Weyerhaeuser Timber Co.

National Labor Relations Board - Board Decisions

Feb 20, 1942

39 N.L.R.B. 48 (N.L.R.B. 1942)

In the Matter Of WEYERHAEUSER TIMBER COMPANY, KLAMATH FALLS
BRANCH and LUMBER AND SAWMILL WORKERS UNION, LOCALS NOS.
2820 AND 2924, AFFILIATED WITH A. F. OF L.
Case No. R-3468.-Deeided February 00, 1942
Jurisdiction lumber industry.
Investigation and Certification of Representatives : existence of question • dispute
as to appropriate unit; election necessary.
Unit Appropriate for Collective Bargaining : employees engaged in logging opera-
tions separate from mill operations in view of existing state of labor organiza-
tion among employees of the Company held appropriate; scalers included and
supervisory, clerical, machinists, conductors, brakemen, firemen, engineers, and
hostlers employed on logging trains excluded from the unit.
Mr. W. E. Herdinger , of Tacoma, Wash., for the Company.
Mr. J. G. Wolf, of Portland , Oreg., for the A. F. of L.
Mr. A. F. Hartung, of Portland , Oreg., and Mr. George Brown, of
Klamath Falls, Oreg., for the I. W. A.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 4 and December 17, 1941, respectively, Lumber and
Sawmill Workers Union, Locals No. 2820 and 2924, affiliated with
A. F. of L., herein called the A. F. of L., filed with the Regional
Director for the Nineteenth Region (Seattle, Washington) a petition
and an amended petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Weyer-
haeuser Timber Company, Klamath Falls, Oregon, 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 December 22, 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,
39 N. L. R. •B., No. 11.
48
r
WEYERHAEUSER TIMBER COMPANY 49
as amended, ordered an investigation and authorized the Regional
Director to conduct it and.to provide for, an, appropriate hearing upon
due notice.
' On January 6, 1942,• the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the A. F.
of L., and upon International Woodworkers of America, Local 6-12,
herein called the I. W. A., a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on January 19, 1942, at Klamath Falls, Oregon,
before Harry George; the Trial Examiner duly designated by the Chief
Trial Examiner. The Company; the A. F. of L., and the I. W. A.
were represented and participated in the hearing. Full' oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
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 these rulings and finds that no prejudicial
errors were committed. The rulings are hereby affirmed.
On February 2, 1942, the Company filed a brief which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Weyerhaeuser Timber Company is a Washington corporation en-
gaged in logging operations and in the processing and sale of fir,
cedar, pine, and hemlock timber. It operates manufacturing branches
in the States of Washington and Oregon. This proceeding concerns
only its operations at Klamath Falls, Oregon. During 1940 the
Company produced, approximately 200,000,000 feet of lumber at
its Klamath Falls operations, about 85 percent of which are shipped
by it to points outside the State of Oregon. All the logs used at
the, Klamath Falls plant are shipped to it from points within the
State of Oregon. The Company employs approximately 1,200
persons in its Klamath Falls operations.
II. THE ORGANIZATIONS INVOLVED
Lumber and Sawmill Workers Union, Locals Nos 2820 and 2924,
United Brotherhood of Carpenters and Joiners of America, are labor
organizations affiliated with the American Federation of Labor.
They admit to membership employees of the Company.
International' Woodworkers of America, Local 6-12, is a labor
organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On'September 17, 1941, the A. F. of L., claiming to represent a
majority of the employees in the Company's logging operations at
Klamath Falls, requested the Company for a collective bargaining
conference. On September 30, 1941, the Company denied this re-
quest, stating that it believed the unit claimed by the A. F. of L.
was inappropriate.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, shows that the A. F. of L. and the I. W. A.
each represents a substantial number of employees in the alleged
appropriate unit."
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 A. F. of L. and the I. W. A. agree that all employees in the
logging operations at the Klamath Falls branch of the Company,
excluding supervisory and clerical employees, machinists, and con-
ductors, brakemen, firemen, engineers, and hostlers employed on
logging trains, constitute an appropriate unit.
The Company contends that its employees in all of its operations
at the Klamath Falls branch constitute an appropriate unit. The
Company maintains a lumber mill and box factory at Klamath Falls
in conjunction with its logging operations in that vicinity. It
employs approximately 850 persons in its mill and about 300 in its
logging operations. The Company has a single manager for its
entire Klamath Falls operations and all logs felled in the logging
operations at Klamath Falls are used by the Company in its mill
at that point. The Company maintains that all its activities at
Klamath Falls constitute a single integrated operation. As stated
I The Field Examiner reported that the A F. of L. presented 111 membership application
cards bearing the names of persons who appear on the November 1941 pay roll of the Com-
pany. He further reported that the I W A presented 83 membership application cards
bearing the names of persons who appear on the Company 's pay roll of November, 1941.
There are approximately 388 employees on this pay roll.
WEYERHAEUSER TIMBER COMPANY 51
above, the A. F. of L. and the I. W. A. urge that the logging em-
