Weyerhaeuser Timber Co.

In the Matter Of WEYERHAEUSLR TIMBER COMPANY, KLAMATH FALLS BRANCH and LUMBER AND SAWMILL WORKERS UNION, LOCAL No 3026, A F L Case No. R-3838-Decided July 15, 19/53 Jurisdiction : lumber industry Investigation and Certification of Representatives : existence of question re- fusal to accord petitioner iecognition until certified by Board, prior certifica- tion of rival oigaurzation held no bar, where it had been operatiNe for over a year, and the appropriateness of a production and maintenance unit had not been previously decided, automatic renewal of contract held no bar,- where petition was filed more than 30 days prior to yearly expiration date, and Con- ti act had been in effect for over a year , two affiliates of the same parent organi- zation placed on one ballot despite jurisdictional dispute, where rival, organization sought to represent same employees, elections necessary Unit Appropriate for Collective Bargaining - where mill operations were so interrelated that a single production and maintenance unit could be found appropriate, and where a maintenance unit had previously been found appro- piiate, employees in the maintenance unit were permitted to indicate by vote whether they desired to continue as separate unit of to become part of a single production and maintenance unit, list of supervisors excluded pursuant to stipulation of interested parties, pond toienran and assistant fire chief included in production voting group, assistant up-track foreman vie bided rn mainte- nance voting group 31r. TV E Heidznger, of Tacoma, Wash , for the Company Mr. John G. Wolf, of Medford, Oleg , and Mr John Stanzoch, of Klamath Falls, Oi eg, foi the L & S W Mr. George Br own, of Klamath Fails, Oreg , and AI r Adolph Ger- mer, of Seattle, Wash , for the I W A Mr M A Lovay, of Portland, Oieg , foi' the I. A M Mr Charles W Tower, of Medfoid, Oieg , for the I B E W Mr Robert E Tzllman, of counsel to the Boar d DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petition duly filed by Lumbei and Sawmill Workers Union, Local No 3026 , A F L , herein called theV'L `& S ^ W , alleging that a question affecting commerce had arisen conceining the representation 42 N. L R B, No 103 499 500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of employees of Weyerhaeuser Timber Company, Klamath Falls, Ore- gon heieui called the Company the National Labor Relations Board provided for an appiopi late hearing upon due notice befoie Loins S. Penfield, Trial Examniei Said hearing was held at Klamath Falls, Oregon, on Ma 3 19, 1942 The Company, International Woodwoikers of America; Local 6-12, C I 0 , herein called the I W A , Intei.na- tional Association of Machinists, Lodge No. 1473, herein called the [ A M,' and International Brotherhood of Electrical Workers, Local Union 659, A F of L, heiein called the I B E W, appeared, participated, and were affoi ded full opportunity to be-heai d, to exarn- me and cross-examine witnesses, and to introduce evidence bearing on the, issues The Tiial Examinei's iulings made at the hearing are free from prejudicial erioi and are hereby affirmed. On May 5, May 28, June 6, June 8, and June 15, 1942, respectively, the I W A , the L & S W. the I A. M., the Company, and the parent body of I A M filed briefs which the Board has considered During the course of the hearing, the I A M and the I B E W. joined in a motion that the L & S W. petition, insofar as it affected the unit presently represented by the I A M, should be dismissed , In view of the findings of fact set forth in Sections III and IV, an fra, the motion is hereby denied Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I VIE BUSINESS OF THE COMPANY Weyerhaeuser Timber Company is a Washington coipoiation en- gaged in logging operations and in the piocessing and sale of fir, cedar, pine, and hemlock timber It operates manufacturing branches in the States of Washington and Oregon This pioceedmg concerns only its operations at Klamath Falls, Oregon Duiing 1940, the Com- pany produced approximately 2 million feet of lumber at its Klamath Falls Branch, about 85 percent of which was shipped to points out- side the State of Oregon All the logs used at the Klamath Falls Branch are shipped theie from points within the State of Oiegon 2 The Company admits that in its-operations at the Klamath Falls Branch it is engaged in commerce, within the meaning of the National Labor Relations Act I The record is ambiguous in designating the local number of the T A M Thus, instead of "Lodge No 1473 " there also appears "Local 1374 " See footnote 4, infra, indicating inat "Lodge No 1473" as previously certified by the Board 2 Pursuant to a stipulation of the Company , these findings of fact are based upon findings made by the Board in Matter of IT'eyerhaeusev Timber Company Klamath. Falls Blanch and Lumber and Saninall IPorlers Union , Locals Vos 2520 and "924, affiliated with 4 F of L, 39 N L R B 48 f, 11, WEYERHAEUSER TIMBER COMPANY II THE ORGANIZATIONS INVOLVED 501 Lumber and Sawmill Workers Union, Local No. 