Elliott Bay Mill Co.

National Labor Relations Board - Board DecisionsMar 13, 1940

21 N.L.R.B. 564 (N.L.R.B. 1940)

In the Matter of ELLIOTT BAY 'MILL COMPANY and PLYWOOD & VENEER WORKERS UNION LOCAL #26, C. I. O. AFFILIATE, AND PLYWOOD & VENEER WORKERS UNION, LOCAL 2618, CHARTERED BY THE UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR 1 Case No. RE-5.-Decided March 13, 1940 Lumber Industry-Investigation , of Representatives : controversy concerning representation of employees : prior certification in unit composed of employees of Company and subsidiary company ; petition by Company following conflict- ing claims by rival organizations to right of representing Company's em- ployees-Unit Appropriate for Collective Bargaining : all employees of Company, excluding supervisory and clerical employees and watchmen ; dispute as to watchmen-Representatives : stipulation as to substantial membership by each organization ; certification on record not requested-Election Ordered Mr. Patrick H. Walker, for the Board. Mr. Robert B. Walkinshaw, of Seattle, Wash., for the Company. Mr. Perry R. Gershon, of Seattle, Wash., for Local 26. Mr. L. Presley Gill, of Seattle, Nash., for Local 2618. Mr. Wallace Cooper, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 4, 1939, Elliott Bay Mill Company, Seattle, Washing- ton, herein called the Company, 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 the Company, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the I Local 2618 was named in the petition as "Plywood & Veneer Workers Union # 2618, A F. of L. affiliate " At the hearing, the petition and all pleadings were amended so that its name would appear therein as "Plywood & Veneer Workers Union , Local 2618, char- tered by the United Brotherhood of Carpenters & Joiners of America, affiliated with the American Federation of Labor." 21 N. L. R B., No. 53 564 ELLIOTT BAY MILL COMPANY 565 Act. On January 9, 1940, 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, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appro- priate hearing upon due notice. On January 13, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and upon Plywood & Veneer Workers Union Local #26, C. I. O. affiliate, herein called Local 26, and Plywood & Veneer Workers Union, Local 2618, chartered by the United Brotherhood of Carpenters & Joiners of Amer- ica, affiliated with the American Federation of Labor, herein called Local 2618. Pursuant to notice, a hearing was held on January 25, 1940, at Seattle, Washington, before Patrick H. McNally, the Trial Ex- aminer duly designated by the Board. The Board, the Company, Local 26, and Local 2618 were represented by counsel and participated in the hearing.2 Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the commencement of the hearing, Local 26 moved for a continuance herein pending the Board's determination of an appeal by Local 26 from the refusal of the Regional Director to issue a complaint based on its charges against the Company.3 The Trial Examiner denied this motion. During the course of the hearing the Trial Examiner made several rulings on other motions and on ob- jections to the admission of evidence. The Board has reviewed all such 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 Elliott Bay Mill Company, a Washington corporation, with its mill and principal place of business in Seattle, Washington, is engaged in the manufacture of fir plywood. Its plant, the fifth largest of its kind in the United States, is valued at $500,000. It maintains branch offices in California, Illinois, Arizona, and New York City. 2 Counsel for Lumber & Sawmill Woikers Union Local 2519 appeared for the purpose of stating the view of Local 2519 on the appropriate unit , but declined to enter a general appearance . Local 2519 represents employees of Elliott Bay Lumber Company , a wholly owned subsidiary of the Company , but which is not involved in this proceeding. 30n January 5, 1940 , the Regional Director refused to issue a complaint against the Company in Case No. XIx-C-218. On January 15, 1940 , Local 26 appealed to the Board for a review of this action of the Regional Diiector. On February 23, 1940, the Board notified Local 26 that it had sustained the refusal of the Regional Director to issue a complaint 283032-41-vol 21-37 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The total sales of the Company during 1937 amounted to $1,500,000. During 1939 the total sales amounted to approximately $2,000,000. Approximately 90 per cent of the finished product is shipped to States other than the State of Washington and to Europe. The Company obtains practically all its raw materials in the State of-Washington. It employs approximately 345 persons at its Seattle mil1.4 II. THE ORGANIZATIONS INVOLVED Plywood & Veneer Workers Union Local #26 is a labor organization affiliated with the International Woodworkers of America, which in turn is affiliated with the Congress of Industrial Organizations. It admits to membership all production and maintenance employees of the Company, excluding office and supervisory employees and watch- men. Plywood & Veneer Workers Union, Local 2618, is a labor organiza- tion affiliated with the United Brotherhood of Carpenters & Joiners of America, which in turn is affiliated with the American Federation of Labor. It admits to membership all production and maintenance employees of the Company, including watchmen and subforemen, but excluding "so-called foremen of higher rank." III. THE QUESTION CONCERNING REPRESENTATION Pursuant to its Decision and Direction of Election 5 dated August 1, 1938, and its Supplemental Decision and Second Direction of Elec- tion 6 dated October 1, 1938, the Board on November 22, 1938, certified 7 Local 26 as the exclusive collective bargaining representative of all production and maintenance employees, excluding clerical and super- visory employees and watchmen, of the Company and of Elliott Bay Lumber Company," herein called the Lumber Company. On October 4, 1939, the Company filed its petition herein, alleging that Local 26 and Local 2618 had each presented to it conflicting claims that each represents a majority of its "production and maintenance employees except office personnel and supervisory employees of higher rank." At the hearing all parties stipulated that before, on, and after the date of 4 The above facts as to the Company 's business , except as to its 1939 sales, were found by the Board in Matter of Elliott Bay Lumber Company, Elliott Bay Mill Company and Plywood and Veneer Worker8 Union, Local No. 26, 8 N. L . R B. 753. Craig L. Spencer, president of the Company, testified that these previous findings of fact are accurate and that the Compan y 's business has since remained substantially the same. 5 Matter of Elliott Bay Lumber Company , Elliott Bay Mill Company and Plywood and Veneer Worker8 Union, Local No. 26, 8 N L R B 753 6 9 N I, R. B. 3. 