Pacific Lumber Co.

In the Matter of PACIFIC LUMBER COMPANY and LUMBER & SAWMILL WORKERS, LOCAL 3053, U. B. of C. & J. oF'A., A. F. L. Case No. R-5576.Decided July 17,1943 Mr. H. L. Ricks, of Eureka, Calif., for the Company. Mr. Martin Balke, of Eureka, Calif., for the Union. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Lumber & Sawmill Workers, Local 3053, U. B. of C. & J. of A., A. F. L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Pacific Lumber Company, Field's Landing, California, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Gerald P. Leicht, Trial Examiner. Said hearing was held at Eureka, California, on June 22, 1943. The Company and the Union appeared, partici- pated, 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 of filing briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS" OF FACT 1. THE BUSINESS OF THE COMPANY Pacific Lumber Company, a Maine corporation, has its principal offices at San Francisco, California, and its principal plants and yards at Scotia, California, where it is engaged in the business of logging, milling, and selling lumber and lumber products. In addition to the mill and yards at Scotia, the Company also operates a branch yard and dock terminal located at Field's Landing, California. 51 N. L. R. B., No. 81. 407 408 DECISIONS OF NAT'IO\AL LABOR REfLATIONS BOARD During the calendar year 1941, the Company purchased for use at its Scotia plant, raw materials valued at approximately $860,000, of which approximately 80 percent was obtained from points outside the State of California. During the same period, the Company manufac- tured at its Scotia plant finished products of a value in excess of $1,000,000, of which approximately 60 percent was shipped to points outside the State of California. The Company admits that it is engaged in commerce within the meaning of the National Labor Rela- tions Act. II. THE ORGANIZATION INVOL\ ED Lumber & Sawmill Workers, Local 3053, United Brotherhood of Carpenters and Joiners of America, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 30, 1943, the Union requested that the Company recognize it as the exclusive collective bargaining representative of the Com- pany's employees at Field's Landing. The Company declined the request upon the ground that the unit claimed by the Union was inappropriate. A statement by the Regional Director, introduced in evidence at the hearing, indicates that the Union represents a subtsantial number of employees in the unit hereinafter found appropriate 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. THE APPROPRIATE UNIT The Union contends that all employees of the Company at-its Field's Landing, California, dock and yard, exclusive of supervisors and bosses, constitute an appropriate unit. While the Company does 'not object to the exclusions requested by the Union, it does contest the scope of the proposed unit and claims that the unit should em- brace not only the employees at Field's Landing but also those at the Scotia mills and yards. The Company's yard and dock known as Field's Landing has been in existence since 1908 or 1909, and in 1912 provided employment for about 125 employees, at which time it was the sole distribution point 'The Regional Director reported that the Union had submitted 13 signed application- for-membership cards , all dated in May 1943, of which 12 bore the apparently genuine signatures of persons whose names appear on the Company 's pay roll of June 11, 1943. containing the names of 13 persons within the claimed appropriate unit. PACIFIC LUMBER COMPA\I 409 by water for all the production from the Company mills located at Scotia, a distance of approximately 20 miles from Field's Landing. At the present time, however, due to a change in transportation facili- ties, the clock and yard at Field's Landing handles but a very small part of the Company's shipments and is maintained by approximately 13 employees, exclusive of supervisors. On the other hand, notwith- standing the possible elimination of Field's Landing from future operations of the Company, there is nothing in the record to'indicate when, if ever, such event is likely to occur. From the point of view of Company organization, the yard and dock at Field's Landing, though constituting a department of the main operations aid under the general supervision of the superintend- ent of distribution, are nevertheless under the immediate supervision of a separate foreman or supervisor who has the right not,only to discharge employees working under him, but may also select pros- pective employees subject to the approval of the central employment office and the passing of a physical examination on the part of the person selected for employment. Employees at Field's Landing are, moreover, generally considered as permanently assigned to this location, there having been virtually no interchange of employees between Scotia, and Field's Landing in recent times. In addition, em- ployees at the latter yard have generally considered themselves as apart from the Scotia operations and have always discussed with the local foreman matters relating to wages, hours, and other conditions of employment. While employees at both Scotia and Field's Landing perform simi- lar work, are paid the same wage scale, and enjoy generally the same working conditions, the employees at each location live for the most part in the vicinity of their respective places of employment, have little if any opportunity for mutual relations, and at the present time are either organized or in the process of being organized by separate locals of the A. F. of L. Of these the local at Scotia has made but, slow progress ii its organizing campaign due to the restraining in- fluence of recent unfair labor practices on the part of the Company? On the other hand, the Field's Landing local, the charter of which limits its membership to employees at Field's Landing, has effectively organized the Company's employees, which organization has been entirely confined to the employees at Field's Landing. Because of the distance between Scotia and Field's Landing, the semi-autonomous character of the Field's Landing operation as evi- 'OnMay 27 . 1943 , the Board issued its Decision and Order directing the Company to cease and desist from certain unfair labor practices. See Matter of Pact/c Lumber Corn- pang, 49 N.' L. R. B. 1145. . The fact that unfair labor practices may have contributed to the limited extent of union organization has been considered by the Board as an element in the finding of a unit based on the extent of organization See Matter of Pacific pas d Electric Co., 40 N L. R B. 591. 410 DECISIONS OF NMPIONAL LABOR RELATIONS BOARD dented by its position under a separate foreman with substantial in- dependent authority, the absence of any appreciable intercharge of employees between Scotia and Field's Landing, the local interests of Field's Landing employees, and the fact that practically all such em- ployees have signified their desire for collective bargaining by becom- ing members of the petitioning local, together with the fact that ef- fective union organization is at present limited to the employees at Field's Landing, we are of the opinion that the employees at Field's Landing constitute a homogeneous group suitable for the purposes of collective bargaining.' We find that all employees of the Company employed at its Field's Landing dock and yard, excluding 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 collective 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 the em- ployees in the appropriate unit 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 Di- rection. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National La- bor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article 111, Section 9, of National Labor Re- lations 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 Pacific Lumber Company Field's Landing, California, an election by secret bal- lot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and su- pervision of the Regional Director for the Twentieth 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 unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preced- a See Matter of, Meadow Valley Lumber Co., 32 N. L. R. B. 115; Matter of Max Pollack, Inc., 38 N. L. R. B. 966; Matter of Pacafio Gas & Electrzc Co, 40 N. L. R. B. 591; Matter of Abraham Brothers Packing Company, 47 N. L. R. B. 1338; Matter of Woodside Cotton Malls Co., 48 N. L. R B. 518. PACIFIC LUMBER COMPANY 411 ing 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, to determine whether or not they desire to be represented by Lumber & Sawmill Workers, Local 3053, U. B. of C. & J. of A., A. F. L., for the purposes of collective bargaining.