3026, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company International Woodworkers of Ameilea, Local 6-12; affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. International Association of Machinists, Lodge No 1473, affiliated with the American Federation of Labor, is a labor organization ad- mitting to membership certain maintenance employees of the Company International Brotherhood of Electi ical Workei s, Local Union 659, affiliated with the American Federation of Labor, is a labor organ- ization admitting to membership electricians employed by the Com- pany. III THE -QUESTION CONCERNING REPRESENTATION The parties stipulated that on or about Maich 6, 1942, the L & S W. requested the Company to recognize it as the exclusive bargaining representative of its employees, and that the Company refuses to accord the L. & S W recognition until it is certified by the Board. After an election held pursuant to a decision of the Boaid,3 the I A iVI was certified on May 3, 1941,4 as the baigannuig representative of a unit of all employees in the machine shop and all the electricians, car men, millwrights, and their helpers employed at the Klamath Falls Branch, including certain specified employees, but excluding super- visory employees In this earlier proceeding, the Klamath Basin Dis- tinct Council, iepresenting se-eral L & S W locals, intervened and contended for one unit of production and maintenance employees and a second unit of logging camp employees of the Klamath Falls Bi anch The Board made no finding as to these units, because the L & S. W failed to submit any proof that it represented employees in the pro- posed units, and had not established a local at the plant The-I. W A also intervened, contending for a unit of production and maintenance employees, including employees of the logging camps 5 Since the I W A had not shown that it represented a substantial number of employees in the unit it claimed to be appropriate,6 and since it did 8Mattei of Weyerhaeuser Timbei Company and Intonational Association of Machinists, Lodge No 1y73, affiliated with the Amei ican Federation of Labor, 30 N L R B 872 4Matter of Weyerhaeuser Timber Company and International Association of Machinists, Lodge No 1473, affiliated with the American Federation of Labor, 31 N L R B 843 5 Since-this proceeding toe Board has found the logging camp employees of the Klamath Falls Branch of the Company to constitute an appropriate unit See decision cited in foot note 2, sups a 'The I W A submitted caids bearing only 95 signatures of peisons whose names ap peared on the Company pay roll for Januaiy- i941, which listed approximately 1178 em- ployees in the unit which the I W A claimed to be appropriate O 502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD not desire an election, the Boaid made no finding as to the appropriate- ness of the unit proposed by the I W A The I A M now pleads this prior certification as one ground-in support, of its motion to disiniss the L & S W. petition Since the question of whether a production and maintenance unit is appropriate has not been previously decided by the Board, and 'inasmuch as the certification of the I A M has been operative for over a year, this certification is no bar to a piesent investigation of the question con- cerning representation' The I. A M and the Company entered into a collective bargaining contract covering employees in the unit in which the I A M was certified by the Board as the bargaining representative This contract became effective July 1, 1941, for a period of one year, to be renewed thereafter from year to yeai unless either party gave notice to the other 30 days before the - expii ation of any yearly period of a desire to terminate it No such notice has been given The I A M urges this contract as a second grour.d in support of its motion to dismiss the L & S W petition Since the L & S W petition, filed March 14, 1942, was filed more than 30 days prior to the yearly expiration period of the contract, namely July 1. 1942, and the contract has been in effect for over a year, we find that automatic renewal of the contract does not operate as a bar to a present-determination of representatives S I statement of a Field Examiner, introduced into evidence at the hearing, supplemented by cards introduced at the hearing, indicates that the L & S W, the I W A, and the I A M each iepresents a substantial number of employees in the unit claimed by each to be appropriate 9 4 Matter of LaPlant-Choate Manufacturing Co , Inc and United Farm Equipment Workers Organizing Committee, Local 116, affiliated with the C 1 0 , 29 N L R B 40 8 See Matter of Pressed Steel Car Company, Inc and Steel Workers Organizing Committee, 41 N L R B 6, and cases cited therein - 9 The L & S W submitted 361 application-for-membership cards, all bearing apparently genuine original signatures Of these cards, 25 were dated between December 1940 and January 1942, 2 were dated January 1942, 111 February 1942, 154 March 1942, 55 in April and May 1942, and 14 were undated Of the signatures, 302 were names of persons whose names appeared