Weyerhaeuser Timber Co.

In the Matter Of WEYERHAEUSER TIMBER COMPANY, EMPLOYER and SANTIAM DISTRICT LODGE 163, INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER Cabe No. 36-RC-143.-Decided April 6,1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board.' The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed, except as noted.' Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations named below claim to represent cer- tain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit of all journeymen machinists, jour- neymen auto mechanics and body men,3 journeymen welders, their helpers and apprentices, at the Employer's Springfield, Oregon, plant, 'The Employer and International Woodworkers of America , Local 5-246, herein called the Intervenor , moved to dismiss the petition on the ground that the Petitioner submitted no evidence to show that its proposed unit is appropriate . These motions are hereby denied. Representation hearings are not adversary proceedings , and are designed merely to ascertain whether or not a question concerning representation exists. It is immaterial which party presents the factual material for the record . It is only necessary that there be a full and complete record, so that the Board will be in a position to decide all issues involved in the proceeding. Willamette Valley District Council of Lumber and Sawmill Workers, A. F. of L., should not have been permitted to intervene, inasmuch as it had not complied with the filing requirements of Section 9 of the Act, and it has no contractual interest which would support intervention. Matter of Schutte & Koerting Company, 79 N. L. R. B. 599. ; Matter of Remington Rand, Inc., 78 N. L. R. B. 181. *Chairman Herzog and Members Houston and Gray. 9 The Employer does not have, and does not expect to employ, any body men. 82 N. L. R. B., No. 95. 820 WEYERHAEUSER TIMBER COMPANY 821 excluding guards, professional and office employees, and supervisors. The Employer and the Intervenor contend (1) that the petition is premature inasmuch as all of the employees involved in this proceeding are not now engaged in production, but are engaged in the work of con- structing the plant and facilities to be used for the production of logs and lumber products, and (2) that the requested unit is inappropriate for the purposes of collective bargaining. The Employer is engaged in logging and sawmill operations, pri- marily in Washington and Oregon. Only the plant in Springfield, Oregon, is involved in this proceeding. This plant is a newly opened center of operations which is now being constructed. Two related logging operations at Fall Creek and Sutherlin, Oregon, are approxi- mately 25 and 60 miles from Springfield, and are presumably now in ,operation.4 The Employer's Springfield manager testified that the plant will probably be completed sometime between April 15 and May 1, 1949,5 and that production is expected to begin during the period from March 15 to April 1, 1949. The Employer expects to have a full complement of production employees at the sawmill by April 1, 1949. At the time of the hearing there were approximately 26 employees in the proposed unit. The Employer anticipates that after production operations at the plant begin, there will be about 24 employees in this unit.6 It appears from the record that there will be no new work classifications in this group, and the record does not show that any change in the present force, other than a small reduction in personnel, is contemplated when production starts.7 Although the work of these 'employees in connection with construction is largely fabrication work in their craft, and in connection with operation it will be entirely maintenance and repair work, it is apparent from the record that these employees will be engaged exclusively in work relating to their classifications. It is clear that the employees concerned in this proceeding will not be greatly affected by the change from construction to production '' Although at the time of the hearing , the Sutherlin operations were still under construc- tion, the manager of the Employer's Springfield lumber division testified that logging operations were expected to be under way at both Fall Creek and Sutherlin by Feb- ruary 1949. 5 The plant, when completed, will consist of a log pond, sawmill, dry kilns, planing mill, shipping sheds, and a machine shop. 9 At the time of the hearing there were 5 machinists, 5 auto mechanics , 3 welders, and 13 progressive helpers. After production begins, the Employer estimates that there will be 5 machinists, 4 or 5 auto mechanics , 2 or 3 welders, and about 12 progressive helpers. 7 At the time of the hearing there were approximately 990 employees working on the construction of the plant , of whom 589 were employees of the Employer , and the remainder employees of contractors . The Employer expects that when production begins there will be about 273 employees at the plant, and about 200 in the 2 related logging operations at Fall Creek and Sutherlin. 