Double M Shake and Shingle Co.

National Labor Relations Board - Board Decisions

Mar 31, 1942

39 N.L.R.B. 1319 (N.L.R.B. 1942)

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In the Matter of DouiiLE M SHAKE AND SHINGLE COMPANY and LOCAi,
UNION,No. 5-246, AFFILIATED WITH TILE INTERNATIONAL WOOD-
WORKERS OF AMERICA, C. I. O.
Case No. R-348.5.--Decided Marich 31, 19.¢2
Jurisdiction : cedar'shingle manufacturing industry
Investigation and Certification of Representatives : existence of question. Com-
pany refused to accord union recognition until certified by the Board ; com-
peting organization which made no showing of designation although requested
to do so not accorded place on ballot; current pay roll to determine eligibil-
ity despite agreement of parties for an earlier pay roll; election necessary.
Unit Appropriate for Collective Bargaining : all, employees of the Company, ex-
cluding supervisory, office, and clerical employees, including employees who
did not work during such pay-roll period because they were ill or'on vaca-
tion or in the active military service or training of the United States, or
temporarily laid off.
Mr. Hale G. Thompson, of Eugene, Oreg., for the I. W. A.
Mr. Frank B. Reid, of Seattle, Wash., for the Council.
Calkins do Calkins, by Mr. S. M. Calkins, of Eugene, Oreg., for the
Company.
Mr. Robert C. Moore, of counsel to the Board.
DECISION-
AND
DIRECTION OF ELECTION
STATEMENT OF THE CA SE
On October 30, 1941, Local Union No. 5-246, affiliated with the
International Woodworkers of America, C. I. 0., 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 representation of employees of
Double M Shake and Shingle Company, Eugene, Oregon, herein
called the Company,, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Jan-
i Incoriectly designated in the petition and other formal papers as Double M Shingle Mill
Company At the hearing the parties stipulated to correct the petition to designate the
Company as above
39 N. L R B , No. 240
1319
1320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nary 15, 1942, the National Labor Relations Board, herein called
the Board, acting pursuant to 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.
On January 20, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the I. W. A., and upon Washington-Oregon Shingle Weavers Dis-
trict,Council, herein called the Council, a labor organization claiming
to represent employees directly affected by the investigation. Pur-'
suant to notice, a hearing was held on January 29, 1942, at Eugene,
Oregon, before Harry George, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company, the I. W. A., and the
Council were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues was afforded all
parties. During the hearing the I. W. A. moved to exclude the
Council from further participation therein on the ground that it had
presented no evidence of membership among employees of the Com-
pany. The Trial Examiner denied the motion. The Trial Exam-
iner reserved ruling on the Council's motion that the Board postpone
any election in this proceeding pending the disposition of certain
unfair labor practice charges. Since the charges referred to have
been disposed of, the motion at this time requires no ruling by the
Board.2 During the hearing the Trial Examiner made rulings on
other 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. 7IIE BUSINESS OF THE COMPANY
'Mac M. McLean, doing business under the name and style of
Double M Shake and Shingle Company, is engaged in the manu-
facture and sale of cedar shingles and operates a shingle mill near
Eugene, Oregon. During 1941, the Company produced shingles
having an approximate value of $60,000, of which 70 percent, by
'The charges, which were filed with the Regional Director on February 2, 1942, were
docketed as Case No XIX-C-1091 . On February 25, 1942 , the Regional Director, after
investigation , advised the Council that no complaint would be issued thereon Thereafter
the Council appealed to the Board , which sustained the action of the Regional Director
and so notified the Council on March 26, 1942
DOUBLE M SHAKE AND SHINGLE COMPANY 1321
value, was sold and shipped to points outside the State of Oregon.
The Company admits that it is engaged in commerce within the
meaning of the Act.
H. THE ORGANIZATIONS INVOLVED
Local Union No. 5-246, International Woodworkers of America,
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
Washington-Oregon Shingle Weavers District Council, is a labor
organization chartered by the United Brotherhood of Carpenters &
Joiners of America, affiliated with the American Federation, of Labor,,
,admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about October 28, 1941, the I. W. A. requested the Company
to recognize it as the exclusive representative of its employees. The
Company refused to accord such recognition until the I. W. A. had
been so certified by the Board. -
There was introduced in evidence at the hearing a statement by a
Field Examiner for the Board showing that the I. W. A. represents
a substantial number of the Company's- employees.3 Although re-
quested to do so, the Council presented no evidence of designation
as representative of any employees of the Company, and counsel for
the Council stated that it had no members among persons on the
November 6, 1941, pay roll of the Company.
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. THE APPROPRIATE UNIT
The parties stipulated, and we find, that all employees of the
Company, excluding supervisory, office, and clerical employees, con-
stitute a unit appropriate for the purposes of collective bargaining.
'The report states that the I, W A submitted 9 application cards, eight of which were
dated October 28, 1941, bearing apparently genuine signatures of persons listed on the
No%embei 0, 1941, pay roll of the Company, which contained a total of 10 names
1322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We further find that such unit will insure to employees of the Com-
pany the full benefit of their right to self -organization and to
collective bargaining and otherwise will effectuate the policies of
the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Although the I. W. A. seeks certification ' upon the record, we
are of the opinion that , in view of the lapse of time since the signing
of the I. W. A. applications for membership and the desirability of
securing a current expression of the wishes of employees , an election
by secret ballot should be held, and we shall so direct . As stated
above, the Council has made no showing of designation by employees
of the Company. Accordingly, we shall not accord the Council a
place on the ballot. While the parties were in agreement that, in
the event of an election , use of the pay roll of November 30, 1941,
to determine eligibility to vote would be satisfactory , we see no reason
for departing from our customary practice . We shall , therefore,
direct that the employees eligible to vote shall be those in the appro;
priate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONOLusioNs OF .LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Double M Shake and Shingle Company,
Eugene, Oregon, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. All employees of the Company , excluding supervisory , office,
and clerical 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
Relations 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Double M Shake and Shingle Company , Eugene, Oregon, an
election by secret ballot shall be conducted as early as possible, 'but
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DOUBLE M SHAKE AND SHINGLE COMPANY 1323
not later than 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 employees of the Company who were
employed during the pay=roll period immediately preceding the date
of this Direction, including employees who did not work during
such pay-roll period because they were ill or on vacation or in the
active military service or training of the United States, or tempo-
rarily laid off, but excluding supervisory , office, and clerical em-
ployees and those who have since quit or been discharged for cause,
to determine whether or not they desire to, be represented for the
purposes of collective bargaining by Local Union No. 5-246, Inter-
national Woodworkers of America, I. a
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