on the Company s pay roll of March 12, 1942, which listed 818 persons in the proposed industrial unit The I W A submitted 164 apolication-for-membership cards, all bearing apparently genuine signatures Of these cards 61 were dated between December 1940 and January 1942, 6 were dated January 1942, 70 February 1942, 24 March 1942, and 3 were undated Of the signatures, 121 were names of persons whose names appeared on the aforementioned pay roll The I A M submitted its dues book, showing the names of 46 members in good standing as of March 17, 1942 Thn ty-six of these names were on the aforementioned pay roll, which listed 100 persons in the unit at present represented by the I A M The I B E W submitted its dues records, showing the names of 5 persons listed on the aforementioned pay roll within the I A M unit That pay roll contained the names of 14 electricians Forty-five of the L & S w cards bore the names of persons within the I A M unit, including 25 of the 36 members of the I A M whose names appeared on the pay roll Two I W A cards bole names which appeared on the pay roll within the I A M unit -Q WEYERHAEUSER TIMBER COMPANY 503 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 L & S W requests a unit of all production and maintenance employees in the Company's Klamath Falls Branch mill operations, including all employees in the machine shop, all electricians, car men, millwrights,_ and their helpei s, but excluding supervisory and clei ical employees, and conductois, brakemen, firemen, engineers, and hostlers on the Company's logging trains The Company and the I W A agree that the unit requested by the L & S W is appropriate. The I A M and the I B E W contend that the unit in which the I A M was previously certified as the bargaining representative is still ap- propriate, na"iinely, all employees in the machine shop, including all electricians,1o car men, millwrights, and their helpeis, but excluding supervisory employees The Klamath Falls Branch consists of several buildings which house a saw mill, a box factory, a planer mill, a green chain, a dry kiln, a shipping department, a powerhouse, and a machine shop Over the entire branch, including two logging camps, is a managei Undei him is a superintendent of the logging opeiations, a supei intendent of the mill operations, and a superintendent of the maintenance of machinery division The Company contends that its mill operations are so inteirelated that a slu ;le unit for bai gaining puiposes is appropiiate and that more than one unit would engender inhaimonious relations In support of its contention, the Company cites language fiom one of our prior lumber mall decisions 11 We aie agreed with the Company, the I W A , and the L & S W, that a single production and maintenance unit could be found to be appropi late The unit in which the I A M was previously certified comprises most of the employees in the maintenance of machinery division referred to above The only groups of employees in this division who are not included within the I A M unit are the powerhouse employees, the watchmen, the gatemen, and the fire protection men The I. A Al unit numbers approximately 100 employees and includes machinists, blacksmiths, welders, millwrights, electricians, car men 30 The I B E W has a working agreement with the I A M, whereby the Company's elec- tricians are included within the I A M unit, but remain under the jurisdiction of the I B E W r 11 See Matter of Weyerhaeuser Timber Company, Longview Branch and International Woodioorliers of America, Local No 86, affiliated with the Congress of Industrial Organiza- tions, 29 N L R B 571, 581 504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or car builders, and a miscellaneous group of other maintenance employees Since we have previously found the I A M unit to be appropriate as a separate bargaining unit, and now find that it could be included in a larger production and maintenance unit, we shall direct that the employees in the I A M unit.rndicate by vote whether they,desire to continue being represented in a separate unit or wish to be repre- sented as part of a production and maintenance unit i2 The L & S W and the I A. M , both of whom are affiliated with and subject to the jurisdiction of the American Fedeiation of Labor, are seeking to represent employees in the I A M unit The I A M argues that a jurisdictional dispute is thus presented and that the L & S W petition should therefore be dismissed We have cus- tomarily dismissed proceedings involving jurisdictional disputes between two unions subject to discipline by the same parent organiza- tion However, in this proceeding the I W A, which is not a party to the jurisdictional dispute, is also seeking to represent employees in the I A M unit We must, therefore, deteimine the question con- cerning representation 'despite the collateral dispute between the I A M and the L & S. W.13 The question arises, however, whether, in the election among employees in the I. A M unit, we should place the names of both American Federation of Labor unions on the bal- lot