838914-50-vol. 82-53 822 DECISIONS OF NATIONAL LABOR RELATIONS BOARD operations. In view of the representative nature of the working force presently employed, we see no reason to deny them the right to a deter- mination of representatives at this time.8 Accordingly, the Em- ployer's motion to dismiss the petition on the ground that it is prema- ture is hereby denied. Apart from an oral agreement the Employer has with a carpenter's union covering carpenters and millwrights engaged in the construc- tion of the plant, there is no prior history of collective bargaining with respect to the Employer 's Springfield plant. All of the employees in the unit sought by the Petitioner work in the machine shop, which is part of the Employer 's maintenance de- partment, under the immediate supervision of the machine shop fore- man.e Also working in the machine shop will be a blacksmith and his helper.1° All maintenance department employees work under the over-all supervision of the maintenance superintendent . They will include, in addition to the 24 machine shop employees , 12 millwrights, 8 electricians and pipe shop employees, 14 powerhouse employees, and 18 clean up and plant protection employees. Each of these groups has separate immediate supervision . When, however, they are assigned to work with another maintenance group , they may take directions from the foreman of that group while working on a particular job. Upon completion of such assignment , they report back to their respec- tive foremen. Working conditions and employee benefits are the same for all employees. Although the employees in the proposed unit will , after produc- tion operations begin, work with other groups in the maintenance department, there will be no interchange of duties between these em- ployees and the other employees in the maintenance department. The employees in each group will confine their activities to work which comes within their job classification . Thus, at all times they will main- tain their separate identity." The machine shop is equipped with such customary machinists' tools as lathes, grinders, shapers, a milling machine, a boring machine, power hack saws, hydraulic presses, planers , a shear and punch press, and a radial drill press. The journeymen machinists are classified as machinists first and second class , and perform the usual duties required 8 Cf. Matter of American Enka Corporation (Lowland), 80 N. L. R. B. 298; Matter of United States Rubber Company, 80 N. L. R B. 1039. B At the time of the hearing there were three assistant machine shop foremen. The Employer does not know whether there will be any assistant machine shop foremen after production operations begin. 20 The machine shop employees are housed in a separate building . At the time of the hearing there were two blacksmiths and one blacksmith helper. Also working in the machine shop , will be a warehouseman and his helpers , and a clerk in the foreman's office. n There is no interchange of employees among the various departments. Transfers of employees from one department to another ordinarily occur only when an employee expresses a preference , in writing, for a job in another department. WEYERHAEUSER TIMBER COMPANY 823 of such employees. While at the time of the hearing, the machinists worked almost exclusively in the machine shop, they will, after pro- duction begins, also work about the plant to repair heavy duty equip- ment, and in the woods, in the case of heavy breakdowns.12 They will maintain the double end trimmers, the end stampers, and the 11 cranes in the plant, and all precision machinery throughout the plant. Only skilled machinists were hired by the Employer. The Employer does not contend that these employees are not skilled craftsmen. The duties of the auto mechanics will not be limited to the repair of trucks. They will be in charge of repairing and maintaining all Diesel and gas trucks, Diesel tractors, gas powered equipment,13 a shovel loader, and locomotive cranes and shovels. They will do very little work on ordinary passenger cars 14 They will work mostly in the machine shop, but when necessary will go out on the road to take care of breakdowns, and into the woods to make machine adjustments that the woodsmen cannot take care of. Both the auto mechanics and the machinists may work on different parts of the same equipment. When there is a machine breakdown, the auto mechanic may assist the ma- chinist in those repairs. Only skilled employees have been hired for this work. At the time of the hearing the welders were cutting stock for the machinists and blacksmiths, and building and fabricating steel trusses. Under production they will be engaged in repair work, and will be responsible for the repair of all steel work in the plant.15 One of the three welders will probably be assigned to work with the millwrights in the plant. There is no notable difference between the interests of the machinists and the auto mechanics. Although they work on different parts and kinds of equipment and machinery, the skills of these two classifica- tions are substantially the same, and their functions are closely inter.. related. No other employees have similar skills or perform similar duties."' We have previously determined that machinists and auto mechanics are an identifiable and homogeneous group which may con- m When the machinists do work in the woods, they work under the supervision of the woods superintendent. Such shift in supervision , however, ends upon completion of the particular assignment. Is Included in the gas powered equipment are air compressors , welding machines, and 18 water pumps. 