Exchange Lumber and Mfg. Co.

National Labor Relations Board - Board Decisions

Feb 24, 1938

5 N.L.R.B. 612 (N.L.R.B. 1938)

In the Matter of EXCHANGE LUMBER AND MFG. COMPANY and LUMBER
AND SAWMILL WORKERS UNION LOCAL 2552
Case No. R-698. -Decided February 04, 1938
Lumber and Millwork Industry-Settlement: stipulation as to unit and as
to union majority in unit-Certification: on basis of stipulation.
Mr. Patrick H. Walker, for the Board.
Mr. James A. Brown, for the Company.
Mr. 0. C. Branch, for the Union.
Mr. Martin Kurasch, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On June ' 14, 1937, Lumber and Sawmill Workers Union Local
2552, herein called the Union, filed with the Regional Director for
the Nineteenth Region -4Seattle, Washington) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Exchange Lumber and Mfg. Company,
Spokane, Washington, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On September 30, 1937, 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 in-
vestigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On October 13, 1937, the Regional Director issued and duly served
a notice of hearing; on October 16, the Company filed an answer.
On November 2, 1937, the Company, the Union, and the Board
entered into the following two stipulations :
I
It is hereby stipulated by and between James A. Brown, at-
torney for the respondent, Exchange Lumber & Manufacturing
Co., a corporation; O. C. Brasch, business agent of the Lumber
612
DECISIONS AND ORDERS 613
and Saw Mill Workers' Union, Local 2552, and Patrick H.
Walker, attorney and counsellor for the Nineteenth Region, Na-
tional Labor Relations Board, that the following statement of
facts may be introduced and received in evidence in a hearing to
be conducted in the above matter and have the same force and
effect as if such facts had been testified to by competent wit-
nesses at said hearing. This stipulation shall not prejudice the
right of any party to the proceeding or the said Board to intro-
duce any further or additional testimony.
I
The Exchange Lumber and Manufacturing Company, the re-
spondent herein, is and has been at all times since February 26,
1937, a corporation organized and existing under and by virtue of
the laws of the State of Washington, having its principal place
of business in Spokane, State of Washington, more particularly,
N. 2616 Cincinnati Street (hereinafter called "the plant"). The
respondent is engaged in the manufacture, sale and distribution
of window sash and casings, doors, cabinet works, stair cases,
interior building equipment and fixtures. The respondent further
is engaged in retail sale, wholesale and jobbing of lumber, wood
products, by products and building supplies as is more definitely
set forth in Exhibit A,1 attached hereto and made a part hereof
and to which reference is hereby made.
II
Its physical properties consist of buildings suitable and adapt-
able to such work, situated immediately adjacent to railroad
tracks and sidings for the purpose of unloading, loading and dis-
tributing finished products and raw materials. The following
named departments are maintained in said plant : storage yards
and sheds, rip saw and cut off saw, frame department, sash and
door department, cabinet making, molding, glazing, delivery,
shipping, planeing, and sales. The employees are broken down
into the following categories, expressing a yearly average
number :
Manufacturing---------------------------------------------- 36
Delivery---------------------------------------------------. 4
Shipping--------------------------------------------------- 10
Helpers--------------------------------------------------- 10
60
1 Exhibit A Is set out in the appendix to this Decision.
614 NATIONAL LABOR RELATIONS BOARD
The officers of the respondent are as follows :
President____________________________________ Grant Dixon
Vice President------------------------------- C. L. Cbffman
Secretary------------------------------------ H. A. Shaw
Treasurer------------------------------------ C. L. Coffman
The Board of Directors consist of the following : Chairman,
Grant Dixon; C. L. Coffman, H. A. Shaw, B. A. Hanna, J. W.
Perry, Bert R. West.
III
Respondent's estimated inventory of stock on hand October 1,
1937, is Ninety Thousand Dollars ($90,000.00). Respondent's
estimated inventory of stock on hand as of June 1, 1937, was
One Hundred and Three Thousand Dollars ($103,000.00). Re-
spondent's net sales for the periods and for the purposes are
hereinafter set forth, together with the percentages thereof, to-
wit :
Date Interstate Intrastate
Jan. 1, 1936 to Dec. 31, 1936__ ____________________
Jan 1, 1937 to June 30,1937 ______________________
$153,958 84 I
75,78667
27.72%
26 47%
$401,422 76
--x221,686.86
72 28,%g
7353/
The area covered by respondent's sales force is bounded
roughly as follows :
West of Spokane to the Columbia River;
South of Spokane to Camas Prairie and Grangeville, Idaho,
East of Spokane to Bozeman, Helena and Great Falls, Mon-
tana, and
North to the International Boundary Line.
IV
Respondent's total value of purchases of raw materials for
manufacture, and building supplies for wholesaling and jobbing,
together with the percentages thereof, is, to wit :
Date
Jan 1, 1936 to Dec 31, 1936______________________
Jan 1, 1937 to June 30, 1937_____________________
Interstate
$161,671 14
$78, 674 63
47 5%
45 6%
Intrastate
$178 793 61
$93,992 00
52 5%a.
54 4%,
That the place of origination, the type and make of such pur-
chases of the said totals, hereinbefore, are more' particularly set
out in Exhibit B,2 attached hereto and made apart hereof; to,
which reference is hereby made.
That all of respondent's incoming and outgoing products are
received and shipped at respondent's plant by means of trucks.
