Long-Bell Lumber Co.

National Labor Relations Board - Board Decisions

Nov 3, 1941

36 N.L.R.B. 664 (N.L.R.B. 1941)

In the Matter of LONG-BELT, LUMBER COMPANY, WEED DIvIsIoN and
BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN
In the Matter of LONG-BELL LUMBER COMPANY, WEED DIVISION and
BROTHERHOOD OF RAILROAD TRAINMEN
In the Matter of LONG-BELL LUMBER COMPANY; WEED DIVISION and
LUMBER AND SAWMILL WORKERS UNION #2913
Cases Nos. R-3018 to R-3030, inclusive. -Decided November 3, 1941
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord recognition to either of rival labor organizations until certified
by the Board ; elections necessary.
Units Appropriate for Collective Bargaining : separate units comprising: (1)
all locomotive engineers, firemen, hostlers, and hostler helpers; ( 2) all con-
ductors and brakemen; and (3) all production and maintenance employees,
including scalers, but excluding supervisory and clerical employees, and em
ployees in the units found above to be appropriate.
Mr. David E. McLean, of Longview, Wash., and Mr. J. P. Correia,
of Yreka, Calif.,. for the Company.
Mr. C. W. Stevens, of Portland, Oreg., and Mr. W. E. Jones, of
Cleveland, Ohio, for the Brotherhoods.
Mr. M. 7'. Pavollea, of Klamath Falls, Oreg., for the L. & S. W.
Mr. George Brown, of Klamath Falls, Oreg., for the I. W. A.
Mr. Sydney S. Asher, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On June 7, 1941, thy, Brotherhood of Locomotive Firemen & Engine-
men, herein called the B. L. F. & E., and the Brotherhood of Rail-
road Trainmen, herein called the B. R. T., each filed with the Regional
Director for the Twentieth Region (San Francisco, California) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Long-Bell Lumber Com-
pany, Kansas City, Missouri, herein called the Company, and request-
36 N. L. R. B., No. 143.
664
LONG-BELL LUMBER COMPANY 665
ing 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 9, 1941, a similar petition was filed by the
Lumber and Sawmill Workers Union #2913, chartered by the United
Brotherhood of Carpenters & Joiners of America, affiliated with the
A. F. of L., herein called the L. & S. W. On August 15, 1911, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act, and Article III, Section 3,
-of the 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, and acting pursuant to Article III, Section 10 (c)
(2), of said Rules and Regulations, further ordered that the aforesaid
three cases be consolidated.
On August 30, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
B. h_ F. & E., tl.ie. B. R. T., the L. & S. W., and International
Woodworkers of America, affiliated with the C. I. 0., herein called
the I. W. A., a labor organization claiming to represent employees.
directly affected by the investigation. Pursuant to said notices, a
hearing was held on September 10 and 11, 1941, at Klamath Falls,
Oregon, before Leroy DZarceau, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company, the B. L. F. & E.,
the B. R. T., the L. & S. W., and the I. W. A. were represented
by counsel and participated in the - hearing. Full opportunity to
be heard, • to examine and cross-examine 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.
On September 13 and 16, 1941, respectively, the Company, the
B.. L. F. & E:, and the B. R. T. filed requests for oral argument
before the Board at Washington, D. C. On September 16, 1941,
the I. W. A. filed a request' for permission to file' a brief. On Sep-
tember 16, 1941, the Board denied the requests for oral argument
and, in lieu thereof, granted permission to all parties to file briefs
with the Board in support of their respective contentions. On Sep-
tember 24, 1941, the I. W. A. filed its brief, and on September 29,
1941, the Company, the B. L. F. & E., and the B. R. T. filed their
briefs, all of which have been considered by the Board.
Upon the entire record in the case, the Board makes the following:
666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Long-Bell Lumber Company is a Missouri corporation engaged in
'the business of logging and manufacturing lumber and lumber prod-
ucts, with its principal office at Kansas City, Missouri. It owns and
operates properties in 11 States. The present proceedings involve the
Company's logging operations at Modoc, Camp 1, California, and
Tennant, California. At these camps, timber is cut and hauled on the
Company's own railroad to Leaf, California-which is 7 miles from
Tennant and 58 miles from Modoc, Camp 1. From Leaf the lumber
is hauled by common carrier to the Company's sawmill at Weed, Cali-
fornia. At Weed the timber is converted into lumber and lumber
products, and then sold and distributed.