79 N L R. B 6. BA Â«ho11y owned subsidiary of the Company engaged at Seattle , Washington, in the iemanufacture of lumber purchased principally from the Company and the sale of lumber at wholesale and retail. ELLIOTT BAY MILL COMPANY 567 the Company's petition, Local 26 and Local 2618 each demanded of the Company recognition as the "sole and exclusive bargaining agency"' of its employees. We find that a question has arisen concerning representation of em- ployees 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 rela- tion 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 At the hearing all parties stipulatedthat the appropriate unit should include all employees of the Company, excluding supervisory 9 and clerical employees and employees of the Lumber Company 10 In accordance with the wishes of all parties, we see no reason for not reducing the previously determined unit to a unit composed only of employees of the Company.-" The only controversy between the parties as to the unit is whether watchmen should be included or excluded.12 Local 26 does not admit watchmen to membership and desires their exclusion, while Local 2618 admits them to membership and desires their inclusion.13 The. 9 The parties stipulated to exclude from the unit the following foremen . Louis Rossie; Harry Beam ( or Beven ), Herbert Johnson , Fred Miller, Harry Holmes, Einar Fagerland, w H. Davies , Kenneth Wines, Cecil Van Geystel, Henry Van Geystel, Del Marcoe, and warren Carithers , and, the following subfoiemen William Hollinger , Seibert Kvalheim, Al Kitt, E M Steiger, Harry Clarstrom, B. Williamson , and "Louis Dudley or William, Hollinger , Jr." Since Hollinger , Jr, had replaced Dudley as subforeman and Dudley did not have any supervisory duties at the time of the hearing, we interpret the stipulation as- excluding Hollinger, Jr , but not Dud '.ey, from the unit so long as their duties remain, unchanged io Is stated in Section III, above , the Board , on November 22, 1938 , ceitified Local 2G as the exclusive representative of the employees of both the Company and the Lumber Company in a single unit However, neither Local 26 nor Local 2618 now admits to, membeiship employees of the Lumber Company, and Lumber & Sawmill Workers Locall 2519, which represents those employees, has no objection to this stipulation u See Matter of Hoffman Beverage Co. and Int Brotherhood of Firemen and Oileis;. Local No. 55, 8 N L R B 1367. 12 Jesse Tucker, Fred Lemay, and W. J Herring are employed as watchmen by the Com- pany Their duties are the ordinary v;atchmen's duties of protecting the Company' s prop- erty against fire, larceny, and trespass They here excluded from the unit by the Board's previous decision referred to in Section III, above, and their duties have not changedi since that decision Local .2618 now asserts, however, that our finding in that case that it excluded watchmen'trom membership was inaccurate and that our decision i clading; watchmen from the appropriate unit was, therefore , erroneou L4 Local 2618 does not now hat e any membership aniong the watchmen, but claims that they dropped theii nieniber,inp following the Board's previous decision 568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company prefers that they be excluded, as was done in our previous decision. We shall exclude the watchmen from the unit.' We find that all employees of the Company, excluding supervisory and clerical employees and watchmen, 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 At the hearing all parties stipulated that each of the unions in- volved herein has a substantial membership among the employees in the appropriate unit. It appears that both unions are agreeable to an election and we find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. Local 2618 and the Company desire that the election, if directed, be held as early as possible, whereas Local 26 desires that it be held not earlier than April 15, 1940. Since Local 26's reason for a delay of the election has been dissipated by the Board's action in sustaining the Regional Director's refusal to issue a complaint against the Com- pany,15 we see no reason for a postponement of the election. We shall follow our usual practice and direct that the employees of the Coin- pany eligible to vote in the election shall be those within the appro- priate unit during the pay-roll period immediately preceding the date of our Direction of Election herein. 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 Elliott Bay Mill Company, Seattle, Wash- ington, 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 at its Seattle, Washington, mill, excluding supervisory and clerical employees and watchmen, consti- tute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 14 Matter of Todd-Johnson Dry Docks Inc. and International Union of Marine and Ship- building Workers of America, Local No. 29, 18 N L. R. B. 973; Matter of F. B. Booth t Co, etc. and Monterey Bay Area Fish Workers Union No. 24, 10 N L. R. B. 1491; Matter of Armour & Co. and Amalgamated Meat Cutters and Butcher Workmen of North America, Local No. 235, 10 N. L. R. B. 912. 1 See footnote 3, above. ELLIOTT BAY MILL COMPANY DIRECTION OF ELECTION 569 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, 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 Elliott Bay Mill Company, Seattle, Washington, an election by secret ballot be conducted as early as possible but not later than thirty (30) days from the date of this Direction of Election, under the direction and supervision of the Regional Director for the Nine- teenth 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 employees of Elliott Bay Mill Company, Seattle, Washington, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, includ- ing employees who did not work during that period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding supervisory and clerical em- ployees and watchmen and those who shall have since quit or been discharged for cause, to determine whether they desire to be repre- sented by Plywood & Veneer Workers Union Local #26, C. I. O. affiliate, or by Plywood & Veneer Workers Union, Local 2618, char- tered by the United Brotherhood of Carpenters & Joiners of America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.