The Hanset Co.

National Labor Relations Board - Board Decisions

Apr 9, 1946

67 N.L.R.B. 125 (N.L.R.B. 1946)

In the Matter of THE HANSET COMPANY and , INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL UNION 5-238, CIO
Case No. 19-R-1689.-Decided April 9, 1946
Messrs. Siward Sparks and Eugene Hanset, and Mrs. Irma Hanset,
of Tillamook, Oreg., for the Company.
Messrs. A. F. Hartung and Harvey R. Nelson, of Portland, Oreg.,
for the CIO.
Mr. Doyle Pearson, of Portland, Oreg., and Mr. L. G. Carroll, of
Tillamook, Oreg., for the AFL.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Woodworkers of
America, Local Union 5-238, CIO, herein called the CIO, alleging
that a question affecting commerce had arisen concerning the rep-
resentation of employees of The Hanset Company, Tillamook,
Oregon, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Erwin A. Peterson, Trial Examiner. The hearing was held at Tilla-
mook, Oregon, on February 12, 1946. At the commencement of the
hearing, the Trial Examiner granted a motion to intervene, made by
Lumber and Sawmill Workers, Local Union 2609, chartered by United
Brotherhood of Carpenters and Joiners of America, AFL, herein
called the AFL. The Company, the CIO, and the AFL appeared and
participated. All parties 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 prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Hanset Company, a partnership consisting of Irma D. Hanset,
and Eugene Hanset, is licensed to do business in the State of Oregon,
67 N. L. R. B., No. 16.
125
126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and maintains its principal office and place of business in Tillamook,
Oregon. The Company operates a sawmill at Tillamook, Oregon.
The Company began operations there in June 1945. The monthly
value of timber used at the mill is approximately $5,000. The Com-
pany's monthly sales of finished products total approximately $10,000,
of which about 50 percent is shipped to points outside the State of
Oregon.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local Union 5-238, af-
filiated with the Congress of Industrial organizations, is a labor
organization admitting to membership employees of the Company.
Lumber and Sawmill Workers Local Union 2609, chartered by
United Brotherhood of Carpenters and Joiners of America, affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During the early part of December 1945, a representative of the
CIO orally notified the Company that it claimed to represent a ma-
jority of the Company's employees and requested recognition as their
bargaining agent. The Company refused to grant such recognition
until the CIO was certified by the Board in an appropriate unit.
The Company purchased the sawmill and began operations in June
1945. On August 10, 1945, the Company and the AFL executed a
written contract 1 covering all employees of the Company whom the
CIO now seeks to represent, with the exception of the sticker depart-
ment which was not installed at that time. The contract contained the
following termination provision :
When either party to this Agreement desires to modify or
terminate this Agreement or any clause in this Agreement, they
shall give at least thirty (30) days written notice to such action,
and also state what clause or modification are to come under nego-
tiations.
If neither party to this Agreement desires any adjustment or
modification of this Agreement by the termination date, then it
shall be agreed by both parties that this Agreement is in effect
for another year after this termination date, August 10, 1945.
I At the hearing the Company claimed that its superintendent, who signed the 1945
contract for the Company , was not authorized to enter into such agreements . However,
on October 28, 1945, the Company negotiated a wage agreement with the AFL ; its letter
of December 1945, referred to, supra, recognizes the 1945 contract with the AFL ; there-
fore, apparently the Company subsequently adopted this contract.
TIE HANSET COMPANY 127
On December 15, 1945, the Company, in a registered letter notified the
AFL that it wished to terminate the contract "on the expiration of
this thirty-day notice, as allowed in Article 9 of said contract."
The AFL contends that the August 1945 contract is a bar to the
instant proceedings. Specifically, it argues that the clause, as set forth
above, was originally written and is to be interpreted to provide for
modification or termination, at any time upon 30 days' notice, of "any
clause in this agreement" and not for modification or termination of
the entire agreement prior to the end of its initial term of 1 year. The
Company and the CIO argue that the 1915 contract does not bar a
current determination of representatives.
It is patent from the termination provision of the 1945 agreement
that it was a contract terminable at will on 30 days' written notice.
.In view of that fact,2 and in view of the action of the Company pur-
suant to the terms of that provision, we are of the opinion that there
is no merit in the AFL's position. Accordingly, we find that the
1945 contract does not preclude a present determination of
representatives.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the unit found appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The CIO contends that all production and maintenance employees
of the Company's Tillamook operation, including the relief man or
sticker foreman, but excluding all office employees, the filer foreman,
and all other supervisory employees, constitute an appropriate unit.
The Company and the AFL seek to exclude the sticker foreman, but
otherwise agree with the CIO's position.
The record indicates that the sticker foreman supervises the work
of four to five employees. He has the authority effectively to recom-
mend the hiring, discharging, and disciplining of employees in his
department. It is apparent that he is vested with supervisory author-
ity within the meaning of our customary definition. Hence, we
shall exclude him from the unit.
We find that all production and maintenance employees at the Com-
pany's Tillamook, Oregon, plant, excluding all office employees, the
2 See Matter of Ionia Deak Company , 59 N. L R B. 1522.
8 The Field Examiner reported that the CIO submitted 20 application for membership
cards ; that there are 20 employees in the alleged appropriate unit ; that all the cards
were dated December 11, 1945; and that the AFL relied on its contractual relationship
with the Company to substantiate its claim of interest.
128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
filer foreman, the sticker foreman, and all other supervisory employ-
ees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend such action, constitute an appropriate unit 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 an election by secret ballot among employ-
ees 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Hanset Com-
pany, Tillamook, Oregon, an election by secret ballot shall be con-
ducted 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
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work dur-
ing said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether they desire to be represented
by International Woodworkers of America, Local Union 5-238, CIO,
or by Lumber and Sawmill Workers Local Union 2609, chartered by
United Brotherhood of Carpenters and Joiners of America, AFL,
for the purposes of collective bargaining, or by neither.