The Ohio Match Co.

National Labor Relations Board - Board Decisions

Dec 31, 1940

28 N.L.R.B. 833 (N.L.R.B. 1940)

In the Matter of THE OHIO MATCH COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL No. 2-119, AFFILIATED WITH THE
C. I. O.
In the Matter of THE OHIO MATCH COMPANY and MILLMEN'S LOCAL
UNION No. 1716, MATCH BLOCK DIVISION OF THE UNITED BROTHER-
`HOOD OF CARPENTERS AND JOINERS OF AMERICA, A. F. OF L.
Cases Nos . R-2126 and B-2127.-Decided December 31,1940
Jurisdiction : lumbering industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition to either of rival unions in the absence of Board
certification ; election necessary.
Unit Appropriate for Collective Bargaining : all employees engaged in logging
operations, including the shop foreman but excluding the- superintendent,
foremen, sawboss, section foreman, grade foreman, supervisory employees
having authority to hire and discharge employees or to recommend hiring
and discharging, and professional, clerical, and temporary employees.
Mr. A. P.- Bailey and Mr. C. H. Potts, of Coeur d'Alene, Idaho,
for the Company.
Mr. Fred A. Sic f kin and Mr. N. E. Mason, of Coeur d'Alene,
Idaho; for the International.
Mr. R. A. Scott and Mr. Howard Bennett, of Spokane, Wash., for
the United.
Mr. Eugene Purver, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 18 and October 1, 1940, International Woodworkers
of America, Local No. 2-119, affiliated with the C. I. 0.1 herein called
the International, and Millmen's Local Union No. 1716, Match Block
Division of the United Brotherhood of Carpenters & Joiner's of
'-Incompletely designated in the petition and the amended -petition as International
Woodworkers of America.
28'N.-L. R. B., No. 129.
833
834 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
America, A. F. of L.,2 herein called the United, respectively, filed with
the Regional Director for the Nineteenth Region (Seattle, Washing-
ton) a petition alleging that a question affecting commerce had arisen
concerliing the representation of employees of The Ohio Match- Com-
pany, Spokane, Washington, herein called the Company, and request-
ing an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 4,9 Stat. 449, herein
called the Act. ^ On ' October 5 and 7, 1940, respectively, the Interna-
tional and the United filed amended petitions. On October 22, 1940,
the National Labor Relations- Board, herein called the Board, acting
pursuant to Article III, Section 10 (c) (2), of National Labor Rela-
tions Board R'ules and Regulations-Series•2, as amended, consolidated
the two cases and, pursuant to Section 9 (c) of the Act and Article
III; Section 3,.of said Rules and Regulations, ordered an investigation-
and- authorized the Regional Director to conduct it and to. provide
for an appropriate bearing upon due notice.
On'October 25,1940, the'Regional Director issued a notice of 'hearing,
copies of' hich were duly served upon the Company, the International,
and the, United.
Pursuant to notice, a hearing was held in Spokane, Washington, on
November 4, 1940, before Patrick H. Walker, the Trial Examiner duly
designated by the Board. The Company was represented by coun-
sel; the International and the United, by their respective authorized
representatives; all participated in the hearing. Full opportunity'to
be heard, to examine and cross-examine witnesses, and to introduce
evidence 'bearing upon the issues was afforded all parties. At the
hearing the Company moved to dismiss the petitions on the ground that
no question affecting commerce has arisen concerning the representa-
tion of its employees. The Trial Examiner reserved ruling on this
motion. It is hereby denied. 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 com-
mitted. The rulings are hereby affirmed.
Following the hearing, pursuant to leave granted by the Board to
all parties, the Company and the International filed briefs with the
Board.
Upon the entire record in the case, the Board makes the following:
2 Incompletely designated in the amended petition as Milimen's Local Union- #1716,
chartered by' the United Brotherhood of Carpenters & Joiners of America, affiliated with
the American Federation of Labor.
THE OHIO MATCH .COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY 3
835,
The Ohio Match Company is a Delaware corporation, having its
principal business offices in East Spokane, Washington. It conducts
logging operations in the Coeur d'Alene National Forest in northern
Idaho, and, after sawing the timber there cut, ships it to its match-
block factory at Yardley, Washington. There the Company manu-
factures match blocks, which are then sent to the Company's plant
at Wadsworth, Ohio, where the process of converting timber into
matches is completed. In 1938, considered by the Company as a
slow year, the Company shipped 2,578,000 board feet of lumber from
Idaho to its Yardley factory to be made into match blocks and all
the completed match blocks were shipped to Wadsworth, Ohio. , The
matches completed in Wadsworth are sold by the Company through-
out the United States.
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local No. 2-119, affili-
ated with the C. I. O., is a labor organization admitting to member-
ship employees of the Company engaged in logging operations, except
professional employees and employees who have the right to hire
and- discharge.
