Sutherlin Timber Products

In the Matter of SUTHERLIN TIMBER PRODUCTS and LUMBER AND SAWMILL WORKERS #7-307, 1. W. A. Case No. B-5546.-Decided July 13,1943 Mr. R. A. Jeub, of Coquille, Oreg., and Mr. E. J. Loney, of Suther- lin, Oreg., for the Company. Messrs. George Brown and Ray Lea, of Portland, Oreg., for the I.W.A. Messrs. W. 0. Kelsay and Reese Wingard, of Eugene, Oreg., for the A. F. L. Miss Frances Lopinsky, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Lumber and Sawmill Workers #7-307, I. W. A., herein called the I. W. A., alleging that a question affecting commerce has arisen concerning the representation of employees of Sutherlin Timber Products, Sutherlin, Oregon, herein called the Coin- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before John E. Hedrick, Trial Ex- aminer. Said hearing was held at Roseburg, Oregon, on June 17,1043. The Company, the I. W. A., and Local Union 3071 Lumber and Saw- mill Workers Union, chartered by the Willamette Valley District Council and affiliated with the American Federation of Labor, herein referred to as the A. F. 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. All parties were afforded the opportunity to file briefs with the Board. 51 N. L. R. B., No. 61. 297 298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY 'Sutherlin Timber Products is a copartnership with its principal •dflice and mill located near Sutherlin, Oregon. It maintains no other offices or plants except a sales office at Portland, Oregon. It is engaged in the manufacture of lumber, receiving its logs on the open market .at Sutherlin, Oregon, and shipping out all of its finished products by railroad. The Company admits that it is engaged in comemrce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Lumber and Sawmill Workers #7-307 is a labor organization affili- ated with the International Woodworkers Association, which is affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Lumber and Sawmill Workers #3071, chartered by Willamette Valley District Council and affiliated with the American Federation 'of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company began to operate in-September 1942. In October the A. F. L. conducted an organizing campaign and at the end of that month it asked to be recognized as the exclusive bargaining represent- ative of the employees of the Company. The Company; after satisfy- ing itself that the A. F. L. did represent a majority of its employees, prepared, and around November 1, 1942, delivered to the A. F. L. a signed copy of a contract dated November 1, 1942. Several meetings were held by members of the A. F., L. for the discussion of certain clauses in the contract with which they were not satisfied. Although both parties treated the contract as if it were in force, it was not signed by the A. F. L. until sometime in March. No changes were made in, the contract as originally submitted by the Company. The actual date on which it was signed was not established by the testimony. On March 6, 1943, the 1. W. A. sent a letter to the Company demanding that it be recognized as the exclusive bargaining representative of the Company's employees. This letter was received on or about March 8, but not answered. On March 11, a representative of the I. W. A. per- sonally contacted the resident manager of the Company and orally de- SUTHERLIN TIMBER PRODUCTS 299 manded recognition but was refused on the ground of an existing, valid contract between the Company and the A. F. L. The secretary of the Southwestern Oregon District of the I. W. A. testified that on March 3, 1943, a committee of the Company's employ- ees advised him that they wished to change their affiliation and that no contract on their behalf had been signed by the A. F. L.. He further testified that employees had informed him that on March 10, 1943, officials of the A. F. L. met with the employees, read the contract to them and advised that it be signed, and that on March 11 the contract was signed by an A. F. L. committee. The A. F. L. and the Company did not adduce any evidence contradicting the foregoing testimony, but stated only in general terms that the contract was executed during the "first part" of March 1943. In view of the evidence adduced by the I. W. A., it was clearly incumbent upon the A. F. L. or the Com- pany to come forward with definite proof that the contract they rely on as a bar was in fact executed prior to the time the Company was apprised of the claim of the I. W. A. That burden of going forward with the evidence has not been sustained. We find that the I. W. A. made its claim prior to the time the contract was executed, and that the contract therefore, is not a bar to a present determination of rep- resentatives. 1 A statement of the Field Examiner introduced in evidence indicates that the I. W. A. represents a substantial number of employees in the unit herein found appropriate for bargaining. 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. TILE APPROPRIATE UNIT We find, in substantial accordance with the stipulation of the. parties, that all employees of the Company at the Sutherlin, Oregon, sawmill, excluding clerical employees 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, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which, has arisen be resolved by an election by secret ballot among employ- i See Matter of Globe Mills, Inc., 41 N. L R. B. 94. R The I. W. A. submitted 21 cards, 1 dated July 21, 1942, the balance dated between March 1 and May 1, 1943 , all bearing apparently genuine signatures. Sixteen of these appeared on the Company 's pay roll of May 15, 1943 . There are approximately 42 em- ployees in the appropriate unit. 300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ees of the Company in the unit found appropriate in Section IV, above, 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 in the Direction. 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- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DmrcTEn that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Sutherlin Timber Products, Sutherlin, Oregon, 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 Nineteenth 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 all employees of the Company 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 employees who did not work during said pay-roll period because they were ill or, on vaca- tion 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 employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Lumber and Sawmill Workers #7-307, I. W. A., affiliated with the C. I. 0., or by Lumber and Sawmill Workers #3071, chartered by Willamette Valley District Council, affiliated with the A. F. L., for the purposes of collective bargaining, or by neither.