During the year 1940, the Company thus sold and distributed over
1.00 million feet of lumber and lumber products, valued at an amount
in excess of $3,000,000. Of this amount approximately 60 per cent
was shipped to points outside the State of California. The Company
admits that it is engaged in interstate commerce within the meaning
of the Act.
II. THE ORGANIZATIONS INVOLVED
Brotherhood of Railroad Trainmen is a labor organization admit-
ting to membership employees of the Company..
Brotherhood of Locomotive Firemen & Enginemen is a labor organ-
ization admitting to membership employees of the Company.
Lumber and Sawmill Workers Union, Local 2913, is a labor organiza-
tion chartered by United Brotherhood of Carpenters & Joiners of
America, which, in turn, is affiliated with the American Federation
of Labor. It admits to membership employees of the Company.
International Woodworkers of America, Local 6-12, is a labor or-
ganization affiliated with the Congress of Industrial Organizations.
It also admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused, upon request, to recognize any of the
labor organizations here involved unless such labor organization has
been certified by the Board. All parties have stipulated that a ques-
tion concerning representation has arisen.
From a report prepared by the Regional Director and introduced
in evidence, and from proof submitted to the Trial Examiner at the
hearing, it appears that the B. L. F. & E. and the B. R. T. have a sub-
stantial majority in each of the respective units claimed by them to be
appropriate, that the L. &, S. W. has substantial representation among
LONG-BELL LUMBER COMPANY 667
employees other than those claimed by the Brotherhoods, and that the
I. W. A. has a substantial representation among all employees at the
two camps.'
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
The Company, the I. W. A., and 'the L. & S. W.2 contend that the-
unit should consist of all production and maintenance employees at
both camps, excluding supervisory and clerical employees. The
B. L. F. & E. and the B. R. T. would separate from the production
and maintenance 'employees a unit of locomotive engineers, firemen,
hostlers, and hostler helpers and a unit of conductors and brakemen,
respectively.
Union organization of any kind in the two camps in question is of
recent origin. There have never been any elections or prior petitions
with respect to these camps, nor has the Company ever entered into
any bargainivg,,with any tunion with ; respeiit.,,thereto. ,
The Company employs approximately 250 employees at both camps.
These consist of shop employees, loggers, and similar workers, in
addition to the railroad employees. The railroad employees are en-
gaged in -the operation of the Company's private railroad system, used
primarily to haul lumber and supplies between loading stations, the
two camps, and a connection with the Southern Pacific Railroad at
'The unions submitted signed membership cards to the Regional Director and to, the
Trial Examiner at the hearing , which were checked against the Company's pay roll
for June 15 and August 29. 1941 . The tabulation of those which bore signatures
appearing to be genuine is as 'follows :
Number of Brother- L. & S. W. I. W. A.,
errtployees : hood cards cards cards
Firemen and enginemen ---------------------------- 14 13 0 5
Trainmen --------------------------------=------- 15' 9 0 6
Other employees ----------_-_---- --- - -------------- ------ 237 . 0 98 79
zThe petition of the L . & S. W. sought to exclude railroad employees from the appro-
priate unit , but this exclusion was abandoned by amendment at the hearing.
668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Leaf; California.' There are approximately 100 miles of company-
'owned track. The equipment used is for the most part standard rail-
road equipment. The locomotives and other railroad equipment, ex-
cept the freight cars, are owned by the Company. Three of the loco-'
motives must meet the standards of the Interstate Commerce Commis-
sion, because they are used on the connecting tracks of the Southern
Pacific. The freight cars on which the logs are loaded and shipped
are leased by the Company from the Southern Pacific. The record
shows that there are no substantial differences in equipment and in the
method of operating trains between a main-line railroad and the Com-
pany's railroad. The Company employs the standard .signal system
employed-.on other railroads, and its rules governing the operation of
its railroads are practically the same as the rules in effect on main-line
railroads. The same principle of dispatching trains is used except
that in the case of the Company the orders are oral rather than written.