ployees be set up as a separate unit. There is no evidence that the
majority of the mill employees of the Company belong to either
union; nor has any labor organization organized the Company's
employees at Klamath Falls on a single unit basis. Consequently,
unless the logging employees are recognized as a separate unit, there
can be no collective bargaining agent whatsoever for these workers
at the present time. It is obviously desirable that, in a determination
of the appropriate unit, collective bargaining by the Company's
employees be made an immediate possibility. We have often held
that employees engaged in logging operations and those employed
at a nearby sawmill may constitute separate appropriate units, even
though the single employer operates them as an integrated enterprise.'
In view of the existing state of labor organization among the
employees of the Company and in order to insure to the logging
employees the full benefit of their right to self-organization and to
collective bargaining and otherwise to effectuate the policies of the
Act, we conclude that the employees engaged in logging operations
at the Klamath Falls branch of the Company constitute a unit
appropriate for the purpose of collective bargaining.
The Company carries on its pay roll four employees classified as
scalers. The A. F. of L. and the I. W, A. urge that they be included
in the unit of woods employees and the Company that they be
--excluded. These persons measure the felled logs in the woods and
record the number of board feet in them. The amount of pay for
the fallers and buckers is determined by the reports submitted by
the scalers. Scalers have no supervisory authority and are paid on
an hourly basis. We shall include the scalers in the appropriate unit.
We find' that all employees in the logging operations at the Klamath
Falls branch of the Company, including scalers, but excluding super-
visory and clerical employees, machinists, and conductors, brakemen,
firemen, engineers, and hostlers employed, on logging trains, con-
stitute 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 will 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 the holding of an election by secret
ballot. The Company maintains a construction crew, which works in
See•Matter of Algoma Lumber Company and Lumber and Sawmill TVorkers Union, Local
No 2568, chartered by United Brotherhood of Carpenters and Joiners of America , affiliated
with the A . F. of L., et al ., 32 N L. R. B., No. 9.
52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the woods in the spring, summer, and fall of each year., However,
due to climatic conditions the construction crew is forced to cease
operations in the winter. They resume their duties near the middle
of May of each year. • This class of employees is admittedly in
the unit. The I. W. A. urges that no election be held in this pro-
ceeding until thirty (30) days after the resumption of the con-
struction crew's operations so that those employees might be afforded
an -opportunity to vote. The A. F. of L. asks that an immediate
election be held. The company took no position with respect to the
construction crew. It appears that many of the construction crew
return to work each year at the resumption of operations and that
the Company attempts to reemploy its former construction workers.
Under these circumstances, it appears that these employees fall .in
the category of employees temporarily laid off and that, therefore,
they will be eligible to vote in the election under the terms of our
usual Direction, which includes as eligible employees temporarily
laid off. We find that employees of the Company eligible to vote
in the election shall be those in the appropriate unit who were em-
'ployed during the pay-roll period immediately preceding the date
of the Direction of Election herein, and those who were "temporarily
laid off, as discussed above, subject to the other 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:
CONCLUSIONS OF LAW "
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Weyerhaeuser Timber Company, Klamath
Falls, Oregon, within the meaning of Section 9 (c) and Sections 2,
6, and 7 of the National Labor Relations Act.
2. All employees in the logging operations at the Klamath Falls
branch of the Company, including scalers, but excluding super-
visory and clerical-employees, machinists, and conductors, brakemen,
firemen, engineers, and hostlers employed on the logging trains,
constitute a unit appropriate for 'the purposes of collective bargain-'
ing, 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
Relations Act and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
WEYERHAEUSER TIMBER COMPANY 53
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Weyerhaeuser Timber Company, Klamath Falls, Oregon, an
election by secret ballot shall be conducted as soon 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, Section 9, of said
Rules and Regulations, among all employees in the logging opera-
tions at the Klamath Falls branch of the Company who were em-
ployed during the pay-roll period immediately preceding the date
of this Direction, including scalers 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, by excluding supervisory and clerical employees;
machinists ; conductors, brakemen, firemen, engineers, and hostlers
employed on the logging trains; and employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by Lumber and Sawmill Workers Union, Locals
Nos. 2820 and 2924, affiliated with the American Federation of Labor,
or by International Woodworkers of America, Local 6-12, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining, or by neither.
CHAIRMAN MIlais took no part in the consideration of the above
Decision and Direction of Election.