Carl and Joe Thieler, Inc.,

In the Matter of CARL AND JOE THEILER, INC., EDIPLO]ER and INTERNATIONAL WOODWORKERS' OF AMERICA , CIO, PETITIONER Case No. 18-R-166/..-Decided January 10, 19417 Peterman c6 McClelland, by Mr. L. C. McClelland, of Ironwood, Mich., for the Employer. Mr. Earl Johnson, of Ironwood, Mich., and Mr. Cliff ord A. Baker, of Portland, Oreg., for the Petitioner. Mr. Herbert C. Kane, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES Upon a petition duly filed, the National Labor Relations Board conducted a prehearing election among the employees of the Employer in .the alleged appropriate unit, to determine whether or not they desired to be represented by the Petitioner for the purposes of col- lective bargaining. At the close of the election the parties were furnished a Tally of Ballots . The Tally shows that of the approximately 69 eligible voters, 41 cast valid ballots, of which 40 were for and 1 against the Petitioner. There were 2 challenged ballots. Thereafter, a hearing was held at Houston, Michigan, on Novem- ber 25, 1946, before Clarence E. Meter, hearing officer. The hearing officer's rulings made at the heari ng are free from prejudlcal error and are hereby affirmed. Upon the entire record II1 the case, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. TILE BUSINESS OF THE EDIPLOVI:R Carl and Joe Thieler, Inc., a Wisconsin corporation having its principal office and place of business at Tomahawk, Wisconsin, is engaged in logging operations at Mohawk, and Gratiot Lake, Michi- garl, which are the only operations involved herein. At these opera- tions the Employer, during 1945, produced in excess of 3,000,000 feet of logs valued at more than $100,000, of which approximately 20 per- cent was shipped to points outside the State of Michigan. 72 N. L R. B, No 4 15 i 31?42-47-v0l 72-3 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. TILE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties agree generally that a unit of all employees in and around the logging and log transportation operations of the Employer in the Gratiot Lake region near Mohawk, Michigan, excluding office employees, the woods foreman and all other supervisory employees, would be appropriate. They disagree, however, with respect to the supervisory status of two scalers, a woods scaler and a londing scaler, whose votes were challenged.. The woods scaler works in the woods measuring the number of feet of logs which the sawers have cut. He has no subordinates. The land- ing scaler works at the dock and is in complete charge of a landing crew of approximately five men. He has the power to hire his crew members. We find that the landing scaler is, and the woods scaler is not, a supervisor within the Board's customary definition of that term. Accordingly, we shall exclude the landing scaler and include the woods scaler. We find that all employees in and around the logging and log trans- portation operations of the Employer in the Gratiot Lake region near Mohawk, Michigan, including the woods scaler,' but excluding office employees, the woods foreman, the lancing sealer 2 and all other super- visory employees with authority to hire, promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effec- tively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. Uno Ruona 2 Rouben 'Mattson CARL AND JOE THEILER, INC. V. THE DETERMINATION OF REPRESENTATIVES 17 'i'he results of the election show that the Petitioner has been selected - as exclusive bargaining representative of the employees in the appro- priate unit. We shall, therefore, certify it as such. Inasmuch as the challenged ballots cannot affect the results of the election, we find it unnecessary to direct their disposition. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that International Woodworkers,of Amer- ica, CIO, has been designated and selected by a majority of the em- ployees of the Employer in the unit found appropriate in Section IV, above, as their representative for the purposes of collective bargain- ing, aiid that, pursuant to Section 9 (a) of the Act, the said organiza- tion is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. I