Milllnen's Local Union No. 1716, Match Block Division of the
United Brotherhood of Carpenters & Joiners ofAmerica, A. F. of L.,
is a labor organization admitting to membership employees of the
Company engaged in logging operations, except supervisory, office,
professional, and temporary employees. _
III. THE QUESTION CONCERNING REPRESENTATION
On August 1, 1940, the International, claiming to represent a
majority of the employees of the Company engaged in logging opera-
tions in northern Idaho, sought a meeting with the Company in
order to negotiate a bargaining agreement. 'On August 19, 1940, the
Company asked for proof that the International represented the
majority claimed. On August 29, 1940, the International submitted
to the Company an affidavit to the effect that 140 employees of the
Company had signed a petition designating the International as
s At the hearing the manager of the Company 's Western operations testified that the
present status of the business of the Company is substantially the same as is set forth
under the headings "Findings of Fact, I The Business of the Respondent," contained in
the Decision and Order issued by the Board on May 4, 1939, in Matter of The Ohio
Match Company and Lumber and Sawmill Workers Union. Local No. 100 , International
Woodworkers of America, 12 N. L . R. B. 683, 686.
413597-42-vol 28-54
836 DECISIONS OF- NATIONAL - LABOR RELATIONS BOARD
their collective bargaining- agent. On September 23, 1940, the Com-
pany notified the International that it would not bargain with it
in the absence of certification, by the Board that the International
represents a majority of 'the employees in a unit appropriate for
collective bargaining purposes. On the same day the United, claim-
ing to represent a majority of the employees of the Company engaged
in its logging operations, sought a meeting with the Company in
order to negotiate a bargaining agreement. On September 25 the
Company notified the United that it would not bargain with it in
the absence of Board certification.
At the hearing there was introduced in evidence a report prepared
by a Field Examiner of the Board showing that the International
and the United each represents a substantial number of the em-
ployees of the Company .4
We find that a question has arisen concerning 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 rela-
tion 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.
4'The statement of the Field Examiner concerning Claims of Authorization for the
Purpose of Representation shows that the International submitted to him the following :
a petition designating the International as bargaining agent , dated August 26, 1940,
containing 140 apparently genuine, original signatures , 127 of which were those of persons
whose names appear on the Company 's September 1940 pay roll , 3 of persons who are
listed as having been laid off during August 1940 , and 10 of persons who aie listed neither
on the September pay roll nor as having been laid off during August ; and 188 witnessed
membership application cards , all but 4 dated between June and October 3, 1940, and all
bearing apparently genuine, original signatures , 143 of which were those of persons whose
names appear on the Company 's September 1940 pay roll, 35 of persons listed by the
Company as having been laid off during , August 1940 , and 10 of persons who are listed
neither on the September pay roll nor as having been laid off during August. The Field
Examiner reported in summary that of the 249 persons listed on the Company 's September
pay roll 164 have designated the International as their bargaining agent ; of the 48
persons listed as having been laid off during August, 35 have so designated the Interna-
tional ; and 17 other persons have also so designated it. The statement of the ' Field Ex-
aminer further shows that the United submitted to him the following : 30 unwitnessed
membership application cards, all but 3 dated between August and October 3, 1940, and
all bearing apparently genuine, original signatures of persons whose names appear on the
September 1940 pay roll ; and a membership list containing 77 names ' ( including the 30
on the membership application cards ), of which 68 appear on the September 1940 pay roll,
1 is listed as having been laid off in August 1940, and 8 are listed neither on the September
pay roll nor as having been laid off during August.
.THE' OHIO MATCH -COMPANY
V. THE APPROPRIATE UNIT
837
With certain exceptions, discussed below, both unions claim that the
unit appropriate for the purposes of collective bargaining consists of
all employees of the Company's logging operations in the Coeur
d'Alene National Forest in northern Idaho, known as the Burnt Cabin
Operation.5 The -International desires to exclude from the unit the
superintendent, foremen, straw bosses, supervisory employees having
the right to hire and discharge employees or to recommend such hiring
and discharging, and professional and clerical employees. The
United seeks to exclude, from the unit professional, clerical, and tem-
porary employees, and supervisory employees with the right to hire
and discharge employees.
The temporary employees whom the United desires to exclude from
and the, International to include in the unit are defined by the Com-
pany as those "hired for a certain piece of work that is usually fin-
ished and does not continue over the whole operation." Such tem-
porary employment is generally concerned with road and camp
construction necessary to a logging operation and may extend over a
period ranging from 1 week to 3 months. It does not appear that tem-
porary employees, as distinguished from the regular working crews
who are hired year after year, have an expectation of reemployment
by the Company from season to season or after the termination of the
particular job for which they are hired. We find that temporary
employees should be excluded from the unit."
The unions agree that employees who have the authority to hire and
discharge employees 7 should be excluded from the unit. We shall so
exclude them. In addition, the unions agree that the section fore-
man," grade foreman, and foremen should be excluded from the unit
because of their supervisory positions. We shall so exclude them.
