Willamette Valley Lumber Co.

National Labor Relations Board - Board DecisionsSep 25, 1941

35 N.L.R.B. 805 (N.L.R.B. 1941)

In the Matter of WILLAMETTE VALLEY LUMBER COMPANY and LOCAL #5-92, INTERNATIONAL WOODWORKERS OF AMERICA , AFFILIATED WITH C. 1. 0. Case No. R 2931.Decided September 25, 1941 Jurisdiction : lumber and lumber products manufacturing industry. Investigation and Certification of Representatives : existence of question: closed-shop contract entered into after filing of petition with notice of rival union's representation claims, no bar to ; election necessary. Unit Appropriate for Collective Bargaining : production, maintenance, and transportation employees at Company's sawmill, excluding management, office, clerical, and supervisory employees ; head sawyers included despite Company's contention that they are supervisory, where both unions desire their inclusion. Mr. Grant T. Anderson, of Portland, Oreg., for the Company. Mr. Harry M. Kenin, of Portland, Oreg., for the I. W. A. Mr. J. G. Wolf, of Portland, Oreg., for the Sawmill Workers. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 8, 1941, Local #5-92 International Woodworkers of America, affiliated with C. I. 0., herein called the I. W. A., filed with the Regional Director for the Nineteenth Region (Seattle, Washing- ton) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Willamette Valley Lum- ber Company, Dallas, Oregon, herein called the Company, and request- ing an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 12, 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 inves- tigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice 35 N. L. R. B., No. 174. 805 806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On August 19, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the I. W. A., and upon Lumber & Sawmill Workers, Local No. 2714, herein called the Sawmill Workers, a labor organization claiming to represent em- ployees of the Company. Pursuant to notice, a hearing was held on August 25, 1941, at Dallas, Oregon, before Patrick H Walker, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the I. W. A., and the Sawmill Workers were represented by counsel and participated in the hearing. Full opportun;ty 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 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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Willamette Valley Lumber Company, an Oregon corporation with its principal place of business at Dallas, Oregon, is engaged in the manufacture and sale of lumber and lumber products. During the year 1940 the sales of the Company amounted to $1,606,873.59, of which amount approximately 80 per cent represented the value of products shipped to points outside the State of Oregon. The Company admits that it is engaged in interstate commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED Local #5-92, International Woodworkers of America, affiliated with the Congress of Industrial Organizations, and Lumber & Sawmill Workers Union, Local No. 2714, affiliated with the American Federa- tion of Labor, are labor organizations admitting to membership. employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 5, 1941, the I. W. A. sent a letter to the Company, stating that it represented a majority of the employees and requesting a con- ference for the purpose of collective bargaining. The Company did not receive this letter, but on May 9, 1941, received notification from the Regional Office of the Board that the I. W. A. had filed its petition herein. On June 7, 1941, the Sawmill Workers requested the Company WILLIAMETTE VALLEY LUMBER COMPANY 807 to bargain collectively and shortly thereafter submitted proof that it represented a majority of the employees. During the latter part of June or the early part of July, the Sawmill Workers had notice of the petition filed by the I. W. A. On June 30, 1941, the Company and the Sawmill Workers entered into a temporary agreement provid- ing for a closed shop and providing that it should remain in effect until the execution of a permanent agreement between the parties. The Company and the Sawmill Workers entered into a closed-shop contract on August 18, 1941, at which time the Company was advised of the Board's intention to issue a notice of hearing in this proceeding. The Sawmill Workers contends that no question concerning repre- sentation has arisen because of its existing contract with the Company. In view of the fact that the contract was entered into after the filing of the petition and after the Company and the Sawmill Workers were aware of the claim of the I. W. A., the contract cannot serve as a bar to this proceeding." A statement of the Trial Examiner made during the hearing, indicates that the I. W. A. and the Sawmill Workers each represent a substantial number of employees of the Company.2 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 .he 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 anrt obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The I. W. A., the Sawmill Workers, and the Company agreed at the hearing that the appropriate unit should include production, maintenance , and transportation employees 3 at the Company's saw- Matter of Equipment Steel Products Division of The Union Asbestos and Rubber Com- pany and Local Union 2350, Steel Workers Organizing Committee, affiliated with the C 1 0., 31 N L R. B 987; Matter of Radio Wire Television , Inc and Local 1,30, United Electrical, Radio & Machine Workers of America, C 1 0., 30 N. L . R. B 930. 2 The I . W. A submitted 4 petitions , containing 107 signatures , of which 101 are of per- sons whose names appear on the Company ' s payroll of August 19, 1941 The Sawmill Workers submitted 323 application -for-membership cards, of which 297 bear names appear- ing on the pay roll of August 19 , 1941 There are more than 300 persons in the unit alleged to be appropriate. 'The transportation employees were described as jitney drivers and drivers who deliver lumber to purchasers. 808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mill, excluding management, office, clerical, and supervisory em- ployees. However, the I. W. A. and the Sawmill Workers desire the inclusion within the unit of two head sawyers, listed on the Com- pany's pay roll as supervisory employees. The Company desires their exclusion from the unit. The head sawyers supervise the work of only three men; they are paid on an hourly basis rather than by the month, as are other supervisors; and they do some manual work. They have authority to recommend the hiring and discharge of employees. Although a witness for the Company stated that the head sawyers have more authority than the head filer and other persons occupying similar positions in other departments, whose names do not appear on the pay roll as supervisory employees, no evidence was introduced to show of what such authority consists. Since the head sawyers appear to be only straw bosses, whom both unions desire to include in the unit, we shall include them.4 We find that all production, maintenance, and transportation em- ployees, including the head sawyers, at the Company's sawmill, but excluding management, office, clerical, and supervisory employees, constitute a unit appropriate for the purposes of collective bargain- ing, 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 We find that the question concerning representation which has arisen can best be resolved by the holding of an election by secret ballot. The I. W. A. and the Sawmill Workers agreed that a cur- rent pay roll should be used to determine those eligible to vote. , The Company took the position that a pay-roil date prior to June 30, 1941, the date of the temporary agreement between the Company and the Sawmill Workers, should be used to determine eligiblity. An officer of the Company testified that, at the time of the hearing, the plant was operating at about capacity and that the number of employees is likely to remain constant for some time. Since both unions have asked that a current pay roll be used, we see no reason for departing from our usual practice. Persons eligible to par- ticipate in the election shall be the employees in the appropriate unit who were employed by the Compay during the pay-roll period next preceding the date of the Direction herein, subject to such limitations and additions as are hereinafter 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 : 4Matter of Merrimack Manufacturing Company and American Federation of Labor, 9 N L R B 173 WILLIAMETTE VALLEY LUMBER COMPANY 809 CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Willamette Valley Lumber Company, Dallas, Oregon, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production, maintenance, and transportation employees, in- cluding'the head sawyers, at the Company's sawmill, but excluding management, office, clerical, and supervisory employees, constitute a unit appropriate for the purposes of 'coliective 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 Willamette Valley Lumber Company, Dallas, Oregon, an elec- tion 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 Nine- teenth 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, maintenance, and transporta- tion employees, including the head sawyers, at the Company's saw- mill who were employed during the pay-roll period next preceding the date of- this Direction, including 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 management, office, clerical, and supervisory employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Local #5-92, International Woodworkers of Amer- ica, affiliated with Congress of Industrial Organizations, or by Lum- ber & Sawmill Workers, Local No. 2714, affiliated with American Federation of Labor, for the purposes of collective bargaining, or by neither.