Grays Harbor Pre-Fab Co.

National Labor Relations Board - Board Decisions

Sep 22, 1943

52 N.L.R.B. 799 (N.L.R.B. 1943)

In the Matter of GRAYS HARBOR PRE-FAB COMPANY and PLYWOOD
VENEER WORKERS UNION, LOCAL #2521, IWA, CIO
Case No. R-5851.-Decided September 00, 1943
Mr. Carl A. Schafer, of Aberdeen, Wash., for the Company.
Mr. Harry I. Tucker, of Aberdeen, Wash., for the C. I. O.
Mr. Kenneth Nazer, of Aberdeen, Wash., for the A. F. L.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Plywood & Veneer Workers Union,
Local #2521, International Woodworkers of America, affiliated
with the C. I. 0., herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Grays Harbor Pre-Fab Company, Aberdeen, Washington,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before William A.
Babcock, Jr., Trial Examiner. Said hearing was held at Aberdeen,
Washington, on August 13, 1943. The Company, the C. I. 0., and
the Grays Harbor County District Council, Lumber and Sawmill
Workers, United Brotherhood of Carpenters and Joiners of America,
affiliated with the A. F. of L., herein called the A. F. L., appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Grays Harbor Pre-Fab Company consisting of John Schafer, Carl
Schafer, Ed Schafer, and Maurice Schafer, is a partnership engaged
52 N, L. R. B, No. 141.
799
800 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at Aberdeen, Washington, in the manufacture of wood products,
principally grain doors for several railroad companies engaged as
common carriers in interstate commerce, and pallets or lift boards
for the United States Navy which are used in transporting supplies
overseas. All such finished products are delivered to the purchasers
within the State of Washington but are used by the purchasers for
the transportation of goods in interstate commerce. Since May 1943
when the Company first commenced operations, 95 percent of lumber
used by the Company has been purchased from the lumber mill known
as Mill #4 of Schafer Brothers Logging Company, Aberdeen, Wash-
ington.. During the same period, the Company has manufactured
over 2,000,000 feet of lift boards for the Navy and over 1,000,000 feet
of grain doors for railroad companies. The Company does not deny
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Plywood & Veneer Workers Union, Local #2521, is a labor organi-
zation affiliated with International Woodworkers of America and with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
Grays Harbor County District Council, Lumber and Sawmill
Workers, is a labor organization affiliated with United Brotherhood
of Carpenters and Joiners of America and with the American Feder-
ation of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The C. 1. 0., by letter dated May 18,1943, and the A. F. L., by letter
dated May 26, 1943, each requested the Company to recognize it as
the exclusive bargaining representative of the employees of the Com-
pany within an alleged appropriate bargaining unit. The Company
refused and has continued to refuse to accord either, organization
such recognition unless and until it is certified by the Board. There-
after on June 3, 1943, the C. I. O. filed its petition in this case.
The report of a Field Examiner of the Board as supplemented by
a statement of the Trial Examiner made at the hearing indicates that
the C. I. O. represents a substantial number of employees within the
unit hereinafter found to be appropriate.,
.1 The Field Examiner reportted that the C. I. O. submitted 38 currently dated application-
for-membership cards bearing apparently genuine signatures of persons whose names appear
on the Company's pay roll of July 14, 1943, which contains the names of 72 persons within
the alleged appropriate unit. He further reported that the A. F. L. submitted 17 applica-
GRAYS HARBOR PRE-FAB COMPANY 801
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The C. I. O. contends that all employees of the Company, exclusive
of office employees and supervisory employees possessing the author-
ity to hire or discharge, comprise an appropriate bargaining unit.
The A. F. L. argues that the employees of the Company, exclusive of
office employees and supervisory employees possessing the authority
to hire or discharge, are properly a part of the unit, which it cur-
rently represents, comprised of the employees of Mill '#4 of the Lum-
ber & Shingle Division of Schafer Brothers Logging Company, Aber-
deen, Washington. The Company takes no position with respect to
the appropriate unit.
Schafer Brothers Logging Company is a Washington corporation
engaged, among other things, in the operation of a sawmill at Aber-
deen, Washington. There were originally two corporations : Schafer
Brothers Logging Company, parent, and Schafer Brothers Lumber
& Shingle Company, subsidiary. The subsidiary was dissolved in
1934 and all its assets were taken over by the parent company. At
present Schafer Brothers Lumber & Shingle Company is the name
of the division of Schafer Brothers Logging Company engaged in the
operation of the sawmill known as Mill #4. On July 2, 1940, pur-
suant to the results of'an election directed by the Board 2 the A. F. L.
was certified as the exclusive bargaining representative of the saw-
mill workers of Schafer Brothers Lumber & Shingle Company Di-,
vision of Schafer Brothers Logging Company. In the instant pro-
ceeding, the A. F. L. contends that the employees of the Company are
properly a part of the unit comprised of the employees of Mill #4
which it currently represents by virtue of a contract with Schafer
Brothers Lumber & Shingle Company Division of Schafer Brothers
Logging Company. This contract was originally entered into in
April 1941, and has been automatically renewed from year to year,
and is, by its terms, subject to termination upon notice by either party
given 60 days prior to April 1, 1944.
tion-for -membership cards bearing apparently genuine signatures of persons whose names
appear on the aforesaid pay roll.
The Trial Examiner states that the C. I. O. submitted five additional application-for-
membership cards bearing apparently genuine signatures for persons whose navies appear
on the Company ' s pay roll of August 1, 1943, but do not appear on the July 14, 1943,
pay roll
