Thunder Lake Lumber Co.

National Labor Relations Board - Board Decisions

May 16, 1941

31 N.L.R.B. 928 (N.L.R.B. 1941)

In the Matter of TI-IUNDER LAKE LUMBER COMPANY and LUMBER
& SAWMILL WORKERS UNION, LOCAL #220, INTERNATIONAL WOOD-
WORKERS OF AMERICA (AFFILIATED WITH C. I. O.)•
Case No. R-.488.=Decided May 16, 1941
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question : -stip-
ulated that Company did not believe that the Union represented a majority
and that it would not recognize the union until it is certified by the
Board; election necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company ex-
cept foremen, assistant foremen or other supervisory employees, lumber
graders, log scalers, barn ' boss, watchmen, and clerical employees.
Mr. Clark M. Robertson, of Milwaukee, Wis., for the Company.
Mr. Matthew Savola, of Rhinelander, Wis., for the Union.
Mr. Herbert Shenkin, of counsel for the Board.
DECISION ,
AND
DIRECTION OF ELECTION
I STATEMENT OF THE CASE
On February 21, 1941, Lumber & Sawmill Workers Union, Local
#220, International Woodworkers of America, affiliated with the
Congress of Industrial Organizations, herein called the Union, filed
with the Regional Director for the Twelfth Region (Milwaukee,
Wisconsin) a petition alleging that a question affecting commerce
had' arisen concerning the representation of employees. of Thunder
Lake Lumber Company, Rhinelander, Wisconsin, herein called the
Company, and requesting an -investigation and certification of repre-
sentatives pursuant to, Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On April 3, '1941, 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 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 on
due notice.
31 N. L. R. B., No. 156.
928
I
THUNDER LAKE LUMBER COMPANY 929
On April 10, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to the notice, and amended notices changing the date
of the hearing, all of which were duly served upon the Company
and the Union, a hearing was held on April 22, 1941, at Rhine-
lander, Wisconsin, before Frederick P. Mett, the, Trial Examiner
duly designated by the Chief Trial Examiner. The Company was
represented by counsel and the Union by its- representative; both
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. During the course of the hear-
ing, 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 tliat 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
Thunder Lake Lumber Company is a Wisconsin corporation with
its principal office and place of business at Rhinelander, Wisconsin.
It is engaged in the manufacture, sale and distribution of lumber.
Briefly, its operations consist of the removal of lumber from its own
lands or the purchase of such lumber from others, followed by the
necessary processing operations at the Company's mill in Rhine-
lander. Approximately 10 per cent of the materials used by the Com-
pany in its operations come from points outside the State of Wiscon-
sin. The Company's annual sales are about $650,000, of which approx-
imately 47 per cent is shipped outside the State of Wisconsin. The
Company presently employs about 227 persons.
H. THE ORGANIZATION INVOLVED
Lumber & Sawmill Workers Union, Local #220, International
Woodworkers of America, affiliated with the Congress of Industrial
Organizations, is a labor organization admitting to membership pro-
duction and maintenance employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union, by letter dated March 5, 1941, requested the Company
to bargain with it as the representative of a majority of the Com-
pany's production employees. In reply, to this letter, the Company's
president stated orally to the Union's representative that he did not
elieve the Union represented a majority of the Company's employ-
930 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ees; and that the Company would not bargain with the Union until
the Board had certified the Union after an election duly held for
that Pill pose. These facts were stipulated at the hearing.
A statement of the Regional Director, introduced into evidence,
indicated that a substantial number of the Company's employees,
within the unit alleged and hereinafter found to be appropriate, have
designated the Union as their bargaining representative.'
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 parties stipulated at the hearing that the appropriate unit
should consist of all employees of the Company except foremen,
assistant foremen or other supervisory employees, lumber graders,2
log scalers,' barn boss, watchmen, and clerical employees. Some
question arose at the hearing, however, concerning the inclusion of
the following five employees in the appropriate unit:
Douglas Butterfield is a truck driver and spends most of his time
delivering wood. He picks up orders at the office, loads his truck
with wood, and then delivers and collects for it. The Company
claims he is an ordinary production woiker, and the Union seems to
think that he has some clerical functions. There is no evidence in
