William J. Shaw

National Labor Relations Board - Board DecisionsDec 20, 1940

28 N.L.R.B. 701 (N.L.R.B. 1940)

In the Matter of WILLIAM J. SHAW and INTERNATIONAL WOODWORK- ERs of AMERICA, LOCAL No. 24, AFFILIATED WITH THE CONGRESS OF, INDUSTRIAL ORGANIZATIONS Case No. R-2175.-Decided December 20,1940 Jurisdiction : lumber product manufacturing industry. Investigation and Certification of Representatives : existence of. question : re- fusal to accord recognition and request that certification be obtained ; elec- tion necessary. Unit Appropriate for Collective Bargaining : all employees excluding super- visory and clerical employees., Mr. G. A. Metzger, of Portland, Oreg., for the Company. Mr. A. F. Hartung, of Portland, Oreg., for,Local 24. Miss Mary E. Perkins, of counsel to the Board. DECISION AND DIRECTION OF ,ELECTION STATEMENT OF THE CASE On October 31, 1940, International Woodworkers of America, Local No. 24, affiliated with the Congress of Industrial Organiza- tions, herein called Local 24, filed with the Regional Director for the Nineteenth Region (Seattle, Washington), a petition alleging that a question affecting commerce had arisen concerning the em- ployees of William J. Shawl Yamhill, 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 November 13, 1940, the National Labor Relations Board, her 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 1 The Company was described in the original petition as "William Shaw, Manufacturer Rough and Dressed Lumber" and in the notice of hearing as "William J. Shaw, doing busi- ness under his own name as owner and operator " At the hearing it was stipulated that the true and correct name of the Company is "William J Shaw" and that wherever in the pleadings it was designated by any other name, the pleadings should be amended so as to conform ro'the true and correct name - 28 N. L. R B, No. 105 701 7022 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Director to conduct it and to provide for an appropriate hearing upon due notice. On November 19, 1940, the Regional Director issued a notice of hearing, copies of which were duly, served, upon the, Company and, upon. Local, 244, Pursuant to; the notice, a hearing v^ras held on, No- vember 28, 1940, at McMinnville, Oregon, before. Patrick H. Walker, the Trial Examiner duly designated by the Board. The Company was represented, by counsel, and, LOCah 24 by, its representative ; both parties 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 each party. During the course of the hearing, the Trial Examiner made several rulings on, motions and objections to. the admission of, evidence. The Board. has re- viewed the rulings of the Trial Examiner, and, finds that no preju- dicial errors were committed. The rulings, are hereby affirmed. Upon the e'ntire_ reco'rd in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY William J. Shaw owns and operates a saw mill at Yamhill in Yamhill County, Oregon, and. is there engaged' in the manufacture and sale of general lumber products. The Company purchases an- nually between 6 and 7 million feet of timber all of which is cut in Oregon. The annual output of the mill also averages; between. 6 and 7 million feet, of which 75 to 85 percent is shipped to,points ,outside Oregon. At the time of the hearing the mill employed, 38 employees. It was stipulated at the hearing that the Company, is, engaged in interstate commerce, within, the, meaning of the Act, and the decisions of the Supreme Court, thereunder. H. THE ORGANIZATION INVOLVED International Woodworkers ,, of America , Local . No.,-24, affiliated with the Congress of Industrial Organizations , is a, labor .organization admitting to membership all workers ;inthe , lumber.industry exclud ing supervisory , andâ€žclerical employees. III. THE,QUESTION , CONCERNING , REPRESENTATION At a meeting with, Shaw during September, 1940, , A, F. Hartung, president of .the District Council of.the , International Woodworkers of America , the president of Local 24 , and a committee of the Com- pany's employees requested Shaw to recognize Local 24 as bargain- ing representative for his production and maintenance employees. WILLIAM J. SHAW 703 At a meeting on October 9, 1940, Shaw, th ougll his iittorney, re- fused this request until Local 24 should be certified by the Board as the representative of those employees. From a statement of a Field Egamiher of the Boa,'rd introduced in evidence, it appears that Local 24 has been designated by a sub-' stantial number of the Company's production and maintenance employees.2 We find that a question has arisen concerning the representation of employees of jhe Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION IIPON COMMERCE We find that the question concerning 'repre'sentation which has, arisen , occurring in connection with the operations df the Company described in Section I .above, has a close , intimate , and substantial relation to trade, ttraffic , aiid commerce among the several States, and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing, it was stipulated between the Company and Local 24 that till emp'loyees' in the_Coiiipany's iiiilt at Ya;mKil'I; Oregon, except supervisory andâ€ž clerical' employees; constitute a' u"nit t 5pro- priate for collective bargaining.. No reason appears fo`r departing from the stipulation of the parties. We find that all employees in the Company's mill at Yainhill, Oregon, excluding' supervisory of d cl'erical emplo'yees; constitute a unit appropriate for the purposes of collective bargaining and' that' such unit will insure' to the empl'Oyees of the Conihdlly the frill bene- fit 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' r'esol 'ved by an election by secret btillot. We shall direct that employees in the unit liereinabove found, appropriate, who were ` employed by' the Company during the pay roll period last preceding the date of this Direction of Election , including any who did riot work ' durin g ' said ' pay-roll period because they were ill or on vacation and employees who were then or have since been tempo- 2 The Field Examiner reported that 24'pe 'rsons employed by the Company on November 4â€ž 1940, appear to have designated Local 24 as their representative The unit claimed to be appropriate contained 35 employees on that date. 704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD - rarily laid off, but excluding those who have since quit or been dis- charged for cause, shall be eligible to vote. ' 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 William J. Shaw, Yamhill, Oregon, within the meaning of Section 9 (c)- and Section 2 (6) and (7) of the National Labor Relations Act. 2. All of the persons employed in the mill of William J. Shaw, at Yamhill,, Oregon, excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargain- ing, 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 Re- lations 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 William J. Shaw, Yamhill, Oregon, 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 Regu- lations, among all of the employees who were employed by the Com- pany during the pay-roll period last preceding the date of this Di- rection of Election, including any such employees who did not work during the pay-roll period because they were, ill or on vacation and employees who were then or have since been temporarily laid off, but excluding supervisory and clerical employees and those em- ployees who have since quit or been discharged for cause, to de- termine whether or not they desire to be represented by International Woodworkers of America, Local No. 24, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. CHAIRMAN HARRY A. Mums took no part in the consideration of the above Decision and Direction of Election.