Lakeview Lumber Co.

National Labor Relations Board - Board DecisionsAug 30, 1941

35 N.L.R.B. 96 (N.L.R.B. 1941)

In the Matter of LAKEVIEW LUMBER COMPANY and GOOSE LAKE LUM- BER WORKER6 ' & LOGGERS' UNION Case No. R-Â°857e.Decided August 30, 1941 Jurisdiction : lumber industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition ; election necessary., Unit Appropriate for Collective Bargaining : production and maintenance em- ployees including watchmen , but excluding supervisory and clerical employees; agreement as to. Definitions : petitioning union held to be a labor organization despite the fact it suspended payment of dues and temporarily 'discontinued meetings following Company's refusal to accord it recognition. Mr. Theodore R. Conn, of Lakeview, Oreg., for the Company. Mr. Herbert P. Welch, of Lakeview, Oreg., for the Independent. Mr. E. H. Card, of Medford, Oreg., for the A. F. of L. Mr. Dan M. Byrd, Jr, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TIHE CASE On May 19, 1941, Goose Lake Lumber Workers' & Loggers' Union, herein called the Independent, filed with the Regional Director for the Nineteenth Region (Seattle, Washington) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Lakeview Lumber Company, Lakeview, 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 June 27, 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 Direc- tor to conduct it and to provide for an appropriate hearing upon due notice. 35 N.L.R.B., No. 18. 96 LAKEVIEW LUMBER COMPANY 97 On July 25, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the Independent. On August 4, 1941, pursuant to notice, a hearing was held at Lakeview, Oregon, before William A. Babcock, Jr., the Trial Examiner duly designated by the Acting Chief Trial Examiner. At the outset of the hearing, Lumber and Sawmill Workers Union Local No. 2701, chartered by the United Brotherhood of Carpenters & Joiners of America, affiliated with the American Federation of Labor, herein called the A. F. of L., filed a written motion to inter- vene, alleging that it had been designated as,collective bargaining representative by employees of the Company. The Trial Examiner granted the motion to intervene. ' The Company and the Independent were represented by counsel and the A. F. of L. was represented by its representative. All parties participated in the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. During the course of the hearing, the A. F. of L. moved that the petition be dismissed upon the ground that the Independent: had ceased functioning as a labor organization. The Trial Examiner reserved ruling on the motion for the Board. For reasons hereinafter stated, the motion is denied. In addition, the Trial Examiner made various rulings on other motions and on ob- jections 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. THE BUSINESS OF THE COMPANY Lakeview Lumber Company, the assumed business name of D. E. De Ormond, is engaged in the operation of a sawmill and yard near Lake- view, Oregon. The Company purchases the logs processed in the op- eration of its mill within the State of Oregon. During 1940 the Com- pany's sawmill produced approximately 10,500,000 board feet of lum- ber having a value of approximately $175,000. Of that amount, the Company sold approximately 60 per cent to the Goose Lake Box Company, Lakeview, Oregon, which shipped approximately 90 per cent of its purchases from the Company outside the State of Oregon. The Company sold and shipped the remaining 40 per cent of its pro- duction outside the State of Oregon. 98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED Goose Lake Lumber Workers' & Loggers' Union is an unaffiliated labor organization admitting to membership persons employed by lumber companies operating in the Goose Lake, Oregon, area., Lumber and Sawmill Workers Union Local No. 2701, chartered by the United Brotherhood of Carpenters & Joiners of America, affili2 ated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 12, 1,941, the Independent advised the Company that it represented a majority of its employees, and requested a conference for the purpose of submitting its proof, and entering into negotiations for a contract. Pursuant to the request, a conference was held on May 13, 1941, at which time the Company refused to recognize the Inde- pendent in the absence of certification by the Board. A statement by a Field,Examiner of the Board, introduced at the hearing, and a statement in the record by the Trial Examiner, show that the Independent and the A. F. of L., respectively, represent a - substantial number of employees in the unit hereinafter found to be appropriate.2 i On March 28, 1941, persons working at lumber companies in the Goose Lake area met for the purpose of forming the Independent. On the following day a constitution and bylaws were adopted Subsequently officers were elected, dues collected and, as hereinafter set foith, a substantial number of the Company's employees made application for member- ship Following the Company's refusal to recognize the Independent as the sole bargaining representative of its employees, the Independent suspended the collection of dues and tem- porarily discontinued meetings As hereinabove set forth, the A F. of L. moved to dismiss the petition filed by the Independent on the ground that tbe,Independent had ceased to function as a labor organization The fact that an organization has not held meetings or collected dues is not determinative of the question whether it is a labor organization entitled to status as such under the Act we are satisfied, and find, that at all times material herein the Independent was and is a labor organization within the meaning of Section 2 (5) of the Act. See Matter of The Gartland-Haswell Foundry Co and The Gartland-Haswell Employees Organization, 26 N L It. B 1270; Matter of The George W. Borg Corpora- tion and United Clock Workers Union, 25 N. L R. B 481; and Matter of Universal Match Corporation and United Match Workers' Local Industrial Union #180 , affiliated with Committee for Industrial Organization, 23 N L R B 226 2 The Field Examiner's statement shows that the Independent submitted 34 membership- application cards bearing apparently genuine signatures Of these 34 names, the Field examiner reported as follows 4 are not listed by the Company ; 1 is the name of a truck driver whose status as an employee of the Company "may be" questioned, and 1 is a fore- man. Four of the cards are undated ; the remainder are dated on or after March 28, 1941. In addition, the Independent submitted an affidavit listing all the names of the Company's employees who are its members. This list carried all the names appearing on the 34 cards and 1 additional name which appeared on the Company's list of employees. The Trial Examiner reported that the A F. of L submitted three membership-application cards, bearing apparently genuine signatures, one of which is the name of a person on the Company's pay roll of June 9, 1941. The Company's pay roll of June 9, 1941, lists a total of 56 employees : 50 production and maintenance employees, 4 foremen, and 2 clerks. Of the 50, according to the Field Examiner's report, 2 are truck drivers whose status as employees of the Company "may be" doubtful, and 5 are listed as extra men. LAKEVIEW LUMBER COMPANY 99 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 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 stipulated, and we find, that all produc- tion and maintenance employees of the Company, including watchmen, but excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining. We further -find that such 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 concerning representation which has arisen can best be resolved by an election by secret ballot. At the hearing the parties stipulated that four named persons, having duties either supervisory or clerical in nature, should not be eligible to vote.3 Accordingly, we shall direct that those eligible to vote in the elec- tion shall be the employees of the Company within the appropriate unit whose names appear on the Company's pay roll for the period immediately preceding the date of this Direction, subject to such limi-. tations and additions as are set forth in the Direction 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 Lakeview Lumber Company, Lakeview, Oregon, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 8 These are : Ross Salvage , Paul Lyons, Mary Rehart, and D. H. Sprague. 451270-42-vol 35 8 100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. All production and maintenance employees of the Company, including watchmen, but excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargain- ing 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Rela- tions 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 Lakeview Lumber Company, Lakeview, Oregon, 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, 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 maintenance employees of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including watchmen and employees who 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 repre- sented by Goose Lake Lumber Workers' & Loggers' Union, or Lumber and Sawmill Workers Union Local No. 2701, chartered by the United Brotherhood of Carpenters & Joiners of America, affiliated-with the American Federation of Labor, for the purposes of collective bargain- ing, or by neither.