The Long-Bell Lumber Co.

National Labor Relations Board - Board Decisions

Apr 3, 1942

40 N.L.R.B. 175 (N.L.R.B. 1942)

In the Matter of THE LONG-BELL LUMBER COMPANY and INTERNA-
TIONAL WOODWORKERS OF AMERICA, LOCAL No. 6-12, C., I. O.
Case No. R-3619.-Decided April 3, 1942
Jurisdiction : lumbering industry.
Investigation and Certification of Representatives: existence of question : refusal
to accord petitioner'or any other labor organization recognition until certified
by the Board; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory and clerical employees ; stipulation as to ; em-
ployee spending not more than 50 per cent of his time in supervisory duties
included.
Mr. David E. McLean, of Longview, Wash., for the Company.
Mr. George Brown, of Klamath Falls, Oreg., for the C. 1. 0.
Mr. J. G. Wolf, of Portland, Oreg., for the A. F. of L.
Mr. Fred A. Dewey, of counsel to the.Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 21, 1941, International Woodworkers of America,
Local No. 6-12, C. I. 0., herein called the C. I. 0., filed with the Re-
gional Director for the Nineteenth Region (Seattle, Washington) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Long-Bell Lumber
Company, Klamath Falls, Oregon, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On February 24, 1942, 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 Rela-
tions 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. On March 3,
1942, the Regional Director issued a notice of hearing, copies of which
were duly served upon the Company, the C. I. O., and Lumber and
40 N. L. R. B., No. 25.
175
176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-Sawmill Workers, Local 2898, A. F. of L., herein called the A. F. of L.,
a labor organization claiming to represent employees directly affected
by the investigation. Pursuant to notice, a hearing was held on
March 11, 1942, at Klamath Falls, Oregon, before Louis S. Penfield,
the. Trial Examiner duly designated by the Chief Trial Examiner.
The Company,-the C.1.0., and 'the A. F. of L. appeared by'their rep-
resentatives and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to -introduce evi-
dence bearing on the issues was afforded-all parties. The Board has
reviewed the rulings of the Trial Examiner made at the hearing 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
The Long-Bell Lumber Company is a Missouri corporation with Its
principal office in Kansas City, Missouri. It is engaged in the-produc-
tion, distribution, and sale of logs, lumber, and lumber products. In
connection with its business, the Company operates a sawmill and
planing mill at Klamath Falls, Oregon. It also owns and operates
mills in several other States. Logs used by the Company at its Kla-
math Division are supplied from the Klamath Indian Reservation
where the logs are loaded on trains and transported via the Southern
Pacific Railroad, a common carrier, to the mill at Klamath Falls. In
1941, the Company received approximately 40,000,000• feet of pine
logs which it manufactured into lumber. In the year .1941, approxi-
mately 40,000,000 feet of lumber was produced at the Klamath Division
of which approximately 99 percent was sold and shipped to points out-
side the State of Oregon. The Company admits that it is engaged in
commerce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local No. 6-12,-C. I.'O., and
Lumber and Sawmill Workers, Local 2898, A. F. of L., are Tabor
organizations admitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
It was •stilpulated by ithe parties and we find that the C. I. 0. ^re-
quested the-Company fo, recobnize it as the exclusive representative of
the employees of the Company's Klamath Division and that-the-Coln-
pany at that time and at all times since, has refused to recognize the
THE LONG-BELL LUMBER COMPANY .177
C.J. 0. or any other labor organization as such representative until
such.labor,organization has been certified-by the Board.
A statement of a representative of -the Regional Director introduced
in evidence at the hearing shows that the,C. I. 0. represents a substan-
tial number of employees in the unit below found. appropriate
- 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 severahStates and
tends'to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
Subject only to a controversy as to whether Art Schuck should be
included in or excluded from "the'bargairiing unit,2 the parties stipu-
lated the appropriateness of the unit hereinafter found. At the date
of.the,hearing,,Schuck-was employed as a shipping clerk and tallyman'
on the- nightshift. As shipping clerk he was in charge of a lerew tof
three men but was without authority .to hire or'fire the 'men :subject
to his direction. From 50 to 60 percent of his time was spent as a
tallyman which involved no supervisory duties. From the evidence it
further appears that Schuck will soon be transferred to the position of
a grader, a position which involves no supervisory functions. We find
that his interests are more closely allied with the interests ,of the,em-
ployees than with those of the management. We shall therefore in-
elude him in the unit.
r The statement shows that the C I 0 submitted 76 signed and dated authorization cards
of which 61 were found to bear names appearing on the pay roll of the Company as of
November 17, 1941 The said 61 authorization cards appealed to the Field Attorney to
bear genuine signatures and were dated as follows . during March 1941, 2 ; during Sep-
tember 1941, 6 ; during October 1941, 44 ; during November 1941, 7 ; during December
1941, 2 The statement of the Field Attorney also shows that A. F. of L. presented 19
signed and dated authorization cards all of which appeared to the Field Attorney to bear
genuine, original signatures They were all dated betneen November 24, 1941, and Decem-
ber 1J, 1941; 17 of the said 19 cards bore the names of persons whose names appeared on
the Company's pay toll dated November 17, 1941 Six names appeared on the authoriza-
tion cards of'both of the above-named unions At the hearing the A F. of L submitted
9 authorization cards to the Trial Examiner, all of which are dated-in March 1942, and
all 01 which appeared to the Trial, Examiner to bean genuine, original signatures Of
these, 4 bear the names of persons on the November 17, 1941, pay roll In addition, the
A F of L submitted 5, application cards, the signatures thereon appearing to be genuine
and original and bearing the names of persons on the cnrent pay roll of the Company.
The appropriate unit is comprised of approximately 149 Dersons
z The Company desired that Schick be excluded, the unions sought his inclusion
455771-42-vol 40--12
178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees at the Com-
pany's mill at Klamath Falls, Oregon, including _Art, Schuck, but
excluding supervisory and clerical employees, 'constitute a unit ap-
propriate 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 collective bargaining and otherwise will ef-
fectuate 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. We shall
direct that the employees of the Company eligible to vote in the
election shall be those 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.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following : J
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Long-Bell Lumber Company, Klamath
Falls, Oregon, within the, meaning of Section 9 (c) arid. Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees at the Company's mill
at Klamath Falls, Oregon, including Art Schuck, but excluding super-
visory and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining within the'meaning of Section 9 (c)
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 The Long-Bell Lumber Company, Klamath Falls, 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 Rela-
tions Board and subject to Article III, Section 9, of said Rules and
THE LONG-B'ELL LUMBER COMPANY 179
Regulations, among the production and maintenance employees of the
Company at its mill at Klamath Falls, Oregon, who were employed
during the pay-roll period immediately preceding the date of this
Direction of Election, including Art Schuck and 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 temporarily laid off, but excluding supervisory and clerical
employees and employees who have since quit or have been discharged
for cause, to determine whether they desire to be represented by Inter-
national Woodworkers of America, Local No. 6-12, C. I. 0., or by
Lumber and Sawmill Workers, Local 2898, A. F. of L., for the pur-
poses of collective bargaining, or by neither.