Henry A. Larson

National Labor Relations Board - Board Decisions

Aug 29, 1941

35 N.L.R.B. 89 (N.L.R.B. 1941)

In the Matter of HENRY A. LARSON, AN INDIVIDUAL and LUMBER AND
SAWMILL WORKERS UNION, LOCAL #2667
Case No. R-2$14.Decided A2igust 29, 1941
Jurisdiction : logging industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to either of rival organizations until certified
by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all employees engaged in cutting,
yarding, loading and hauling logs, and repairing roads and. equipment, ex-
cluding supervisory employees with the right to hire and discharge ; agreement
as to.
Mr. Henry A. Larson, of Bellingham, Wash., pro se.
Mr. L. Presley Gill, of Seattle, Wash., for the L. & S. W.
Mr. Perry R. Gershon, of Seattle, Wash., for the I. W. A.
Mr. William T. Little, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 24, 1941, Lumber and Sawmill Workers Union, Local
#2667, herein called the L. & S. W., filed with the Regional Director
for the Nineteenth Region (Seattle, Washington) a petition alleging
that a question affecting commerce had arisen concerning the rep-
resentation of employees of Henry A. Larson, an individual' Bell-
ingham, Washington, herein called Larson, and requesting an in-
vestigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On July 18, 1941, 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, as amended, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
1 The petition originally named the employer as Larson Logging Company . At the hear-
ing, the petition and all formal documents were corrected to designate the petitioner as
appears above.
35 N. L . R.B,No.16.
89
90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On July 23, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly serve upon Larson, the L. & S. W.,
and International Woodworkers of America, Local No. 2-46
(C. I. 0.), herein called the I. W. A., a labor organization claiming
to represent employees directly affected by the investigation. Pur-
suant to notice a hearing was held on July 29, 1941, before Charles
M. Brooks, the Trial Examiner duly designated by the Acting Chief
Trial Examiner. The I. W. A. appeared at the hearing and inter-
vened. Larson appeared on his own behalf and the L. & S. W. and
the I. W. A. were represented by counsel; all participated in the
hearing. Full opportunity to be heard, to examine and cross-ex-
amine witnesses, and to introduce evidence bearing on the issues was
afforded all parties. During the course of the hearing the Trial
Examiner made several 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 case, the Board makes the following :
FINDINGS OF FACT
1. LARSON'S BUSINESS
Henry A. Larson is engaged in the cutting, removal, and sale of
timber near Bellingham, Washington. During 1941 Larson cut, re-
moved, and sold approximately 1,250,000 board feet of lumber per
month, approximately 40 per cent of which were sold to the Lake
Whatcom Mill of Bloedel-Donovan Lumber Mills and the remainder
to Puget Sound Pulp and Timber Company, both located in the
State of Washington. Over 90 per cent of the products manufac-
tured by Bloedel-Donovan Lumber Mills and Puget Sound Pulp
and Timber Company are sold and shipped to points outside the
State of Washington.
II. THE ORGANIZATIONS INVOLVED
Lumber and Sawmill Workers Union, Local #2667, is a labor
organization chartered by the United Brotherhood of Carpenters
and Joiners of America and affiliated with the American Federation
of Labor. It admits to membership employees of the Company.
International Woodworkers of America, Local No. 2-46 is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
HENRY A. LARSON
III. THE QUESTION CONCERNING REPRESENTATION
91
In May 1941, both the L. & S. W. and the I. W. A. asked Larson
to be recognized as the collective bargaining agent for his employees.
Larson informed them that he did not know with which union to
deal and therefore would deal with neither until it had been certified
by the Board.
A statement of the Field Examiner of the Board introduced in
evidence at the hearing shows that both the L. & S. W. and the I. W. A.
represent a substantial number of employees in the unit hereinafter
found appropriate.2 -
We find that a question has arisen concerning the representation of
employees of Larson.
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 Larson 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
At the hearing the parties agreed, and we find, that all employees
of Larson engaged in cutting, yarding, loading, and hauling logs, and
repairing roads and equipment, excluding supervisory employees with
the right to hire and discharge, constitute an appropriate bargaining
unit. We further find that such unit will insure to Larson's employees
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
We find that the question concerning representation which has
arisen, can best be resolved by an election by secret ballot. At the
hearing the parties expressed no preference as to the pay-roll date
to be used to determine eligibility to vote. We find that the employees
of Larson eligible to vote in the election are those who were employed
"The Field Examiner stated that the L. & S. W. had submitted 19 application cards of
employees on Larson 's May 29, 1941 , pay roll ; 18 of which were dated in May 1941 and
1 in January 1939. The I . W. A. submitted 3 application cards and a petition signed by
11 employees. The petition was signed in May 1941 , and 1 application card was dated
April 26 and 2 were undated. There were approximately 33 employees on the May 29
pay roll.,
92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
during the pay-roll period immediately preceding the date of this
Direction of Election, subject to such limitations and additions as are
set forth in the Direction.
The parties disagreed as to whether Paul Reid is eligible to vote in
the election. Reid is employed by Larson as a bookkeeper and scaler.
Both the I. W. A. and the L. & S. W. admit that scalers should be
included and bookkeepers excluded from the unit. The I. W. A.,
however, urges that Reid is ineligible, to vote since he is a bookkeeper
and the L. & S. W. urges that he be permitted to vote on the ground
that he is a scaler. Larson first testified that Reid devoted half his
time to scaling and the other half to bookkeeping. However, he subse-
quently testified that Reid worked as a scaler from 4 a. m. until
12: 30 p. m. and did two-thirds of the bookkeeping on his own time,
during the evenings. It appears that Reid's work is predominantly
that of a scaler. We find that he is eligible to vote in the election.
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 rep-
resentation of employees of Henry A. Larson, Bellingham, Washing-
ton, within the meaning of Section 9 (c),and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All employees of Larson engaged in cutting, yarding, loading,
and hauling logs, and repairing roads and equipment, excluding su-
pervisory employees with the right to hire and discharge, 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 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Henry A. Larson, Bellingham, 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
supervision of the Regional Director for the Nineteenth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
HENRY A. LARSON 93
among all employees who were engaged in cutting, yarding, loading.
and hauling logs, and repairing roads and equipment, who were em-
ployed by Henry A. Larson, during the pay-roll period immediately
preceding the date of this Direction of Election, 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 temporarily laid off, but excluding supervisory
employees with the right to hire and discharge, and those who have
since quit or been discharged for cause, to determine whether they
desire to be represented by Lumber and Sawmill Workers Union,
Local #2667, or by International Woodworkers of America, Local
No. 2-46. (C. I. 0.) for the purposes of collective bargaining, or by
neither.