Employees with experience on a main-line railroad are, with little
:special training,' ,qualified to work, on the Company trains. Con-
ve''rsely, experience on the Conipahy railroad enables. such "employees
to work on main-line trains. Before a trainman is hired, he must,pass
an examination given by the Company. Similarly, an applicant for
.a corresponding job on a main-line railroad is subjected to examina-
tion. Some of the trainmen employed by the Company are men who
have had previous railroad experience, and others are Company em-
ployees engaged in other work. Transfers from logging or mill work
-to railroad work within the Company are not ordinarily due to inter-
changeability of work, but are in the nature of promotions usually
made at the request of the employees themselves. However, employees
.without previous railroad experience.who are transferred to.such posi-
tions must undergo a period of training before they become fully
qualified. The Company's railroad employees work 4 days per week
and have more or"less indefinite hours, while other company employees,
for the most part, work 5 days per week and have. definite hours.
The duties and functions of the railroad employees indicate that
they are sufficiently distinct from the remaining employees to con-
stitute separate appropriate. units.4
8 In addition to logs and supplies Company trains have been used from time to time
to haul water for the U . S. Forest Service , and for delivering sheep to the Southern
Pacific as an accommodation to sheep men in the vicinity. The engines carry hose and
haul water'for other company equipment . In case of fire, engines can be used .to pump
water . Engines are also used to haul injured men from the woods to the hospital.
'Matter of Sloss Sheffield Steel d Iron Company and Brotherhood of Railroad Trainmen
et at ., 14 N. L . R. B. 186 ; Matter of Great Lakes Steel Corporation and Brotherhood o]1
Railroad Trainmen et al ., 14 N. L. R. B. 197; Matter of Weyerhaeuser Timber Company
and International Woodworkers of America, Local No. 107, Boommen and Rafters, et al.,
16 N. L. R. B. 902; Matter of Weyerhaeuser Timber Company and International Association
of Machinists, Lodge No. 11,73, affiliated with the American Federation of Labor, et al.,
30 N. L. R. B., No. 124.
. LO'NG-BELL LUMBER COMPANY 669,
The parties were unable to agree as to whether F.. M. Filson and
Jens Christensen should be included with the railroad employees or
with the production and maintenance employees. Those men work,
in part, on a so-called "red car",which is owned and operated by the
Company. It is broad gauge and powered by a gasoline engine. It'is
about 35 feet long and weighs approximately 35,000 pounds, and was
purchased some 20 years ago from a defunct common carrier railroad.:
It is dis-i.dedinto 3 compartments, namely, a cab containing the motor
and controls; a baggage, mail, and express; compartment with sliding
doors; and a passenger compartment containing upholstered seats for
20: people.. It is equipped,with air-brake and communicating-signal
devices, and is of the same general type utilized in short branch line
service by trunk-line railroads. It is used to haul mail, supplies, and
non-paying passengers between Tennant and the Southern Pacific at
Leaf. It runs on definite schedules, making two trips each day, con-
necting with trains of the Southern Pacific,'and interchanging mail,
baggage, express, and passengers at the connecting point. Filson, who
is the postmaster at Tennant, operates the car as a part-time job. He
is compensated 'by the goVernment for his work as, postmaster, and
by the Company for his trips on the "red ear." • He `spends about 6
hours per day on Company work. Christensen is a handy man who
does odd jobs around the cook house and the boarding house. In
addition, he makes a daily trip ou the "red cars" communicating signals
to Filson on the back-up movement, handling. the switches, and looking
after the mail, baggage, and passengers. It was estimated that this
occupies between 25 and 35 per cent of his time.
The R. F: L. & E.'contends that Filson-should` be included with the
engineers and firemen, while the B. R. T. claims that -Christensen
belongs with the conductors and brakemen.. The ^ Company, the
I. W. A., and the L. & S. W. argue that these men are not'railroad
employees and': should therefore be included in - the production and
maintenance unit. From all. the facts, "we.are-of the opinion that the
work of ,these employees on the "red car" is sufficiently related. to
railroad work to justify. their inclusion with the railroad "employees:
We shall therefore include Filson in the enginemen's unit. and Chris-
tensen in the trainmen's unit.
For reasons noted in Section VI below, we shall-exclude the I. W. A.
and the L. & S. W' from the elections among the railroad employees.
In the light of these circumstances and the facts set forth above, we
find that all locomotive engineers, firemen, . hostlers and hostler
helpers, including F. M. Filson, and all conductors and brakemen,
including Jens Christensen, employed on the Company's railroad-at
Tennant and Modoc, Camp 1, . California, each constitute a unit
670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate for the purposes of collective bargaining, and that said
units will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and will other-
wise effectuate the policies of the Act.