To leave one of them off this ballot would be arbitrary, to leave them both off would viitually compel the A F of L adherents to vote against any collective bargaining Hence we shall place the navies of both the I A. M and the L & S W on the ballot in the election hereinafter ordered among employees in the I A M unit.14 We shall direct that separate elections shall be held (1) among all employees in the machine shop of the Company, including all elec- tricians, car men, millwrights, and.their,helpers, but excluding super- visory employees, to determine whether they desire to be represented by the L & S W, the I W A. the I A M, or none, and (2) among the remaining production and maintenance employees of the mill oper- ations of the Company, to determine whether they desire to be repre- sented by the L & S W, the I W A, or neither Upon the results of these electrons will depend in. part our determination of the appro- 12 See Matter of The Globe Machine and Stamping Co and Metal Polisheis Union, Local No 3, et at , 3 N L It B 294 13 See Matter of Lon0-Bell Lumber Company and International Association of Machinists Local No 1350, affiliated with the American Federation of Labor, 16 N L It B 892 14 If, as a result of the elections oideied in this proceeding , the I A M is again certified as the representative of employees in the present I A AT unit, or if the L & S w is certi- fied i s the iepresentatnre of a unit including the employees in the present I A M unit, our certification would not be a holding that such A F of L affiliate is the union authorised by the A F of L to assert jurisdiction over employees in the present I A M unit It would be u holding that such A F of L affiliate is the exclusive representative of employees of the Company in an appropriate unit for the purposes of collective bargaining WEYERHAEUSER, TIMBER COMPANY 505 priate unit or units If a majority of the employees in the machine shop, including electricians, car men, millwrights, and their helpers, but excluding supervisory employees, select the I A M. as their repre- sentative, they will, remain a separate unit, if a majority of them choose the same xepresentative,as,is,chosen by,a majority of,the remain- ing production find maintenance employees, then the employees in the machine shop, including the electricians, car men, millwrights, and their helpers, but excluding supervisory employees, shall be included in the larger industrial unit During the hearing, the Company, the L & S W, and the I W A stipulated, and we find, that all peisons listed on Board's Exhibit 5 as supeivisory'15 do hold supervisory positions and should be excluded from the unit, with the exception of W D Crawford, who is listed as pond foreman The record does not disclose whether Ci awford has power to hire or discharge, but the manager of the Klamath Falls Branch-stated,that he could recommend hir=ing,and discharging Craw- ford woiks with his men approximately 50 percent of the time, and the parties to the stipulation agreed that he should be included in the appropriate unit In view of the agreement of the parties concerned, and the other facts presented herein, we shall include Crawford in the production and maintenance voting group The L & S W, the I W. A, the I A M, and the Company agreed that John Bushong, assistant rip track foreman, should be included in the appropriate unit Bushong has replaced L L Robeson, whom the. Board found to be a non-supervisory employee in its prior decision. 'Bushong is actively engaged in making repairs, except when he takes the place of the foreman Witnesses were unable to state how often Bushong was called upon to act as foreman In view of the agreement of the parties and the fact that Bushong has taken the place of an employee whom we included in the machine shop unit in our prior decision, we shall include Bushong in the machine shop voting group The parties are in dispute as to J Robinson, the assistant fire chief. Both the L & S W and the I W A would include him in the appro- priate unit; the I A M would exclude him, and the Company ex- pressed no preference as to him Robinson is part of the fire protection department, a group of employees not included in the present I A M. unit 11 Robinson assists the fire chief and takes his place in his ab- 11 This list includes D G Alter, R C Bruce, D D Burke , M C Dcei ing, H A Delamater, M W Dickinson , M G Gallaspy, J E Herriott, T F Tohnson , R T Lafferty L C Le tike, F R Lutman , D F Masset; L B Menke, E W Palmer; M L Ruge, H D Vlgen, and F A Waits 1° In the Board 's prior decision in which the present I A M unit was found to be appro- priate, the I A M listed certain maintenance employees whorl it wanted excluded as super- visors This list included the name of H A Lindemood , to whose position Robinson has succeeded The Board excluded Lindemood as a supervisory employee Since Lmdemood was an employee in the fire protection department , which was not included in the I A M unit , se do not consider our previous ruling to be determinative of the status of the assistant fire chief with relation