The International wishes to exclude from the unit all persons with
the right to recommend hiring and discharging. The United made
no specific objection to this. It does not appear from the record how
many persons other than the section foreman exercise such author-
ity. We shall, however, exclude such-persons from the unit.
6 While not strictly accurate , it appears that the unions refer to the Company's only
present logging operation as the Burnt Cabin Operation.
1 I It` appears that in addition to temporary employees the Company has had in its employ
a number of employees , ordinarily classified as permanent , in connection with the opera-
tion of a logging railroad which the Company has discontinued and dismantled and does
not contemplate using hereafter . The Company therefore desires to exclude from the unit
these railroad employees together with the temporary employees. Since , however, in the
election which we are hereinafter directing only those employees who are in the Company's
employ in June 1941 will be permitted to vote, we shall not exclude the railroad em-
ployees, as such, from the unit If in June 1941 the Company has no railroad employees
on its pay roll, they will , of course, not be permitted to vote.
7 7 There aie only two such employees: the superintendent and the woods superintendent.
8 It appears that he exercises authority to recommend hiring and discharging employees.
838 DECISIONS OF_ NATIONAL -LABOR RELATIONS BOARD
The International wishes to exclude the shop foreman from the unit;
the United to include him. The shop foreman is a mechanic, devoting
at least 75 per cent of his time to manual labor, and having no author-
ity either to hire or discharge employees or to make recommendations
with respect thereto. Aside from his title, there is no evidence that
he exercises any specific supervisory duties. In the absence of such
evidence, we shall include him in the unit.
The International wishes to exclude the sawboss from the unit; the
United to include him. At the hearing, the manager of the Com-
pany's Western operations testified that the sawboss "is a straw boss °
under" the woods superintendent and is "a kind of a foreman," assist=
ing the woods superintendent. We shall exclude the sawboss from
the unit.
We find that all employees of the Company's logging operations in
the Coeur d'Alene National Forest in northern Idaho, known as the
Burnt Cabin Operation, including the shop foreman but excluding the
superintendent, foremen, sawboss, section foreman, grade foreman,
supervisory employees having authority to hire and discharge em-
ployees or to recommend hiring and discharging, and professional,
clerical, and temporary employees, 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 otherwise effectuate the
policies of the Act. -
W. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the represen-
tation of employees of the Company can best be resolved by an election
by secret ballot.
The Company's logging operations are seasonal and are not con-
ducted during the winter. The Company normally restun6s -its
logging operations in May or June and attains full operation about
the first of July. In 1941 the Company intends to employ only about
half the number of employees employed by it during the 1940 season.
In view of these facts, the International, the' United, and the Company-
agreed at the hearing that the election should be held at the end of
June 1941, in order to insure a normal pay roll. We shall accordingly
direct an election to be held as soon as possible after July 1, 1941, but
not later than July 15, 1941, and shall provide that the employees
within the appropriate unit whose names appear upon the pay roll of
the Company for the last pay-roll period,in June 1941, excluding any
9 So far as appears, the sawboss is the only "straw boss " employed by the Company
THE' -OHIO MATCH COMPANY, 839
who will since have quit or been discharged for cause, shall be those
-eligible to vote therein.
Upon the basis of the above findings of fact and. the entire record in
the case, the Board makes the following:
CONCLUSIONS OF LAw
1. A question affecting commerce has arisen concerning the represen-
tation of employees of The Ohio Match Company, Spokane, Wash-
ington, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the Act.
2. All employees of the Company's logging operations in the Coeur
d'Alene National Forest in northern Idaho, known as the Burnt
Cabin Operation, including the shop foreman, but excluding the
superintendent, foremen, sawboss, section foreman, grade foreman,
supervisory employees having authority to hire and discharge em-
ployees or to recommend hiring and discharging, and professional,
clerical, and temporary employees, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the 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 Rela-
tions ,Act, and pursuant to Article III, Section 8, of National
Labor Relations 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 Ohio Match Company, Spokane, Washington, an election by
secret ballot shall be conducted as soon as possible after July 1, 1941,
but not later than July 15, 1941, 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
employees of The Ohio Match Company's logging operations in the
Coeur d'Alene National Forest in northern Idaho, known as the
Burnt Cabin Operation, whose names appear upon the pay roll of the
Company for the last pay roll period in June 1941, including,the
shop foreman, but excluding the superintendent, foremen, sawboss,
section foreman, grade foreman, supervisory employees having au-
thority to hire and discharge employees or to recommend hiring and
discharging, professional, clerical, and temporary employees, and
840 DECISIONS ' OF. NATIONAL'' LABOR RELATIONS BOARD
any who will since have quit or been discharged for cause, to deter-
mine whether they desire to be represented by. International Wood-
workers of America, Local No. 2-119, affiliated with the C. I. O., or
by Millmen's Local Union No. 1716, Match Block Division of the
United Brotherhood of Carpenters and Joiners of America, A. F. of
L., for the purposes of collective bargaining, or by neither.
CHAIRMAN HARRY A. MrLLis took no part in the consideration of
the above Decision and Direction of Election.