Cobbs and Mitchell

In the Matter of COBBS AND MITCHELL and INTERNATIONAL WOOD- WORKERS OF AMERICA , LocAL No. 5-92, C. I. O. Cases Nos. R-5598 and R-5599.-Decided July 14, 1943 Mr. C. L. Starr, of Portland, Oreg., for the Company. Messrs. Barry George and Harvey Nelson, of Portland, Oreg., for the C. I. O. Messrs. Reese Wingard and W. 0. Kelsay, of Eugene, Oreg., for the A. F. of L. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by International Woodworkers of Amer- ica, Local No 5-92, affiliated with the C. I. 0., herein called the C. 1. 0., alleging that questions affecting commerce had arisen concerning the representation of employees of Cobbs and Mitchell, Valsetz, Oregon, herein called the Company, the National Labor Relations Board there- after consolidated the cases and provided for an appropriate hearing upon due notice before. Joseph D. Holmes, Trial Examiner. Said hearing was held at Salem, Oregon, on June 23, 1943. The Company, the C. I. 0., and Lumber & Sawmill Workers Union, Local Unions Nos. 2692 and 2636, affiliated with the American Federation of Labor, herein called the A. F. of L., appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and toyintroduce 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: 51 N. L. R. B., No. 66. 320 COBBS AND MITCHELL FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 321 Cobbs and Mitchell, an Oregon corporation with its principal office and place of business at Valsetz, Oregon, is engaged in the manufac- ture and sale of lumber and lumber products. During the year 1942, the Company processed approximately 50,000,000 board feet of lum- ber, approximately 100 percent of which was shipped to points outside the State of Oregon. II. THE ORGANIZATIONS INVOLVED International Woodworkers of America, Local No. 5-92, affiliated with the Congress of Industrial Organizations, and Lumber & Sawmill Workers Union, Local Unions Nos. 2692 and 2636, affiliated with the American Federation of Labor, are labor organizations admitting employees of the Company to membership. III. THE QUESTIONS CONCERNING REPRESENTATION On March 15 and March 19, 1943, the C. I. O. requested recognition as bargaining representative of the employees engaged in the Com- pany's mill and logging operations, respectively. The Company declined to recognize the C. I. 0., asserting that it was bound by existing agreements with the A. F. of L. covering the employees in question. Since 1936, the Company has bargained with the A. F. of L. as representative of the employees of both the mill and logging opera- tions. On March 13, 1941, Local 2692 of the A. F. of L. and the Company entered into a collective bargaining contract covering the employees of the logging operations, and on April 9, 1941, Local 2636 of the A. F. of L. entered into a similar contract with the Company covering the employees of the mill; these contracts have no expiration date and can be terminated at any time on 30 days' written notice. Although the parties entered into supplemental agreements, amend- ing the original contracts to provide for a closed shop and to extend their existence for the duration of the war, the exact date of their execution was not disclosed nor are the instruments dated.' The A. F. of L. contends that the contracts, and the supplements attached thereto, constitute a bar to a present determination of representatives. Since the original contracts have been in effect for over 2 years and are terminable upon 30 days' notice, and since the Company was i The Company's vice president testified to the effect that he thought the supplemental agreements were executed some time in April 1943. The A. F. of L. offered no evidence pertaining to the date of execution. 322 DECISIONS OF NATIONAL LABOR R'ELA(rION$S BOARD notified of the claim of the C. I. 0. previous to the time of execution of the supplemental agreements, we find that • the contracts do not constitute a bar to this proceeding.2 A statement prepared by a Field Examiner and membership lists submitted by the A. F. of L., introduced in evidence at the hearing, indicate that the unions represent a substantial number of employees in the units hereinafter found to be appropriate.3 We find that questions affecting commerce have arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNITS We find, substantially in accordance with a stipulation of the parties,4 that the following groups of the Company's employees con- stitute units appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act: (1) All production, maintenance, construction, and transportation employees of the Company's sawmill, excluding clerical and super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action; and (2) All production, maintenance, construction, and transportation employees of the Company's logging operations, excluding clerical and supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the questions concerning representation which have arisen be resolved by elections by secret ballot among the em- 2 See Phelps Dodge Refining Corp, 40 N. L R B 1159; American Radiator & Sanitary Corp, 35 N L R B. 172; and La Plant-Choate Mfg. Co., Inc., 29 N. L. R B. 40. 3 The Field Examiner 's statement shows that the C. I. 0 submitted 64 applications for membership cards in support of its claim with respect to the mill unit, all of which bear apparently genuine signatures, and 62 of which bear names of persons whose names are listed on the Company's pay roll of March 31, 1943 ; there are 182 employees in the appro- priate unit . The cards were dated as follows : 1 in November 1942. 10 in March 1943, and 53 in April 1943. The C. I. 0. also submitted 13 cards to the Trial Examiner , 9 of which bear names of persons whose names are listed on the Company 's pay roll of March 31, 1943. In support of its claim with respect to the logging unit, the C . I. 0. submitted 38 applica- tion-for-membership cards, all of which bear apparently genuine signatures , and 36 of which bear names of persons whose names are listed on the Company 's pay roll of March 31, 1943; there are 82 employees in the appropriate unit. Two cards were dated in March 1943 and 36 in April 1943. The A . F. of L. submitted a list dated June 23, 1943 , bearing 122 names, and 19 member. ship cards in support of its claim with respect to the mill unit. The cards were dated in June 1943. It also submitted a list, dated June 23, 1943, bearing approximately 81 names in support of its claim with respect to the logging unit . The Trial Examiner did not check the names on either list with the Company 's pay roll. 4 These are substantially the same units as covered by the contracts. COBBS AND MITCHELL 323: ployees in the respective units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in they Direction. DIRECTION OF ELECTIONS By virtue-of and pursuant to the power vested in the National- Labor Relations Board by Section 9 (c) of the National Labor Rela- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is, hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Cobbs and Mitchell, Valsetz, Oregon, elections 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 the employees in the units; found appropriate in Section IV, above, who were employed by the- Company at its sawmill and logging operations at Valsetz, Oregon,. 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 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 employees who, have since quit or been discharged for cause: (1) to determine with respect to the employees in the unit described in paragraph, (1) of Section IV, whether they desire to be represented by International Woodworkers of America, Local No. 5-92, affiliated with the C. I. O., or by Lumber & Sawmill Workers Union, Local No. 2636, affiliated with the A. F. of L., for the purposes of collective bargaining, or by neither; and (2) to determine, with respect to the employees in the unit described in paragraph (2) ,of Section IV, whether they desire to be represented by International Woodworkers of American, Local No. 5-92, affiliated with the C. I. 0., or by Lumber & Sawmill Workers Union, Local No. 2692, affiliated with the A. F. of L., for the purposes of collective bargaining, or by neither. 540612-44--vol. 51-22