to a plant-wide unit of production and maintenance employees 506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sence; the fire chief is away one day a week Robinson does not have the power to hire or discharge except when the fire chief is absent; ordinarily, therefore, he has authority only to recommend hiring and dischaiging Robinson directs employees in their work , but more of his time is spent working on the job than in actual supervising. Since the only labor organizations primarily conceined in our disposition of Robinson aie agreed that he should be included in the appropriate unit, and since his position is very similar to that of Bushong, whom we have included in a voting gioup, we shall include Robinson in the production and maintenance voting group V THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning iepiesentation which has arisen be resolved by means of elections by secret ballot, in which those eligible to vote shall be the employees in the afoiesaid voting groups who were employed during the pay-roll peiiod immediately preceding the date of our Direction of Elections, subject to the limita- tions and additions set forth therein 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 Relations Act, 49 Stat 449, and pursuant to Article III, Section 8, of National Labor, Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as pait of the investigation to asceitain representa- tives for the purposes of collective bargaining with Weyeiliaeuser Timber Company, Klamath Falls, Oiegon , elections by seciet ballot shall be conducted as early as possible , but-not later , than thirty (30) days from the date of this Direction of Elections, under the din ection and supervision of the Regional Director for the Nineteenth Region, acting in this matter as agent for the National Laboi Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the following employees who weie employed by the Company during the pay-roll period immediately preceding the date of this Direction of Elections, including any such employees who did not work during said pay-roll period because they weie ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding those employees who have since quit or have been discharged for cause 1 All employees of the machine shop , including electricians, car men, millwrights, and their helpers, and John Bushong, but excluding supervisory employees , to deter mine whether they desire to be repre- WEYERHAEUSER TIMBER COMPANY 507 sented by Lumber and Sawmill Workers Union, Local No 3026, A. F of L , or by Inter national Woodworkers of America, Local 6-12,, -C I 0, of by International Association of Machinists, Lodge No 1473, for the purposes of collective bargaining, or by none of these organizations, 2 All production and maintenance,employees of the Company's mill operations, including W D- Crawford and J Robinson, but excluding super visoi y and clerical employees, and conductors, brakemen, firemen, engineers, and hostlers on the Company's logging trains, and all em- ployees in group 1 above, to deter mine whether they desire to be repre- sented by Lumber and Sawmill Workers Union, Local No 3026, A F of L, or by International Woodworkers of America, Local 6-12,- C I 0 , for the purposes of collective bargaining, or by neither. Mr WILLIAM M LEISERSON, concuiiing in part and dissenting in part - In May 1941 the Board found that the maintenance employees consti- tuted an apps opi rate bar gai ing unit and certified, after an election, that the I A M had been chosen as the exclusive representative of the employees in this unit for purposes of collective bargaining Pursu- ant to this certification a conti act was negotiated between the Company and the I A. M covering the employees it was authorized to represent. Shortly before the annual renewal date of this contract, the L & S W challenged the right of the I A M to represent the maintenance employees by showing that substantial numbers of maintenance em- ployees as well as, pi oduction employees desired representation by the L & S W Among the production employees the I W A also made a substantial showing of adherents, and therefore a question concern- ing representation is clearly raised which may be resolved by a vote of the production employees. In the maintenance unit, however, the I W A makes no substantial showing, and therefore the only dispute as to representation is between the I A M and the L & S W Since both of these organizations are -affiliated with the American Fedeiatron of Labor, under the rulings of the Board their dispute is jurisdictional and should be referred to the A F of L for determination 17 I would, therefore, direct an-election among the production em- ployees and dismiss the petition of the L & S W insofar as it relates to the maintenance employees 17 4tattez of Aluminum Company of Amezzca and Alunmanum Wozkers Union No 19104, 1 N L R B 530, 536-8, Mattez of Axton-Fishez Tobacoo Company and Intemnatzonal Asso- ezatzon of Machinists, Local No 681, and Tobacco 11'ozlers' Inteznatzonal Union, Local No 16 1 N I. R B 604, 609-13