California Door Co.

In the Matter Of CALIFORNIA DOOR COMPANY and WOODWORKERS UNION LOCAL 286, I. W. A., C. 1. 0. Case No. R-5691.-Decided August p21,194 Mr. C. G. Price, of Diamond Springs, Calif., for the Company. Mr. Frank E. Thompson, of Sacramento, Calif., for the C. I. O. Mr. Charles F. Janigian, of San Francisco, Calif., for the A. F. of L. Mr. Wallace E. Royster, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Woodworkers Union Local 286, I. W. A., C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of California Door Company, Diamond-Springs, California, -herein'called the Company, the National,Laibdr Rojatipns,,Board°pro- vided for an appropriate hearing upon due notice before John Paul Jennings, Trial Examiner. Said hearing was held at Placerville, California, on July 14, 1943. The Company, the C. I. 0., and Lumber & Sawmill Workers Local Union #2760, A. F. of L., herein called the A. F. of L., appeared, participated, 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. During the hearing the A. F. of L. moved the dismissal of the petition. For reasons appearing in Sections III and IV, following, the motion is denied; All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY California Door Company is a California corporation engaged in El Dorado County, California, in the felling of timber, the transport 52 N. L R. B., No. 15. 68 CALIFORNIA DOOR COMPANY 69 of logs, and the manufacture of lumber. The Company maintains a logging;camp-near Grizzly Flat-in the above county from which logs are carried 34 miles by,coinpaliy :railroad to' the company.,sav mill, at Diamond Springs. About 90 percent of the logs used at the mill is obtained by the Company's logging operations. The remainder is purchased in the open market. During 1942, the Company produced approximately 24,000,000 board feet of lumber at its mill of the approx- imate value of $1,228,000. Approximately 30 percent of the mill's production was shipped to points outside California. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Woodworkers, Union. Local 286, I. W. A., C. I. O., is a union local chartered by International Woodworkers of America, an affiliate ,,of the Congress of Industrial Organizations, and is a labor organization admitting to membership employees of the Company. Lumber & Sawmill Workers Local Union #2760, A. F. of L., is a union local chartered by United Brotherhood of Carpenters and Join- ers of America, an affiliate of the American Federation of Labor, and is a labor organization admitting to membership employees of the Company. III. THE°QII^STION Ca^NCEENINU{" REPLESEN LtTION ' On May 28, 1940, the Company and the A. F: of L. entered into a collective -bargaining contract covering the employees of the Com- pany based at Diamond Springs, California, excluding the logging camp employees and railroad employees not based at Diamond Springs. In May 1942, the C. L O. filed a petition in Case No. 20-R-670, request- ing a unit of the employees working at the logging camp. An election was held among such employees by consent of the parties which re- sulted in the choice of the A. F. of L. In July 1942, the Company and the A. F. of L. revised the above contract so as to include em- ployees at the logging camp under its provisions., The contract treats all, employees.of the, coi ipany,'as within, a single ,industrial unit and is for an indefinite term subject to termination upon the 30-day notice of either party. On May 21, 1943, the C. I. O. filed its petition herein, requesting a unit embracing employees working at the logging camp. The A. F. of L. contends that a limitation upon the expenditure of 1 The signatures of the C', I. 0 agents, appended,to the petition, were acknowledged before a Notary Public but tbR petition does not indtcat ,that-the signatories were sworn. The A. P. of,L moved the dismissal of the petition for the reason that in this respect there is a failure to conform to the Rules and Regulations of the Board. One of the signatories testified at the hearing that he swore to the contents of the petition before the acknowledg- ing Notary Public and affirmed the truth of the statements therein under oath from the stand. Under the circumstances we overrule the motion. 70 DEIC'I'SJONS OF NATIONAL LABOR RELM IONIS BOARD Board funds contained in the current Appropriation Act 2 precludes the Board from proceeding herein on the ground that the Act in ques- tion prohibits the Board from making a finding in any proceeding in derogation of a contract between management and labor in existence for more than 3 months. Since the limitation referred to has no application to representation cases, but specifically provides that it applies to "a complaint case,",the contention is without merit. Since more than a year has elapsed since the consent election; since the contract covering such employees has been in effect for more than 1 year; and since it is for an indefinite term subject to termination by 30-day notice of either party, under the settled policy of the Board, we find that the contract does not constitute a bar to a present investi- gation to determine representatives .3 A statement of the Regional Director introduced into evidence at the hearing, indicates that the C. 1. 