sec-
tion 9 (b) of the National Labor Relations Act.
6. All production and maintenance employees of Anderson & Mid-
dleton Lumber Company, excluding clerical employees, foremen and
supervisory employees of higher rank, and employees of independent
contractors operating in the mill, 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 ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, 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
Donovan Lumber Company, an election by secret ballot shall be
conducted within 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 the production and maintenance
employees of Donovan Lumber Company in its Mills Nos. 1 and 2
on the pay roll in Mill No. 1 on July 9, 1937, and on the pay roll
in Mill No. 2 on October 20, 1937, excluding clerical employees, for
and supervisory employees of higher rank, employees of inde-
pendent contractors operating in the mills, and those who have since
quit or been discharged for cause, to determine whether they desire
to be represented by Local No. 2, Sawmill and Timber Workers'
DECISIONS AND ORDERS 647
Union, International Woodworkers of America, affiliated with the
•Committee for Industrial Organization, or by Local No. 2762, Lum-
ber and Sawmill Workers' Union, United Brotherhood of Carpen-
ters and Joiners of America, affiliated with the American Federation
of Labor, for the purpose of collective bargaining, or by neither;
and it is
FURTHER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargaining with
Bay City Lumber Company, an election by secret ballot shall be con-
ducted within thirty (30) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Nine-
teenth 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 the production and maintenance employees
of Bay City Lumber Company on its pay roll on November 11, 1937, ex-
cluding clerical employees, foremen and supervisory employees of
higher rank, employees of independent contractors operating in the
mill and those who have since quit or been discharged for cause, to
determine whether they desire to be represented by Local No. 2, Saw-
mill and Timber Workers' Union, International Woodworkers of
America, affiliated with the Committee for Industrial Organization, or
by Local No. 2783, Lumber and Sawmill Workers' Union, United
Brotherhood of Carpenters and Joiners of America, affiliated with the
American Federation of Labor, for the purpose of collective bargain-
ing, or by neither; and it is
FURTHER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for the purposes of collective
bargaining with Schafer Brothers Logging Company, an election by
secret ballot shall be conducted within 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, Sec-
tion 9, of said Rules and Regulations, among the production and
maintenance employees of Schafer Brothers Logging Company in its
sawmill No. 4 and among the employees in its logging camps including
the logging railroad employees on its pay roll of October 1937, but
excluding clerical employees, foremen, and supervisory employees of
higher rank, boom men, tugboat operators, shingle weavers, timber
cruisers, and those who have since quit or been discharged for cause
to determine whether they desire to be represented by Local No. 2,
Sawmill and Timber Workers' Union, International Woodworkers of
America, affiliated with the Committee for Industrial Organization,
or by Local No. 2782, Lumber and Sawmill Workers' Union, United
Brotherhood of Carpenters and Joiners of America, affiliated with the
648 NATIONAL LABOR RELATIONS BOARD
American Federation of Labor, for the purposes of collective bargain-
ing, or by neither; and it is
FURTHER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargaining with
Grays Harbor Lumber Company, an election by secret ballot shall be
conducted within 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 the production and maintenance
employees of Grays Harbor Lumber Company on its pay roll of May
4, 1938, in its plant at Hoquiam, Washington, excluding clerical em-
ployees, foremen, and supervisory employees of higher rank, and
excluding those who have since quit or been discharged for cause, to
determine whether they desire to be represented by Local No. 2888,
Lumber and Sawmill Workers' Union, United Brotherhood of Car-
penters and Joiners of America, affiliated with the American Federa-
tion of Labor,- or by Local No. 2, Sawmill and Timber Workers'
Union, International Woodworkers of America, affiliated with the
Committee for Industrial Organization, for the purposes of collective
bargaining, or by neither; and it is
FuRTIIER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargaining with
Anderson & Middleton Lumber Company, an election by secret ballot
shall be conducted within thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor 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 the production and mainte-
nance employees of Anderson & Middleton Lumber Company on its
pay roll of November 17, 1937, in its mill at Aberdeen, Washington,
excluding clerical employees, foremen and supervisory employees of
higher rank, employees of all independent contractors working in the
plant, and those who have since quit or been discharged for cause, to
determine whether they desire to be represented by Local No. 2, Saw-
mill and Timber Workers' Union, International Woodworkers of
America, affiliated with the Committee for Industrial Organization,
or by Local No. 2778, Lumber and Sawmill Workers' Union, United
Brotherhood of Carpenters and Joiners of America, affiliated with the
American Federation of Labor, for the purposes of collective bar-
gaining, or by neither.
DECISIONS AND ORDERS 649
[SADIE TITLE]
SUPPLEMENTAL DECISION
AND
AMENDMENT TO DIRECTION OF ELECTIONS
January 5, 1939
On December 14, 1938, the National Labor Relations Board, here-
in called the Board, issued its Decision and Direction of Elections
in the above-entitled proceeding. The Direction of Elections provided
for separate elections among certain employees of Donovan Lumber
Company, Bay City Lumber Company, Schafer Brothers Logging
Company, Grays Harbor Lumber Company, and Anderson & Middle-
ton Lumber Company, respectively.
