The Connor Lumber & Land Co.

In the Matter of THE CONNOR LunIBER & LAND COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA, C. I. O. Case No. R-4773.Decided February 00, 1943 Jurisdiction : lumbering industry. - Investigation and Certification of Representatives : existence of question .,recog- nition refused because of existing contract ; contract in effect less than a year with two months to run held rio bar to present determination of repre- sentatives, certification to be for purpose of designating representative to negotiate new contract to succeed contract presently in effect; election necessary. Unit Appropriate for Collective Bargaining : all employees at the Wakefield operations employed in the sawmill, planing mill, lumber yard, barn, machine and blacksmith shop, cook's camp, engine and boiler room, railroad, and all train crews and section crews connected with the operation of the sawmill, including watchmen, but excluding clerical and supervisory employees,- saw;- mill foremen, barn boss, machine foreman, foremen in charge of maintenance of equipment, yard foreman, assistant yard foreman, lumber graders, planing mill foreman, section foreman, timekeeper, and store employees. M11r. 0. 8. Hoebreckx, of Rhinelander, Wis., and '111r. G. R. Connor, of Wakefield, Mich., for the Company. Mr. W. I. Young, of Ironwood, Mich., for the I.- W. A. Mr. Albert W. Locking, of Marquette, Mich., for Local 2751 Mr. Louis Cokin, of counsel to the, Board. DECISION - AND ' DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed- by, International Woodworkers of America, C. J. -O., herein called the I. W. A., alleg- ing that a question affecting commerce had arisen concerning the representation of employees of, The Connor Lumber &'Land Com- pany, Wakefield, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hea'ring' upon due notice before Clarence A. Meter, Trial Examiner. - Said hear= ing was held at Ironwood, Michigan, on January.-19,`•1943. • - At "the commencement of the hearing the Trial Examiner granted a motion 47 N. L. R. B., No. 108. ' . - 867 868 DEICiISLIONS OF NATIONAL LABOR RELATIONS ROARID of Lumber & Sawmill Workers' Union of America, Local No. 2751; herein called Local 2751, to intervene. The Company, the I. W. A., and Local 2751 appeared, participated, and were afforded full op- portunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing, counsel for the Company, moved to dismiss the petition because of the absence of a question concerning representation. The Trial Examiner reserved ruling.' The motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. Upon the entire record in the case, the Board makes,the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Connor Lumber & -Land Company is a Wisconsin corporation -engaged in the logging and lumber business in the States of Wiscon- sinand Michigan. We are here concerned with its operations at and near Wakefield, Michigan. During 1942, the Company shipped fin- ished products from its Wakefield operations valued at about $500,000, approximately 80 percent of which was shipped to points outside the State of Michigan. All of the logs used at the Wakefield operations are shipped to it from points within the State of Michigan. The Company admits that it is engaged in commerce- within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED International Woodworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to ,membership employees of the Company. Lumber '& Sawmill Workers' Union of America, Local No. 2751, affiliated with United Brotherhood of Carpenters and Joiners of America, is a labor organization affiliated with the American Federa- tion.of Labor,. admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 26, 1942, the I. W. A. requested the Company to recog- nize it as the-exclusive representative of certain of the Company's em- ployees. The Company refused this request on the ground that it was operating under a contract.with Local 2751. . On April 10, 1942, the Company and' Local 2751 entered into an exclusive contract covering the, employees involved herein. The con- tract provides that it shall expire on April 10, 1943. The Company THE CONNOR . LUMBER & LAND . COMPANY 869, contends that the contract is a bar to this proceeding and urges .that the petition be dismissed. Since the contract expires by its terms within the next two months, we find that it does not constitute a bar to a determination of repre- sentatives at this time . However, any certification of representatives which we may issue as a result of the election shall be for the purpose of designating representatives to negotiate a new contract to succeed the contract now'in effect.' Statements of a Field Examiner of the Board and the Trial Exam- iner introduced into evidence during the hearing indicate that the I. W. A. represents a substantial number of employees in a unit here- inafter found to be appropriate.2 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 Act. IV. THE APPROPRIATE UNIT, The I. W. A. and Local 2751 urge that all employees at the Wake- field, Michigan, operations of the Company employed in the sawmill, planing mill, lumber yard, barn, machine and blacksmith shop, cook's camp, engine and boiler room, railroad, and all train crews and sec- tion crews connected with the -operation of the sawmill, excluding clerical and supervisory employees, sawmill foremen, barn boss, machine foreman, foremen in charge of,maintenance of equipment, yard foreman, lumber graders, planing mill foreman, timekeeper, assistant yard foreman,_ section foreman, and store employees, consti- tute an appropriate unit. The only controversy with respect to the unit concerns watchmen. The I. W. A. and Local •2751 urge that they be included in the unit and the Company that they be excluded. The unit urged by the labor organizations is the same-as that pro- vided in the contract between Local 2751 and the Company. Watch;. men are covered by that agreement. Inasmuch as the record does not indicate that the duties of the watchmen have been changed since the execution of the agreement, we shall include them in the unit. • . We find that all employees at the Wakefield operations of the Company, employed in the sawmill, planing mill, lumber yard, barn, machine and blacksmith, shop, cook's camp, engine and boiler room, railroad, and all train crews and section crews connected with the ' See Matter'of Chrysler'Motor Parts Corporation and International Union, United Auto- mobile, Aircraft and Agricultural Implement Workers of'Ameiica, affiliated with the Con- gress of Industrial organizations, 38 N. L R. B. 1379. 2 The Field Examiner and the Trial Examiner reported that the I. W.'A. presented'83 membership application cards 'bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of January 5, 1943. - There, are approximately, 150 employees in the appropriate unit . Local 2751 relies upon its contract as evidence of its representation among the Company's employees 870 DBOISSONS OF ATA'PIONAL:. LABOR _ RELATIONS BOARD operation of the sawmill, including watchmen, but excluding clerical and supervisory employees , sawmill foremen, barn boss, machine foreman, foremen in charge of maintenance of equipment, yard fore- man, lumber . graders, planing mill foreman , timekeeper, assistant yard foreman, section foreman, and store employees , constitute a unit appropriate for the purposes 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 be resolved by means of an election by secret ballot among the employees 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 herein. 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- tiol s Act, and pursuant 'to Article III, Section 9, of National Labor Relations 'Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of'the investigation'to ascertain represent- atives for-the purposes of collective' bargaining with The Connor Lumber & Land Company, Wakefield, Michigan, 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, under the direction and supervision of the Regional Director for the Twelfth Region, acting in this matter'as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees 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 any such employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether -they desire to be repre- sented by International Woodworkers of America, affiliated with the Congress of Industrial Organizations, or by Lumber & Sawmill Workers' Union of America, Local No. 2751, affiliated with the United Brotherhood of Carpenters and Joiners of America, affiliated with the American' Federation of Labor, for the purposes of collec- tive bargaining, or by neither.