With respect to the unit of production and maintenance employees,
the parties were unable to agree as to whether the following employees
should be included or excluded :
(1) Vern. May, F. D. Mead, and B. Parrell sell merchandise over
the counter in the Company's store at Tennant. They are paid on a
monthly basis. The Company seeks their exclusion on the ground that
they are clerical employees, while the I. W. A. and the L. & S. W.
contend that they should be included. In view of their duties, we
shall exclude them from the production and maintenance unit as
clerical employees.
(2) Scalers determine the log scale content of the logs as they are
loaded, and keep a record of those figures. They are paid by the hour,
and have no authority to hire or discharge employees. The Company
contends that these men should be excluded because they are super-
visory employees. The L W. A. and the L. & S. W.'seek their inclusion.
In the light of their duties and functions, we shall include them in
the production and maintenance unit.
We find that all production and maintenance employees of the Com-
pany at Tennant and Modoc, Camp 1, California, including scalers,
but excluding supervisory and clerical employees, and employees in
the units found above. to. be appropriate, constitute a unit appropriate
for the purposes-of collective-bargaining, and that'said unit will-insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and will otherwise effectuate
the policies of the Act.
VI. TIE DETERMINATION OR REPRESENTATIVES
The Brotherhoods seek certification in the two railroad units without
an election. In accordance with our usual practice, however, we hold
that the questions concerning representation which have arisen can
best be resolved by elections by secret ballot.
The I. W. A. expressly stated at the hearing that it did not desire
.to be placed upon the ballots of enginemen or trainmen in the event
that the Board directed elections in the railroad units. The L. & S. W.
reserved decision on this point. It, however, failed to make any show-
ing of representation in these units. We shall therefore exclude both
the I. W. A. and the L. & S. W. from the ballots in the railroad units.
We shall direct that those eligible to vote in the elections shall be
the employees in the appropriate units who are employed by the Com-
LONG-BELL -LUMBER COMPANY 671
pany during the pay-roll period immediately preceding the date of
the Direction of Elections herein, subject to such limitations and addi-
tions as appear in the Direction below.
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 Long-Bell Lumber Company, Kansas City,
Missouri, at its operations at Tennant and Modoc, Camp 1, California,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
2. All locomotive engineers, firemen, hostlers, and hostler helpers
employed on the Company's railroad at Tennant and Modoc, Camp 1,
California, including F. M. Filson, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
3. All conductors and brakemen employed on the Company's rail-
road at Tennant and Modoc, Camp 1, California, including Jens
Christensen, constitute a. unit appropriate for, the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
4. All production and maintenance employees of the Company at
Tennant and Modoc, Camp 1, California, including scalers, but ex-
cluding supervisory and clerical employees, and employees in the units
found above to be appropriate, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
DIRECTION OF ELECTIONS
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 collective bargaining with Long-Bell
Lumber Company, Kansas City, Missouri, at its operations at Tennant
and Modoc, Camp 1, California, separate elections by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Direction of Elections, under the supervision of
the Regional Director for the Twentieth 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 the
employees of Loug-Bell Lumber Company, Kansas City, Missouri,
nt its operations at Tennant and Modoc, Camp 1, California, who fall
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
within the groups indicated below and who were employed by the Com-
pany during the pay-roll period immediately preceding the date of
this Direction of. Elections , 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 tem-
porarily laid off , but excluding those employees who have since quit
or been discharged for cause :
(a) All locomotive engineers , firemen, hostlers , and hostler helpers
on the Company's railroad , including F. M. Filson, to determine
whether or not they desire to be represented for the purposes of col-
lective bargaining by Brotherhood of Locomotive Firemen &
Enginemen ;
(b) All conductors and brakemen on the Company's railroad, in-
cluding Jens Christensen, to determine whether or not they desire to
be represented for the purposes of collective bargaining by Brother-'
hood of Railroad Trainmen;
(c) All production and maintenance employees of the Company,
including scalers, but excluding supervisory and clerical employees,
and employees in the units found above to be appropriate , to determine
whether they desire to be represented for the purposes of collective
bargaining by Lumber and Sawmill Workers Union, Local 2913,
affiliated with the American Federation of Labor, or by International
Woodworkers of America, Local 6-12, affiliated with the Congress
of Industrial Organizations , or by' neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.