Kesterson Lumber Corp.

In the Matter of KESTERSON LUMBER CORPORATION and LOCAL 6-12, INTERNATIONAL WOODWORKERS OF AMERICA, C. I. O. Case No. 1?-408.-Decided October 30, 1942 Jurisdiction : lumber and lumber products manufacturing industry. Investigation and Certification of Representatives : existence of question • con- flicting claims of rival representatives. contract automatically renewed after institution of proceedings, held no bar; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, exclusive of office, clerical, and supervisory employees ; agree- ment as to. Mr. John` B. Ebinger, of Klamath Falls, Oreg., for the Company. Mr. George Brown, of Klamath Falls, Oreg., for the I. W. A. Mr. J. G. Wolf, of Medford, Oreg., for the Sawmill Workers. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Local 6-12, International Wood- workers of America, C. I. 0., herein called the I. W. A., alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Kesterson Lumber Corporation, Klamath Falls, Oregon, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John E. Hedrick, Trial Examiner. Said hearing was held at Klam- ath Falls, Oregon, on September 24, 1942. The Company, the I. W. A., and the Lumber and Sawmill Workers Union, Local 2649, A. F. of L., herein called the Sawmill Workers, appeared, partici- pated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Thereafter the Sawmill Workers filed 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 Kesterson Lumber Corporation, an Oregon corporation with its principal office and place of business at Klamath Falls, Oregon, is 45 N. L. R. B., No. 35. 493508-43-vol. 45--13 193 194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD engaged in the manufacture and sale of lumber and lumber products. During the year 1941, the Company processed approximately 48,000,- 000 board feet of lumber, 95 percent of which was shipped to points outside the State of Oregon. The Company concedes it is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Woodworkers of America , Local 6-12, affiliated with the C. I. 0., and Lumber and Sawmill Workers Union, Local 2649, affiliated with the A. F. of L., are labor organizations admitting em- ployees of the Company to membership. III. THE QUESTION CONCERNING REPRESENTATION On May 27,1941, after an election ordered by the Board in which the I. W. A. and the Sawmill Workers participated, the Board certified the Sawmill Workers as the exclusive representative of all the Com- pany's employees, excluding certain named individuals and super- visory and clerical employees.' The Company and the Sawmill Workers entered into a contract dated September 2, 1941, to be in effect to September 1, 1942, and from year to year thereafter, subject to termination by either party on 30 days' written notice given to either party prior to expiration date. On July 21, 1942, approximately nine members of the Sawmill Workers attended a regular meeting, at which time they voted to ter- minate the existing contract. One of the persons attending the meet- ing claimed that a letter, written during the meeting, was addressed to the Company requesting negotiations for a new contract. The letter was not introduced in evidence. The Company denies receiving this letter. The I. W. A. claims a letter was sent to the Company on July 24, 1942, requesting recognition as the representative of the employees. The Company also denies receiving this letter. A representative of the I. W. A. testified at the hearing that he made a personal visit to the Company on July 25, 1942, for the same purpose as outlined in the letter. He also testified that he had a telephone conversation with the Company's attorney about July 26, 1942, concerning the question of representation for the employees. The petition was filed July 27, 1942. The Sawmill Workers takes the position that its agreement of September 2, 1941, is in full force and effect, and that the petition 1 Matter of Kesterson Lumber Corporation and International Woodworkers of America, Local 6-12, C. 1 O,32N.L. R.B 129. A KESTERSON LUMBER CORPORATION 195 should be dismissed for the reason that there is no question of repre- sentation at this time. Since the T. W. A. gave notice of its claim prior to the renewal date, the contract does not constitute a bar. A statement of the Regional Director, introduced in evidence at the hearing, indicates that the I. W. A. and the Sawmill Workers each represents a substantial number of employees in the stipulated appro- priate unit.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National-Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance With an agreement of the parties, that al production and maintenance employees of the Company, exclusive of office, clerical , and supervisory employees, constitute a unit appropri- ate for the purpose of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which, has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direc- tion. 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 9, of National Labor Relations Board Rules and, Regulations-Series 2, as amended, it is hereby The Regional Director's statement shows that the I. W A submitted 151 application- for-membership cards, of which 3 were dated in June 1942, 144 in July 1942; 3 in August 1942 ; and 1 was undated Of these cards 130 bore apparently genuine original signatures of persons whose names appear on the Company's pay roll of July 31, 1942 Of the 283 cards submitted by the Sawmill Workers , 23 were dated in 1940 ; 225 in 1941: 2 in 1942; and 33 were undated . In addition the Sawmill Workers submitted its niein- bership list as of July 28, 1942 Of the cards , 105 bore apparently genuine original signatures of persons whose names appear on the Company 's pay roll In addition the membership list contained the names of 12 other persons whose names appeared on the Company's pay roll Hence the apparent total number of Sawmill Workers' designations by employees on the July 31 pay roll was 117 The comparison of the cards submitted by the I W A and the Sawmill Workers indicates that 67 persons apparently designated both organizations as their bargaining agency . There are approximately 230 employees in the unit hereinafter found appropriate 196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation to ascertain representa- tives for the purpose of collective bargaining with ;Kesterson ,Lumber Corporation, Klamath Falls,.Oregon, an election,by secret,ballot shall be conducted as early as possible,:but not later than thirty :(30;) days from the date of thisDirection, under the, direction. and supervision.of the 'Regional Director for the NineteenthRegion, acting,in this mat- ter as agent for the National Labor Relations Board, and subject -to Article III, Section 10, of•said Rules and Regulations among the-em- ployees in the unit found appropriate :in -Section IV, above, who were employed during -the pay-roll period,immediately ,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-employees who have since quit or been discharged for cause, to:determine whether -they. desire to be represented by Interna- tional Woodworkers of America, Local 6-12, affiliated -svith•the, C. -I.tO., or by Lumber and Sawmill Workers Union, -Local, 2649, affiliated with the A. F. of L., for the purpose of collective bargaining, or by neither. MR. GERARD -D. rREILLY took no part in the consideration of the above Decision and Direction of Election.