Lovegren Mill Co.

National Labor Relations Board - Board DecisionsSep 6, 1943

52 N.L.R.B. 485 (N.L.R.B. 1943)

In the Matter of WILLIAM D. LOVEGREN , AN INDIVIDUAL DOING BUSINESS AS LOVEGREN MILL COMPANY and WILLAMETTE VALLEY DISTRICT COUNCIL , LUMBER & SAWMILL WORKERS , A. F. OF L. Case No. B-5843.-Decided September 6,1943 Mr. William Lovegren , of Curtin , Oreg., for the Company. Mr. C. P. Richards , of Eugene , Oreg., for the Union. Mr. Louis Cokin , of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Willamette Valley District Council, Lumber & Sawmill Workers, A. F. of L., herein called the Union, al- leging that a question affecting commerce had arisen concerning the representation of employees of William D. Lovegren, an individual doing business as Lovegren Mill Company, Curtin, Oregon, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John E. Hedrick, Trial Examiner. Said hearing was held at Eugene, Oregon, on Au- gust 18, 1943. The Company and the Union 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 prej- udicial error and are hereby affirmed. All parties were afforded op- portunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY William D. Lovegren is an individual doing business as Lovegren Mill Company at Curtin, Oregon, where he is engaged in the operation of a sawmill and logging camp. The Company manufactures about 7,000,000 board feet of lumber annually at its sawmill, approximately 90 percent of which is shipped to points outside the State of Oregon. All logs used by the Company are felled within the State of Oregon. 52 N. L. R. B., No. 78. 485 486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATION INVOLVED 'Willamette Valley District Council, Lumber and Sawmill Workers is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the' exclusive col- lective bargaining representative of its employees because it doubts the Union's claim to a majority. , A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial number of employees in the unit -hereinafter found to be appropriate." 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT We find in substantial agreement with a stipulation of the parties, that all production, maintenance, and transportation employees at the Company's mill and logging operations at Curtin, Oregon, excluding office employees and all supervisory employees with 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 purposes 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 means of 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. 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, I The Field Examiner reported that the Union presented 15 membership -application cards hearing apparently genuine signatures of persons whose names appear on the Company's pay roll of July 28, 1943 . There are approximately 50 employees in the appropriate unit. LOVEGREN MILL COMPANY 487 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 representa- tives for the purposes of collective bargaining with William D. Love- gren, an individual doing business as Lovegren Mill Company, Curtin, 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, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and includ- ing employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Willamette Valley District Council, Lum- ber and Sawmill Workers, A. F. of L., for the purposes of collective bargaining. CHAIRMAN MiLLIs took no part in the consideration of the above Decision and Direction of Election.