2 See Matter of Schafer Brothers Lumber d Shingle Company, Division of Schafer
Brothers Logging Company, 23 N. L. R B 1104.
802 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company is a partnership comprised of John Schafer, Ed
Schafer, Carl Schafer, and Maurice Schafer, each of whom is also a
stockholder in Schafer Brothers Logging Company and holds a man-
agerial position with said company. Peter Schafer, one of the prin-
cipal stockholders in the latter company, is the father of John, Ed,
and Carl Schafer. Albert Schafer, the other principal stockholder
in said company, is the father of Maurice Schafer and represents
him in the partnership during his absence 4n military service. The
determination of the labor policies as well as the management of
Schafer Brothers Logging Company and the Company are, in a
large part, dictated by the same persons. The employees in the
logging operations of Schafer Brothers Logging Company are cur-
rently represented by Local No. 2, Sawmill & Timber Workers' Union,
International Woodworkers of America, affiliated with the C. I. 0.,
under a collective bargaining contract. The Company commenced
operations in May 1943 and to date has maintained no bargaining
relations with any organization.
The Company's plant and Mill #4 are located approximately 1
mile apart and their operations are related to the extent that almost
all the lumber used by the plant is purchased from Mill #4 and
transported directly to the plant by Mill #4 lumber carriers. The
manufacturing operations performed in the plant are in effect further
processing of the lumber manufactured at Mill #4. There is some
interplant transfer of employees between the Company's plant and
mill #4. On the other hand, the Company is a business entity
entirely separate and apart from Mill #4 and Schafer Brothers
Logging Company. It purchases raw lumber from which its menu-
factures finished products. Its plant is physically removed from
Mill #4 and there is little close association between its employees
and those of Mill #4. Added to these facts is the previously noted
existence of the current collective bargaining contract between the
A. F: L. and Schafer Brothers Logging Company covering the em-
ployees of Mill #4 which does not expire until April 1, 1944. In
view of these circumstances, we are of the opinion that the factors
which favor a separate unit comprised of the Company's employees
outweigh those tending to support a two-plant unit.
The parties are in substantial agreement with respect 'to which
employees of the Company should be included in the bargaining
unit. They agree that office and supervisory employees should be
excluded but are in disagreement over the disposition of the kitchen
employee employed at the Company's plant.
Kitchen employee: The Company employes one person, a woman,
who prepares coffee for the employees working at the plant. This
employee is on monthly salary. She works irregularly, serving coffee
GRAYS HARBOR P'RE-FAB COMPANY 803
at 10 o'clock and 3 o'clock each day, and at 8 o'clock in the evening
for the night crew. She also does some janitor work in the office.
She does, however, work each day the plant runs. The C. I. 0. and
the A. F. L. would include the kitchen employee in the unit while
the Company apparently desires that she be excluded. Since she
is a regular employee of the Company who performs certain main-
tenance work in addition to making and serving coffee to other em-
ployees, her interests would appear to be in common with the other
employees in the unit. Accordingly, we shall include the kitchen
employee in the appropriate unit.
We find that all employees of the Company, including the kitchen
employee, but excluding office employees, and all supervisory em-
ployees with the authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth
in the Direction.
At the hearing controversy developed with respect to the eligibility
of certain part-time employees to vote at the election. These em-
ployees are employed on the night shift at the Company's plant and
work 4 hours each day, 6 days each week. This is considered to be
extra work and most of them are employed elsewhere during the
day. The A. F. L. contends that they should be deemed eligible to
vote, whereas the C. I. 0. contends that they should be held ineligible.
The Company takes no position in the matter. There is nothing in
the record to indicate that these night-shift employees work on any
different basis than full-time employees as to duties or other con-
ditions of employment. In our opinion these employees perform a
sufficient amount of work similar to that performed by the other
employees in the unit to give them a substantial interest in the con-
ditions of employment in the Company's plant and therefore we find
that they are eligible to vote.
s See Matter of The New Britain Machine Company, 48 N. L. R. B. 263; Matter of
Armour and Company of Delaware , d/b/a Armour Creameries , 51 N. L. R. B. 28.
549875-44-vol. 52-52
804 DECISIONS OF N'AITTONIAL LABOR RELATIONSI BOARD
The record discloses that, at the date of the hearing, the Company
employed in its plant about 10 high school students who intend to
return to school at the beginning of the next term. Although none
of the parties expressed a position with respect to the disposition of
this group of employees, we hereby declare them ineligible to vote
in the election 4
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 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Grays Harbor
Pre-Fab Company, Aberdeen, Washington, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and super-
vision 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, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding employees who have since quit or been discharged
for cause, to determine whether they desire to be represented by
Plywood & Veneer Workers Union, Local #2521, International Wood-
workers of America, affiliated with the C. I. 0., or by Grays Harbor
County District Council, Lumber and Sawmill Workers, United
Brotherhood of Carpenters and Joiners of America, affiliated with the
A. F. of L., for the purposes of collective bargaining, or by neither.
4 See Matter of Oregon Plywood Company , 33 N. L. R. B. 1234.