White Star Lumber Co.

National Labor Relations Board - Board Decisions

Jul 13, 1940

25 N.L.R.B. 363 (N.L.R.B. 1940)

In the Matter Of WHITE STAR LUMBER COMPANY and LUMBER AND SAW-
MILL WORKERS' UNION, LOCAL No. 2834, CHARTERED BY THE UNITED
BROTHERHOOD OF CARPENTERS ' AND JOINERS OF AMERICA, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
Case No. R-1876.-Decided July 13, 1940
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; refusal to accord recognition to union;
contract for undue length of time to which petitioning representative is a party
not asserted as a bar; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees of the Company in and about its logging operation and sawmill at
Whites, Washington, excluding supervisory and clerical employees, truck
drivers, and persons employed in the store and Montesano retail yard.
Mr. Thomas P. Graham, for the Board.
Mr. W. S. Westover, of Whites, Wash., for the Company.
Mr. Howard W. Hedgeock, of Seattle, Wash., for the Lumber and
Sawmill Workers.
Mr. Perry R. Gershon, of Seattle, Wash., for the I. W. A.
Mr. William Bonallo, of Aberdeen, Wash., for the Teamsters.
Mr. Daniel J. Harrington, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 12, 1940, Lumber and Sawmill Workers Union, Local No.
2834, chartered by the United Brotherhood of Carpenters and Joiners
of America, affiliated with the A. F. of L., herein called the Lumber
and Sawmill Workers, filed with the Regional Director for the Nine-
teenth,Region (Seattle, Washington), a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of White Star Lumber Company, a corporation, Whites,
Washington, herein called the Company, and requesting an investiga-
tion-and certification of representatives pursuant to Section 9 (c) of
the National Labor Relation's Act,' 49 Stat. 449, herein called the Act.
25 N. L. R. B, No. 48.
363
364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 8 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 upon due notice.
On May 14 the .Regional Director issued a notice of hearing,' copies
of which were duly served upon the Company; upon the Lumber
and Sawmill Workers; and also upon International Brotherhood of
Teamsters, Chauffeurs, Stablemen and Helpers of America, Local No.
699, herein called the Teamsters," and International Woodworkers of
America, Local No. 22, herein called the I. W. A., both labor
organizations claiming to represent employees directly affected by the
investigation?
Pursuant to the notice a hearing was held on June 6 at Montesano,
Washington, before Thomas P. Graham, the Trial Examiner duly
designated by the Board. The Board, the Company, the Lumber and
Sawmill Workers, the I. W. A., and the Teamsters were represented
by counsel or their representatives and participated in the hearing.
Full opportunity 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 the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
On June 22 the Lumber and Sawmill Workers submitted a brief,
which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
White Star Lumber Company is a Washington corporation, with
an office and place of business at Whites, Washington. It is en-
gaged in the logging, production, sale, and distribution of lumber.
In connection with its business, the Company owns and operates
a sawmill at Whites, Washington, and conducts logging operations
about 6 miles distant therefrom. It produces annually about 21,-
000,000 feet of lumber having a sale value of about $400,000, f. o. b.
'The notice of heating was dated March 14, 1940. At the hearing the Trial Examiner
on his own motion amended the date to read May 14, 1940
2 Notice of hearing was also served upon Grays willapa Harbors District Council No. 3,
International woodworkers of America That labor organization neither appeared at the
heating nor otherwise participated in the proceedings
WHITE STAR LUMBER COMPANY 365
Whites. Approximately 90 per cent of all lumber sold by the
Company is shipped from Whites to destinations outside the State
of Washington . Its principal customers are located in the Middle
West.
The Company concedes that its business and operations affect
commerce, within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Lumber and Sawmill Workers' Union, Local No. 2834, is a local
of United Brotherhood of Carpenters and Joiners of America, a
labor organization affiliated with the American Federation of Labor.
International Woodworkers of America, Local No. 22 , is a local of
International Woodworkers of America , a labor organization affili-
ated with Congress of Industrial Organizations. Both the Lumber
and Sawmill Workers and the I. W. A. admit to membership em-
ployees of the Company engaged in sawmill and logging operations.
International Association of Teamsters, Chauffeurs, Stablemen
and Helpers of America , Local No. 699, is a local of International
Association of Teamsters , Chauffeurs , Stablemen and Helpers of
America, a labor organization affiliated with American Federation
of Labor, admitting to its membership truck drivers employed by
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 24, 1937, the Company and the Lumber and Saw-
mill Workers entered into a collective labor contract in which the
Company recognized the Lumber and Sawmill Workers as its em-
ployees' "sole collective bargaining agency, except for those employees
who may be members of other Unions recognized by the American
Federation of Labor in the production of lumber." The contract
provided for wages, hours of service, and other working conditions
of employees of the Company . It contained no specified term for
its duration, but provided that "if either party desires to,terminate
or amend this agreement, it shall give at least thirty days written
notice prior to such termination." This contract is still in effect.
In February or March 1940 affiliates of both the Lumber and Saw-
mill Workers and the I. W. A. were attempting to bargain collec-
tively on an industry-wide basis with employers in the, lumber indus-
try. At that time, in order to be in a position to initiate negotia-
tions with the Company for a revision of the above-mentioned
contract in the light of any terms which might be reached in the
industry-wide bargaining, and for a closed shop, the Lumber and
Sawmill Workers requested the Company to amend the , contract
by eliminating the requirement of 30 days ' written notice for amend-
366 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
ment. The Company replied that it would not negotiate with the Lum-
ber and Sawmill Workers in any respect as the bargaining represent-
ative of its employees, for the reason that the I. W. A. was then
claiming to represent a majority of its employees. The Lumber and