0. represents a substantial-number of employees in the unit which it contends is appropriate.4 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 DETERMINATION OF REPRESENTATIVES As stated herein, the C. 1. 0. requests a unit confined to the employees working at the logging camp near Grizzly Flat. The Company and the A. F. of L. contend that a unit including all production, mainte- nance, and transportation employees at the logging camp, the saw- mill, and on the railroad, is alone appropriate. The Board has found to be appropriate such a unit as the C. I. 0. requests where the history of bargaining does not indicate a contrary finding or where* such unit coincides with the extent of organization, since logging camp employees are generally geographically separated from the sawmill, possess skills different from those of mill employees, and work under markedly different conditions 5 However, where there has been a history of bargaining in' a unit including the logging camp and saw- mill employees, the Board has found such unit to be appropriate in the absence of persuasive countervailing factors 6 2 National Labor Relation Board Approprsation Act, 19/4, Title IV, Act of July 12, 1943, P. L. 135, 78th Congress, 1st Session. See Matter of La Plant-Choate Manicfactursng Co., 29 N. L. R. B. 40. The Regional Director stated that the C. I. 0. submitted 48 application for member- ship cards all bearing apparently genuine original signatures Forty-six cards were dated in April and May 1943 , and 2 were undated. Forty cards bore the names of persons whose names appear on the Company's pay roll of June 1, 1943. The pay roll lists the names of 64 employees within the unit claimed by the C I. 0. The A. F. of L. relies upon its contract to establish its interest. See Matter of Buckley Hemlock Mills, Inc., 15 N. L. R. B. 498 ; see also Matter, of Bay de Noquet Company, 44 N. L. R. B. 1220. 0 See Matter of S. A. Agnew Lumber Co., 44 N. L. R B. 1253. CALIFORNIA DO-OR COMPANY 71 The A. F. of L. organized the mill employees in 1940 and entered into a contract with the Company covering such employees in that year. In 1942, as stated above, the C. I. 0. sought to represent the logging camp employees in a separate unit. The Regional Director arranged a consent election among the logging camp employees with the C. 1. 0. and the A. F. of L. on the ballot. The A. F. of L. received a majority of the votes and the Regional Director reported that the A. F. of L. was designated by a majority of the employees in the follow- ing unit : "all buckers, fallers, rigging men, and choker setters in [the logging camp], excluding foremen, superintendents, cook house, and railroad crew." We note that the C. I. 0. sought an election to deter- mine the bargaining representative of such employees in a separate unit; that the A. F. of L. agreed to such an election; and that the Regional Director found that the A. F. of L. was designated by a majority of the employees in such unit as their exclusive bargaining representative. The A. F. of L. and the Company, however, have ap- parently construed the election results as permitting the consolidation of the logging camp employees in a unit with the sawmill employees, a construction which is not in accord with the consent election agree- ment or the finding of the Regional Director. The fact that logging camp employees are geographically separated from the sawmill; that they possess skills differing from those of the sawmill employees; and that the consent election of June 1942 was conducted among the logging camp employees in a separate unit, ar- gues that the employees in the logging camp alone may constitute an appropriate unit. However, units composed of both logging camp, transportation, and sawmill employees are common in the industry ; the logging, railroad, and milling operations of the Company are inte- grated; and, for the past year, all employees have been represented in a single inclusive unit. In consideration of these circumstances, we are of the opinion that the employees based at the logging camp may alone constitute an appropriate unit or be included in the same unit with sawmill and railroad employees and we shall permit the logging camp employees to express their desires in respect to the unit by an election by secret ballot. There remains for consideration the composition of the voting group, in the election we shall direct at the logging camp. All parties agree that the camp superintendent, the camp boss, the bull buck, and the section foreman possess supervisory authority and should be excluded from the voting group. There is a dispute, however, as to the inclusion of George Minnick, who is in charge of the road construction crews. The Company and the C. I. 0. oppose his inclusion and, since he has the authority to hire and discharge employees in the road building crew, we shall exclude him from the voting group. 