Klamath Timber Co.

National Labor Relations Board - Board DecisionsSep 3, 1941

35 N.L.R.B. 141 (N.L.R.B. 1941)

In the Matter of KLAMATH TIMBER COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA, LOCAL No. 6-12, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-0827.-Decided September 3, 1.941 Jurisdiction : logging operations Investigation and Certification of Representatives : existence of question: Com- pany refused to accord union recognition, disputing its authority to represent employees on ground that unions charter had been suspended or revoked by its parent organization ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding clerical and supervisory employees. ' Mr. John B. Ebinger, of Klamath Falls, Oreg., for the Company. Mr. George Brown, of Klamath Falls, Oreg., for the International. Mr. J. G. Wolf, of Portland, Oreg., for the Lumber R Sawmill Workers. Mr. Charles W. Schneider, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 9, 1941, International Woodworkers of America, Local ids., 6 12, affiliated with the Congress of Industrial Organizations, herein called the International, filed a petition with the Regional Director for the Nineteenth Region (Seattle, Washington) alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Klamath Timber Company, Klamath Falls, Oregon, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 15, 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 Regula- tions-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropri- ate hearing upon due notice. 35 N. L R. B., No 27. 141 142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On July 24, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Interna- tional, and also upon Lumber & Sawmill Workers, Local No. 2649, herein called the Lumber & Sawmill Workers, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on July 31, 1941, at Klamath Falls, Oregon, before William A. Babcock, Jr., the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the International, and the Lumber & Sawmill Workers were represented by counsel or other representatives, and participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing on the issues was afforded all parties. At the conclusion of the hearing the Company moved to dismiss the petition on the ground that no question concerning rep- resentation affecting commerce had arisen. The Trial Examiner re- served ruling thereon for the Board. The motion is hereby denied. During the course of the hearing, the Trial Examiner made several rulings on other motions and on objections to the admission of evi- dence. 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 I. THE BUSINESS OF THE COMPANY Klamath Timber Company, an Oregon corporation, having its principal office at Klamath Falls, is engaged in the logging of ponderosa pine and fir near Klamath Falls, Oregon. During 1940 the Company produced 33,700,000 feet of logs, valued at $239;275. The Company sells its entire output in the form of rough logs to Kesterson Lumber Corporation, which also maintains its principal office at Klamath Falls and is engaged in the manufacture and sale of lumber products. During 1939 and 1940, respectively, Kesterson Lumber Corporation processed approximately 49,000,000 board feet of lumber, valued at about $1,205,000, of which approximately 99 per cent was shipped to points outside the State of Oregon. The Company's president is also vice president and manager of Kesterson Lumber Corporation. II. THE ORGANIZATIONS INVOLVED International Woodworkers of America, Local No. 6-12, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. KLAMATH TIMBER COMPANY 143 Lumber & Sawmill Workers, Local No. 2649, is a labor organiza- tion affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company contends that no question concerning representa- tion has arisen because it has not refused to bargain with the Inter- national. However, both labor organizations involved herein have presented evidence that each represents a substantial number of employees of the Company.' The International made several written requests for bargaining conferences during 1940, and again in May or June 1941. To the latter request the Company replied that it had been informed that the International's charter had been sus- pended or revoked by its parent organization, and questioned the International's status as a labor organization and its authority to represent employees. We have held that the privilege of a labor organization to represent employees for the purposes of collective bargaining,2 or to utilize the machinery of the Act, is not dependent upon its relations with its parent organization.' 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 aid tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. ' A statement of a Field Examiner of the Board submitted Into evidence at the hearing discloses that the International submitted to him 118 membership authorization cards for that union , 64 of which bore signatures which are the names of persons on the Company's June 1941 pay roll. Twenty-three of the 64 cards were dated during 1940, 28 during May 1941 , 9 during June 1941 , and 4 were undated . There are approximately 117 employees in the alleged appropriate unit. At the hearing Lumber & Sawmill Workers presented to the Trial Examiner 26 member- ship authorization cards. All bore signatures corresponding to names of persons on the Company 's June 1941 pay roll . Two of the cards were duplicates. 2 See Matter of McClouth Steel Corporation and Local 174, International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, An4onmobile Workeas of America, affiliated with the Congress of Industrial Organizations, 3In Matter of Frederick R Barrett and International Longshoremen 's Association, Local No. 978, 3 N. L R B. 513 at 516, the, Board stated : Whether Local 978 is or is not a local of I. L. A., it is still a labor organization within the meaning of the Act, and is accordingly entitled to invoke the remedies of the Act against an employer , whatever its standing with the International. 144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE APPROPRIATE UNIT At the hearing the parties agreed, and we find, that all produc- tion and maintenance employees engaged in the Company's logging operations, excluding clerical and supervisory employees, constitute an appropriate unit for the purposes of collective bargaining. We further find 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 We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. We shall direct that the employees of the Company eligible to vote in such election shall be those in the appro- priate unit employed by the Companyy, during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direc- tion hereinafter. 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 Klamath Timber Company, Klamath Falls, Oregon, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees engaged in the Company's logging operations, excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of col- lective bargaining, within the meaning of Section 9 (b) of the 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 Re- lations 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 Klamath Timber Company, Klamath Falls, Oregon, an elec- tion by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Elec- KLAMATH TIMBER COMPANY 145 tion, under the direction and supervision 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, Section 9, of said Rules and Regulations, among all production and main- tenance employees engaged in logging operations at Klamath Tim- ber Company, Klamath Falls, Oregon, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said 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 and clerical employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Wood- workers of America, Local No. 6-12, affiliated with the Congress of Industrial Organizations, or by Lumber & Sawmill Workers, Local No. 2649, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.