14 All major repair work on passenger cars is done in a service shop in town. u There is a great deal of steel work in this plant , inasmuch as the conveyors are all made of steel. 16 There is one mechanic who works in a repair and service shop at the Sutherlin logging operations. He, with a crew of three other men, maintains trucks and small equipment. On occasions , he comes to the machine shop at Springfield when a heavy piece of equip- ment is brought to the shop for repairs . The record does not disclose the precise skills and duties of this mechanic . We do not believe that this employee has such a community of interests with the employees in the unit herein found appropriate , as to be included in a unit with them. 824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stitute a separate bargaining unit?7 We find that a unit composed of machinists and auto mechanics is appropriate for the purposes of col- lective bargaining."' The proposed unit, however, includes in addi- tion to these employees the Employer's welders. In view of the evident disparity of their work and skill, we do not believe that the welders are sufficiently identified in duties and interests to warrant their inclu- sion in a unit with the machinists and the auto mechanics. We shall, therefore, exclude them from that unit is There remains the question of the inclusion of the progressive helpers in the unit. Although there is no formal apprenticeship pro- gram at the Employer's Springfield plant, the Employer has a policy of training progressive helpers to become skilled craftsmen 20 These employees work under the supervision of the machine shop foreman. These employees, however, depending on their skill and preference, may become machinists, auto mechanics, welders, millwrights, or black- smiths. We shall, therefore, include in the unit only such helpers who are regularly assigned to assist the machinists and the auto mechanics. The Employer and the Intervenor urge that the requested unit be denied because of the bargaining history in the industry on a plant- wide basis. The fact that there may be no craft units in the lumber industry is not sufficient to deny to the following group an opportunity to express, through an election, their desires with respect to represen- tation in a separate unit .21 We find that a unit composed of all journeymen machinists and auto mechanics at the Employer's Springfield, Oregon, plant, includ- ing those progressive helpers regularly assigned to assist these em- ployees, but excluding welders, supervisors and all other employees, may constitute a separate unit appropriate for the purposes of collec- tive bargaining. However, we shall make no final unit determination 17 Matter of Columbia Pictures Corporation , 80 N. L R . B 1381; Matter of St. Regis Paper Company (Kraft Pulp Division), 80 N. L. R. B. 570; Cf. Matter of Tin Processing Corporation, 80 N. L. R. B. 1369; Matter of Owens-Corning Fiberglas Corporation, 81 N. L. R. B. 441. 11 The facts in this case do not indicate that the Employer 's operations are so highly integrated that a recognized craft group should be denied an opportunity for separate representation. 19 The instant case is distinguishable from those cases in which the Board found appropriate a multi-craft maintenance unit, where there was also no history of collective bargaining in the plant . Matter of Weston Biscuit Company, Inc., 81 N. L. R. B. 407; Matter of Armstrong Cork Company, 80 N. L. R. B. 1328; Matter of The Goodyear Tire & Rubber Company, 80 N. L. R. B. 1347. n The Employer's Springfield manager testified that the progressive helper system "leads to the same thing" as an apprenticeship program. These helpers are hired at a starting rate of 5 cents above that for common labor. The machine shop foreman may, within his discretion, increase the pay of such helpers 5 cents every 6 months. 21 Matter of Crocker, Burbank and Co., Asscn., 80 N. L. It. B, 7T4; Matter of Doehier- Jarvis Corporation (Doehler Die Casting Division ), 81 N. L. It. B 1097; Matter of Hunter Packing Company, 79 N. L. It. B. 197 ; Matter of International Harvester Company (Fort Wayne, Indiana, Plant), 80 N. L. R B. 1451. WEYERHAEUSER TIMBER COMPANY 825 at this time, but shall be guided in part by the desires of these em- ployees as expressed in the election hereinafter directed. If a ma- jority vote for the Petitioner, they will be taken to have indicated their desire to constitute a separate appropriate unit. DIRECTION OF ELECTION 22 As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees described in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether they desire to be represented, for purposes of collective bargaining, by Santiam District Lodge 163, International Association of Ma- chinists, or by International Woodworkers of America, CIO, Local 5-246, or by neither. a Any participant in the election herein directed may, upon its prompt request to, and approval thereof by, the Regional Director, have its name removed from the ballot.