72 - DECCTSIONS OF NATIONAL LABOR RELATIONS BOARD All parties agree to the inclusion of the head loader, the hook tender, and the head rigger. These men are leaders who work along with the employees assigned to them and were covered by the A. F. of L. con- tract. The record is not explicit as to the supervisory authority exer- cised by these leaders. If they fit the definition of supervisory employees given below, we shall exclude them from the logging camp voting group.? The Company's bridge crew, about 45 employees, is engaged in the construction and repair, of railroad bridges; on the Company's, rail- road. None of these were included -under'-the • 1940 contract covering the sawmill employees but, for -the' past year,, have' been represented by the A. F. of L. along with other railroad employees. Two bridge crew employees are based at the logging camp and the remainder at Diamond Springs. All receive the same wages for similar skills; perform the same duties under the same supervision; and appear to have the same interests and problems. It would appear then that all, logically, should be included in the same bargaining unit. Conse- quently, we shall exclude all bridge crew employees from the logging camp voting group. A somewhat similar situation exists with respect to the railroad section crews. The Company has three such crews, all of whom are engaged in the maintenance of the Company's railroad track and right-of-way. Crew 1 is based at Diamond Springs, and this crew has been represented by the A. F. of L. since the first A. F. of L. con- tract in 1940. Crew 2 is based at a point about 20 miles from Dia- mond Springs., Crew 3 is based at the logging camp. All have been represented by the A. F. of L. for the past year. Employees in the three crews perform the same work under substantially the same con- ditions; receive the same wages for the same skills; and are under the same supervision. These considerations persuade us that all sec- tion crew employees should be in the same bargaining unit. Conse- quently, we shall exclude the section crews from the voting group at the logging camp. We shall direct that an election be conducted among the employees based at the logging camp, including scalers, cat doctors, filers, cat drivers, truck drivers, fallers, choker setters, second loaders, general laborers, loaders and climbers, brush pilers, limbers, buckers, loader operators, bulldozer operators, grease men, loaders, landing men, as well as head loaders, hook tenders, and head riggers, who do not possess supervisory authority as defined below, but excluding clerical employees, section crew employees, bridge crew employees, railroad employees, sawmill employees, cook house employees, the camp super- I Cf. Matter of Irwin and Lyons and Rodney C. Lasky and Herbert H . Lasky, contractors, ,51 N. L. R. B. 1370. CALIFORNIA DOOR COMPANY 73 intendent, the camp boss, the section foreman, George Minnick, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action, to determine whether they desire to be represented by the C. I. O. or the A. F. of L., for the purposes of collective bargaining, or by neither. Upon the result of this election will depend in part our finding as to the appropriate unit. If a majority of the employees in the voting group selects the C. I. 0. such group will, constitute a separate appro- priate unit,. and.we, shall so certify. If a majority of the employees in the voting group selects the A. F. of L., we shall issue no certifica- tion but permit the inclusion of this group in the unit already so represented." Those eligible to vote in the election which we shall direct shall be the employees of the Company described in the voting group above who are employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth therein. 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 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DiRECrED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with California Door Company, Diamond Springs, California, 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 super- vision of the Regional Director for the Twentieth 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 based at the logging camp in the group below, 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 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 : All employees based at the logging camp including scalers, cat doc- tors, filers, cat drivers, truck drivers, fallers, choker setters, second 6 See Matter of Armour and Company, 40 N. L. R B. 1333. 74 DE'MSIONS OF NATIONAL LABOR RELAfrIONIS BOARD loaders, general laborers, loaders and climbers, brush pilers, limbers, buckers, loader operators, bulldozer • operators, grease men, loaders, landing men, as well as head loaders, hook tenders, and head riggers, who do not possess supervisory authority ' as defined below, but ex- cluding clerical employees, section crew employees , bridge crew em- ployees, railroad employees , sawmill employees, cook house employees, the camp superintendent, the camp boss, the section foreman, George Minnick, and all supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action , to determine whether they desire to be represented by Woodworkers Union Local 286, I. W. A., C. I. 0., or by Lumber.& Sawmill Workers Local'Union #2760, A. F. of L., for the purposes of collective bargaining, or by neither. CHAIRMAN MHxis took no part in the consideration of the above Decision and Direction of Election.