Sawmill Workers then filed its petition herein for a determination
of representatives of the Company's employees. On the, same day,
the L W. A. requested the Company to bargain with it as the repre-
sentative of employees of the Company. The Company refused this
request, likewise, pending action by the Board herein.
No contention was made at the hearing that the contract between
the Company and the Lumber and Sawmill Workers constituted any
ground for the Board not proceeding at the present to an investi-
gation and determination of the question which thus had arisen
concerning representation of employees of the Company. The con-
tract has been in effect for more than 2 years 3 and is terminable by
either party thereto upon 30 days' written notice.4 Moreover, the,
Lumber and Sawmill Workers, the labor organization party to the
contract, is the petitioner herein.5
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
In its petition the Lumber and Sawmill Workers alleged that "all
production and maintenance employees employed by the Company in
and about its logging operation and sawmill at Whites, Washington,
exclusive of supervisory and clerical employees and truck drivers,"
constitute a unit appropriate for the purposes of -collective bargain-
ing. At the hearing this unit was further defined as excluding cer-
3 Matter of Columbia Broadcasting System, Inc and American Communications Asso-
ciation ( formerly American Radio Telegraphists' Association ) 8 N. L. R B. 508; Matter
of M. & J. Tracy, Inc. and Inland Boatmen's Union, 12 N. L. it. B. 936, and cases there
cited.
4 Matter of The Kentucky Fire Brick Company and Local No. 510, United Brick & Clay
Workers of America, 19 N L. R B. 532.
6 Matter of American France Line et al and International Seamen's Union of America,
3 N. L R B. 64.
WKITE STAR LUMBER COMPANY 367
tain named employees, and their successors, and all employees in
the store and Montesano retail yard of the Company. The employees
thus excluded from the alleged unit are named in Appendix A, made
part hereof. With respect to the appropriateness of this unit, evi-
dence was introduced at the hearing concerning the common supervi-
sion and proximity of the logging operation and sawmill, the
frequent interchange of employees between them, and the history of
collective bargaining between the Company and labor organizations
covering employees in both the logging operation and the sawmill.
There was no dispute among the parties at the hearing regarding
the appropriateness in general of such a unit. The I.W.A. con-
tended, however, that the unit should be extended to include some
11 or 12 persons within the work classifications covered by the unit
who, the Company alleges are not its employees., The Lumber and
Sawmill Workers and the Company oppose this, contention. We
'think the contention without merit. The record shows that these
persons are employed on a personal venture of W. ,S. Westover, vice
president and manager of the Company , and are not employees of
the Company. No satisfactory grounds are shown for including the
employees of another employer in the alleged unit.
We find that all production and maintenance employees of the
Company in and about its logging operation and sawmill at Whites,
Washington , excluding supervisory and clerical employees, truck
drivers , and persons employed in the store and Montesano retail yard
of the Company, specifically all persons named in Appendix A, or
their successors , 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.
VI. THE DETERMINATION OF REPRESENTATIVES
The record shows that both the Lumber and Sawmill Workers and
the I.W .A."have enrolled as members and hence represent for col-
lective bargaining purposes a substantial number of the employees
of the Company within the unit we have found to be appropriate.
Under the circumstances , we are of the opinion and find that the
question concerning representation which has arisen can best be re-
solved by the holding of an election by secret ballot among the em-
ployees in the appropriate unit to determine their desires with regard
to representation. Accordingly , we shall direct that an election by
secret ballot be held, subject to such limitations as may be stated
in the Direction of Election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of White Star Lumber Company, Whites,
Washington, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company in
and about its logging operation and sawmill at Whites, Washington,
excluding supervisory and clerical employees, truck drivers, and
persons employed in the store and Montesano retail yard of the
Company, specifically all persons named in Appendix A, or their
successors, constitute a unit appropriate for the purposes of collec-
tive 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, 49 Stat. 449, 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 White Star Lumber Company, Whites, Washington, 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 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 production and maintenance em-
ployees of the Company in and about its logging operation and saw-
mill at Whites, Washington, who were employed by the Company
during the pay-roll period next preceding the issuance of this Direc-
tion, including employees who did not work during such pay-roll
period because they were ill or on vacation and employees who were
then or have since been temporarily laid off, but excluding employees
who have since quit or been discharged for cause, and further exclud-
ing supervisory and clerical employees, truck drivers, and persons
employed in the store and Montesano retail yard of the Company,
specifically those persons listed in Appendix A or their successors,
to determine whether they desire to be represented by Lumber and
Sawmill Workers' Union, Local No. 2834, chartered by the United
Brotherhood of Carpenters and Joiners of America, affiliated with the
A. F. of L., or by International Woodworkers of America, Local
No. 22, for the purposes of collective bargaining, or by neither.
WHITE STAR LUMBER COMPANY 369
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.
Hilliard, Ellen.
Hink, A. C.
APPENDIX A
Clerical
Lovell, Jeanne.
Store
Dailey, M. M. Russell, Jack.
Forbes, Ella.
Supervisory (according to company)
Bloomingdale , L. C. (mill sup't.) . Finney, Ted (woods sup't.).
Demers, James (scaler-confiden- McKenna, James (truck shop).
tial). Vaughan, George H. (yard fore-
Dunlap, Earle (bullbuck). man).
Elwing, John (shop). Westover, D. L. (shop).
Montesano retail yard
Bergstrom, Otto. McNutt, M. D.
Bender, Albert. Wyman, Max.
Truck drivers
Barnes, Art. Geer, Frank.
Curtice, Clyde. Murrey, Lloyd.
Daniels, Russell.