Flodin Lumber Co.

In the Matter of SWAN FLODIN, WALTER FLODIN AND ERIC BRYCE, A PARTNERSHIP, D/B/A FLODIN LUMBER COMPANY, EMPLOYER and LUMBER AND SAWMILL WORKERS LOCAL UNION 2719, UNTIED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL, PETITIONER Cale No. 19-RC-223.Decided April 7, 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. 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-man panel.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization named herein claims to represent employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit composed of all production and maintenance employees in the Employer's lumber manufacturing operations located about 41/2 miles east of Thompson Falls, Montana, including employees in the sawmill, planing mill, dry kiln, and yard, but excluding those employees engaged in the Employer' s logging operations, office and clerical employees, professional employees, guards, and supervisors as defined in the Act. The Employer contends * Chairman Herzog and Members Houston and Gray. ' The petition and other formal papers were amended at the hearing to show the correct name of the Employer. 82 N. L. R. B., No. 105. 889 890 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that the unit should be an over-all unit, including employees engaged in its logging operation. The Employer is engaged in the production of lumber. It operates a manufacturing department, consisting of a sawmill, planing mill, dry kiln, and yard. The Employer does its own logging, which is carried on at a location about 20 miles from the manufacturing opera- tions. The Employer employs approximately 62 employees, of whom 37 work in the manufacturing department and 25 work in the logging department. All logs felled by the logging department are used by the manufacturing department to produce the desired lumber. In the spring, after the usual winter shut-down, the manufacturing department begins its operations about 2 weeks before the logging department starts work. During that time some of the logging em- ployees work in the manufacturing department. The logging oper- ations continue about 2 weeks after the manufacturing department closes for the seasonal shut-down. All employees are listed on the same pay roll. They are paid at the same time, work the same number of hours, and enjoy the same holiday privileges. Swan Flodin, one of the partners, is general superintendent over all operations. Eric Bryce, another partner, is foreman over the manu- facturing department. Under Bryce is a foreman for the sawmill and a foreman for the planing mill, dry kiln, and yard. Under Flodin is a foreman for the logging department. There are no other super- visors. During the past 3 years, there have been about six permanent transfers between the logging and manufacturing departments; other- wise there is little interchange of employees. Generally, different skills are required for the two operations. There has been no history of collective bargaining among the Em- ployer's employees. There is no fixed pattern in the lumber industry with respect to the unit placement of logging employees in units of manufacturing employees. On the basis of the facts set forth above, we believe that the employees in the Employer's manufacturing de- partment may constitute a bargaining unit apart from employees in the logging operations.2 Olive Haggerman, classified by the Employer as watchman, works on a night shift from 5 p. m. to 1 a. m. She spends from 4 to 5 hours in clean-up work, makes periodic tours of inspection, primarily to watch for signs of fire. On such tours, she wets down various locations with a fire hose. In the event an unauthorized person comes on the premises, she instructs him to leave. She can not use any force to evict such person, but telephones the sheriff. Inasmuch as Haggerman 2 Matter of Farmville Manufacturing Co., 76 N. L. R. B. 237; Matter of Willamette Na- tional Lumber Company, 74 N. L. R. B. 569, and Matter of A. K. Wasson Timber Company, 64 N. L. R. B. 90. FLODIN LUMBER COMPANY 891 is employed primarily as janitor and fire watcher, we will include her in the appropriate unit.' Upon the entire record in the case, we find that all production and maintenance employees in the Employer's manufacturing department, including sawmill, planing mill, dry kiln, and yard employees and the janitor-fire watcher, but excluding employees in the logging depart- ment, office and clerical employees, professional employees, guards, and supervisors as defined by the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION 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 at such time as the Regional Director for the Region in which this case was heard finds that the Employer is engaged in its manufacturing operations located about 41/2 miles east of Thompson Falls, Montana, under the direction and supervision of the Regional Director and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in para- graph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of the issuance of Notice 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 reinstated prior to the date of the election, and also excluding employees on strike who are hot entitled to reinstatement, to determine whether or not they desire to be repre- sented, for purposes of collective bargaining, by Lumber and Sawmill Workers Local Union 2719, United Brotherhood of Carpenters and Joiners of America, AFL. $ Matter of Johnson Lumber Company, 78 N. L. R. B. 1181.