2 Exhibit B is set out in the appendix to this Decision.
DECISIONS AND ORDERS 615
and the Great Northern Railway Co., on all of which respondent
pays the freight charges (excepting only ' glass from Libby,
Owen, Ford of Louisiana) all common carriers principally en-
gaged in interstate carriage. That said products are unloaded
from the carriers by respondent's employees and likewise re-
spondent's employees, in its.shipping department, load finished
products and jobbing goods directly to carriers for shipment to
destinations located beyond the State of Washington.
V
That the total number of respondent's production employees,
(exclusive of those in a supervisory capacity and clerical and
office help) at the indicated respective dates are hereinafter set
out, together with the number of said respondent's employees at,
the same dates who were and are bona fide members of, and
members in good standing of the Lumber and Saw Mill Work-
ers' Union, Local 2552, of the United Brotherhood of Carpenters.
and Joiners, an affiliate of the American Federation of Labor,
which is a labor organization within the meaning of Sec. 2,
subdivision 5 of the National Labor Relations Act.
Employees
June 1-15,1937 -------------------------------------------------------
October 1-15, 1937---------------------------------------------------
Union
Members
72
64
51
45
The respondent is engaged in commerce within the meaning of
Section 2, subdivision 6 of said Act.
Dated and signed this 2nd day of Nov., 1937, at Spokane,
Washington.
II
It is hereby stipulated by and between James A. Brown,
attorney for the respondent, Exchange Lumber & Manufactur-
ing Co., a corporation; O. C. Brasch, business agent of the
Lumber and Saw Mill Workers' Union, Local 2552, and Patrick
H. Walker, attorney and counsellor for the Nineteenth Region,
National Labor Relations Board, that the Order of Certification,
attached hereto, be submitted to the National Labor Relations
Board as a basis for action by the said Board, and a Certification
by said Board directed to the Exchange Lumber & Manufactur-
ing Co.
I
The production plant employees of the Exchange Lumber &
Manufacturing Co. at its plant located at N. 2616 Cincinnati
80535-38-40
1616 NATIONAL LABOR RELATIONS BOARD
Street, of Spokane, Washington, (excluding foremen and those
employed in a supervisory capacity or office and clerical help),
constitute a unit appropriate for the purpose of collective bar-
,gaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
II
Local No. 2552 of the Lumber and Saw Mill Workers' Union
-having been selected for the purposes of collective bargaining by
a majority of the employees in a unit appropriate for such pur-
poses is, by virtue of Section 9 (a) of the National Labor Rela-
tions Act, the exclusive representative of all of the employees
in such unit for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment and other condi-
tions, of employment.
It is further stipulated that a certification may be made and
entered by said Board based on the foregoing Stipulation with-
out prejudicing the right of the National Labor Relations Board
to resume said hearing in the event that the certification hereto-
fore set forth in this stipulation is not approved by the National
'Labor Relations Board.
Dated and signed this 2nd day of November, 1937, at Spokane,
Washington.
On the basis of the stipulations quoted above, the Board will so
4 certify Lumber and Sawmill Workers Union Local 2552.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Section 8, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended,
IT IS HEREBY CERTIFIED that Lumber and Sawmill Workers Union
-Local 2552 has been designated by a majority of the production plant
employees of the Spokane, Washington, plant of the Exchange Lum-
ber and Mfg. Company, excluding foremen, and those employed in a
supervisory capacity and excluding office and clerical help, as their
representative for the purposes of collective bargaining and that, pur-
suant to the provisions of Section 9 (a) of the Act, Lumber and Saw-
mill Workers Union Local 2552 is the exclusive representative of all
such employees for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions of
employment.
DECISIONS AND ORDERS
APPENDIX
ExHIBIT A
Wholesale and retail:
Lumber.
Wood products and by-products.
Sash, door.
Cashing.
Cabinet fixtures.
Frame.
Molding.
Shingles.
Lathes.
Detailed mill work.
Jobbing :
Lumber products.
Insulation.
Roofing.
Glass.
Cement.
Plaster.
Ply-wood.
Plaster-board.
Flooring.
Detailed mill work.
Exnmrr B
Name
No trade name--------_--.
Unifil--------------------
Celatex------------------
Libby, Owen, Ford ____-___
No trade name___________
Certain-Teed______________
No trade Dame -__________.
No trade Dame ---_________
No trade name-----------
No trade name--------___.
No trade Dame___________.
No trade name-_-___--_-_
No trade name---------_-.
No trade name-----------.
No trade name-___-______
No trade name--------_--.
No trade name--_-_______.
No trade name---_--_____.
No trade name---__--_--_.
No trade name-_-_-______
617
Address Type
Washington -------------- Shingles.
Washington-------------- Insulation.
Louisiana---------------- Insulation.
Louisiana---------------. Glass.
Washington------------- Stain.
California--------------- Roofing.
Washington-------------- Veneer.
Montana ----------------- Plaster.
Washington -------------- Cement.
Washington -------------- Plaster Board.
Washington______________ Lathes.
Washington -------------- Doors.
Washington-------------. Lumber-Pine.
Washington-------------- Fir.
Washington-------------. Larch.
Washington -------------- Ply-wood.
Arkansas---------------- Hardwood-Southern.
Tennessee_______________ ' Southern.
Wisconsin_______________ Northern.
Michigan---------------- Northern.