the record that he performs any clerical duties. We shall include
him in the unit.
1 The Regional Diiector reported that he had examined six signed applications for mem-
bership in the Union , and a petition signed by 79 persons designating the Union as their
bargaining agency. The Regional Director stated that the membership cards were dated
between May and October 1939, that the petition was ciiculated'between October 5, 1940,
and February 20, 1941. and that the signatures on both the cards and the petition appeared
to be genuine He further stated that all the signatures examined by him were the names
of persons who were on the Company's pay roll for the period immediately preceding March
14, 1941 The record shows that there were 182 persons in the appropriate unit as of that
date. '
2 Lumber graders inspect and measure lumber and appear to have supervisory authority
over a crew of men
3 Log scalers grade logs as they are delivered and determine the basis upon which the
Company pays for them. They are looked upon as company representatives.
THUNDER LAKE LUMBER COMPANY 931
James Solinstaligen also drives a truck and spends most of his
time ' doing work similar to Butterfield's. During his spare time
Sohnstahgen is in charge of the storeroom where he appears to per-
form some clerical duties. The Union would have him excluded from
the unit as a clerical employee; the Company would include him.
Since Sohnstahgen's chief work consists of regular production func-
tions, we shall include him in the unit.
Winfred Pro ft at one time was the foreman in the lathe depart-
ment. When that department was reduced in size, Proft was no
longer designated ag foreman.' There are two or three persons in
the lathe department along with Proft and he has charge over their
work.
Robert Craig is the head filer. He is responsible for the condition
of the saws and has two or three persons under him. Although he
does not have the right to hire or discharge, he does exercise super-
visory authority over these men. The Company would include him
in the unit, and the Union desires a determination by the Board.
Alvin Sachse is an engineer in the boiler room. He is hourly paid
and has no authority to hire or fire. There are five other employees in
the boiler room and Sachse exercises supervisory authority over
them in the absence of the sawmill foreman. '
Proft, Craig and Sachse appear to occupy the status of working'
foremen. We shall exclude all three men from the appropriate unit
as supervisory employees.
,We find that all the employees of the Company except foremen,
assistant foremen or other supervisory employees, lumber graders,
log scalers, barn boss, watchmen, and clerical employees constitute
a unit appropriate for the purposes of collective bargaining, and that
such unit will insure to the 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.
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. The Union
contends that the pay roll of February 21, 1941 should be used be-
cause some 18 new employees have been hired by the Company since
that time who were not intended to be permanent additions to the
Company's force. The record does not sustain this contention of the
Union and, in accordance with our usual policy, we shall direct that
all employees of the Company in the appropriate unit who were em-
ployed during the pay-roll period immediately preceding this Di-
rection of Election, subject to such limitations and additions as are
set forth in the Direction, shall be eligible to vote.
441843-42-vol 31-60
932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above findings of fact and upon the entire
record of the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Thunder Lake Lumber' Company, Rhine-
lander, Wisconsin, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Company, except foremen, assistant fore-
men or other supervisory employees, lumber graders, log scalers,
barn boss, watchmen, and clerical employees, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) 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 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 Thunder Lake Lumber Company, Rhinelander, Wisconsin, 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 of
Election, under the direction and supervision of the Regional Di-
rector for the Twelfth Region, acting in this matter as agent for
the National Labor Relations Board and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among all employees of the
Company who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, including employees
who did not work during said 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 foremen, assist-
ant foremen or other supervisory employees, lumber graders, log
scalers, barn boss, watchmen, 'and clerical employees, and any who
have since quit or been discharged for cause, to determine whether or
not they desire to be represented by Lumber & Sawmill Workers
'Union, Local #220, International Woodworkers of America, affili-
ated with the Congress of Industrial Organizations, for the purposes
of collective bargaining.