On December 27, 1938, Locals No. 2762, 2783, 2782, 2888, and 2778
of the Lumber and Sawmill Workers Union, separately filed excep-
tions to the foregoing Decision and-Direction of-Elections, and, peti-
tioned that certain amendments hereinafter discussed be made. On
December 30, 1938, Sawmill and Timber Workers' Union, Local No.
2, filed a motion that certain amendments be made in said Decision
and Direction of Elections.
The Board in the respective cases directing elections among the
employees of Donovan Lumber Company, Bay City Lumber Com-,
pany, and Anderson R Middleton Lumber Company excluded from
those eligible to vote the employees of independent contractors work-
ing for these companies. To the exclusion of such employees the labor
organizations involved object. It is apparent, however, that the work
of these employees is not controlled or supervised by the respective
companies. We accordingly find no merit in the foregoing contention
of the Unions.2 The Direction of Elections did not provide for the
exclusion of such employees in the case of Schafer Brothers Logging
Company. Because it appears that employees in the lath mill of that
company work under an independent contractor, we will amend the
Direction of Elections to exclude such employees from those eligible
to vote.
In the case dealing with employees of Donovan Lumber Company
the Board included in the same unit the employees working in two
different sawmills, known as Mill No. 1 and Mill No. 2, respectively,
of that company, and in the case dealing with employees of Schafer
Brothers Logging Company the Board included in the same unit both
sawmill employees and logging-camp employees. Local No. 2762 of
the Lumber and Sawmill Workers Union in the case of the Donovan
8 See Matter of Union Lumber Company and Lumber G Sawmill Workers Union Local
2826, 7 N. L. R. B . 1094, 1096.
650 NATIONAL LABOR RELATIONS -BOARD
Lumber Company and Local No. 2782 of that Union in the case of the
Schafer Brothers Logging Company in their respective exceptions and
petitions have objected to the foregoing units as determined by the
Board. Neither of these locals presents any arguments that warrant
a deviation from the foregoing appropriate units as already deter-
mined. We therefore deny the foregoing requests to make changes
in those respective units.
Locals No. 2783 and No. 2778, respectively, of the Lumber and Saw-
mill Workers Union in the exceptions and petitions filed by them have
requested the Board to select more recent pay-roll dates by which to
determine eligibility of employees of Bay City Lumber Company and
Anderson % Middleton Lumber Company to vote, and Local No. 2
of the Sawmill and Timber Workers' Union in the motion filed
by it has requested that a different pay-roll date be used in the case
of Grays Harbor Lumber Company employees. After consideration
of these proposed changes.in pay-roll.dates we are of the opinion that
our original determination should not be altered. The foregoing re-
quests for changes therein are hereby denied.
The Direction of Elections in the case of Bay City Lumber Com-
pany provides that employees on the pay roll on November 11, 1937,
shall be eligible to vote. The findings of fact show that the date se-
lected was that on which the company ceased operations. Both the
record and the findings of fact disclose that the date on which the
Company ceased operations was November 3, 1937. The Direction of
Elections will be amended accordingly.
The Direction of Elections in the case of -Schafer Brothers Logging
Company makes eligible to vote certain employees on the pay roll in
October 1937. We will amend that provision by providing that those
on the pay roll on the date operations ceased in October 1937 shall be
eligible to vote.
A question has arisen regarding the votes of employees whose
names are on more than one pay roll. Some employees appear to have
worked for one company until its operations ceased and thereafter to
have worked-for a second company until its operations also ceased.
In such instances the employee shall be eligible to vote only as an
employee of the Company which first ceased operations.
Each Direction of Elections provided for an election by secret bal-
lot within thirty (30) days from the date of the Direction. At the
request of the Regional Director we shall extend the time within which
the elections may be held.
AMENDMENT TO DIRECTION OF ELECTIONS
The Board hereby amends its Direction of Elections in the above-
entitled matter by striking from that portion thereof which directs an
election among employees on the pay roll of "November 11, 1937"
DECISIONS AND ORDERS 651
of Bay City Lumber Company, and substituting therefor the date
"November 3, 1937"; and
Further amends its Direction of Elections by striking therefrom
the words "employees on its pay roll of October 1937, but excluding
clerical employees , foremen, and supervisory employees of higher
rank, boom men, tugboat operators , shingle weavers , timber cruisers,
and those who have since quit or been discharged for cause ," which
appear in the paragraph of the Direction of Elections in the case of
Schafer Brothers Logging Company, and substituting therefor the
words, "employees on its pay roll on the date operations ceased in
October 1937 , but excluding clerical employees , foremen and super-
visory employees of higher rank, boom men, tugboat operators,
shingle weavers, timber cruisers , lath mill employees , and those who
have since quit or been discharged for cause ;" and
Further amends its Direction of Elections by striking therefrom
the words, an election by secret ballot shall be conducted within
thirty ( 30) days from the date of this Direction ," whenever such
words occur and substituting therefor the words , "an election by
secret ballot shall be conducted within forty (40) -days from the
date of this Direction."
10 N. L. R B., No. 49a.