Thunder Lake Lumber Co.

In the Matter of THUNDER LAKE LUMBER COMPANY and LOCAL 12-220, INTERNATIONAL WOODWORKERS OF AMERICA (AFFILIATED WITH C. 1. 0.) Case' No. R-41071.-Decided August 18, 1.9 2 Jurisdiction : lumber sawing and planing industry. Investigation and Certification 'of Representatives : existence of question: refusal to accord petitioner recognition until certified by the Board; election necessary. Unit Appropriate for Collective. Bargaining :' production and maintenance employees at Company's Rhinelander, plant, excluding. clerical and super- visory employees, yard lumber graders, log scalers, watchmen, and the barn boss ; stipulation as to. Mr. Clarence A. Meter, for the Board. Mr. R. J. Mueller and Mr. 0. S.,Hoebreek v, of Rhinelander, Wis:, for the Company. - Mr. Clifford Raker, of Rhinelander, Wis., for the Union. Mr. Raymond J. Heilman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Local 12-220, International Wood- workers of America (C. I. O. ),1 herein called the Union, alleging that a question- affecting commerce had arisen concerning the representa- tion of employees of Thunder Lake Lumber Company, Rhinelander, Wisconsin, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before, Steplien M. _ Reynolds, , Trial Examiner. Said, hearilig was held at Rhinelander, Wisconsin, on July 27, 1942. The Company and the Union appeared, participated, and were afforded full- opportunity to be heard, to examine and cross-examine witnesses, and to introduce 1 The petition was filed by District 12,'International woodworkers of America ( C. I. 0.) at the hearing it was amended to designate the petitioner as Local 12-220, International Woodworkers 'of America ( C. I. 0.). 43 N. L R. B., No. 49. 321 .481039-42-vo1.43=21 ,322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD, evidence bearing upon the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Thunder Lake Lumber Company, a Wisconsin corporation, is en- gaged iii the sawing and planing of lumber and operates plants at Rhinelander and near Hurley in the State of Wisconsin. This pro- ceeding involves only the plant at Rhinelander. The Company's gross sales in the- past year amounted in value to approximately $1,000,000. Approximately 70 percent of the raw materials used by the Company is obtained' outside the State of Wisconsin. Approxi- mately 30 percent of the products of the Company's plants is sent out of the State. The Company admits that* it is engaged in, commerce within the, meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Local 12-220, International' Woodworkers of America, affiliated with the Congress of Industrial Organizations, is a labor organza= tion, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On June 19, 1942, the Union requested recognition of the Company as the exclusive bargaining representative of the Company's pro- duction and maintenance employees. The Company refused such recognition unless the Union should establish that it represented a majority of the Company's employees in an appropriate unit at the Rhinelander, plant; the Company further refused such recognition without certification by the Board:, A statement of the Regional Director for the Twelfth Region; in- troduced into evidence at the hearing, indicates that a substantial, number of the Company's employees at the Rhinelander plant within the unit hereinafter found to' be'appropriate, have designated the Union as their bargaining representative.2 2 The Regional Director reported that the Union submitted 70 application cards, of which 66 were dated between' May 6 and June 24, 1942, and 4 were undated ; that the signatures on 64 of the cards appeared to be genuine and 'eeie those of persons listed on the Company's pay roll for the period ending June,20, 1942, and included in the alleged appropuate unit , that the pay roll listed 163 navies , of which 147 appeared to be those of persons in the apropriate unit ' ' ,"At the hearing an officer of the Company testified that the number of production and maintenance employees, exclusive of ' supervisory' and' clerical employees, is 149. THUNDER LAkE LUMBER COMPANY 323 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 We find, in accordance with a stipulation of the parties,3 that all production and maintenance employees of the Company at its Rhine- lander plant, excluding clerical and supervisory employees, yard lumber graders, log scalers, watchmen, and the barn boss, constitute a unit appropriate for the purposes of collective bargaining within, the meaning of Section 9 (b) of the Act. V. THE DETERMINATION I 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 our Direction of Election, 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Relations 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 cellective bargaining with Thunder Lake Lumber Company, Rhinelander, Wisconsin, 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 of Election, under the di- rection and supervision of the Regional Director for the Twelfth Region, acting in this matter as agent for the National Labor Re- lations Board and subject to Article III, Section 9, of said Rules The unit above found appropriate is the same as that agreed upon, and found ' appro- priate by the Board , in a previous proceeding , Matter of, Thunder Lake Lumber Company and Lumber & Sawmill Workers Union, Inteinat :onal Woodwo?kers of America (C. I. 0.), 31 N. L. R. B 928 . In that proceeding , the Board ordered the petition dismissed because the election had not resulted in the selection of a collective bargaihing representative. 33 N L R B. 312. The parties stipulated that the following individuals should be excluded from the appro- priate unit : Manfied Proft, foreman ; Robert Craig, head filer ;' Alvin Sachse , chief engi- neer ; Ferdinand Boehm, foreman , Edwin Faleski , foreman, Jesse Morgan , foreman, Carl Lee, foreman , Axel Busk , yard lumber grader ; Martin Blevms , yard lumber grader ; Ben Eik, yard lumber grader ; Gunner Elk, yard lumber grader;. Lee Hayward, yard lumber grader ; Heiman Klug, yard lumber grader ; Martin Nyberg, yard lumber grader; Arthur Wilmot, watchman ; David Gericke, watchman ; Henry Trotier, barn boss. The Company does not present employ any log scalers. 324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and Regulations, among the employees 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 any such employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of 'the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local 12-220, International Woodworkers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election. L In the Matter of THUNDER LAKE LUMBER COMPANY and LOCAL 12-220, INTERNATIONAL WOODWORKERS of AMERICA (AFFILIATED WITH C. I. 0.) Case No. R-4071, CERTIFICATION OF REPRESENTATIVES September 15, 1942 On August 18, 1942, the National Labor Relations Board issued its Decision and, Direction of Election in the above-entitled ,proceeding 1 Pursuant to the Direction of Election ai election by secret ballot was conducted on August 27, 1942, under the direction and supervision of the Regional Director for the Twelfth Region (Milwaukee, Wis- consin). On August 28, 1942, the Regional Director, acting pursu- ant to Article III, Section 9, of National Labor-Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Report. No objections to the 'conduct- of the ballot or the Election Report have been filed by any of the parties. , As to the balloting and the results thereof, the Regional Director reported as follows : Total on eligibility list-------------------------------------- 141 Total 'ballots cast------------------------------------------- 136 'Total ballots challenged------------------------------------- 0 Total blank ballots----------------------------------------- 0 Total void ballots------------------------------------------- 0 Total valid votes cast--------------------------------------- 136 Votes cast for Local 12-220, International Woodworkers of America,-(C. I. 0.) --------------------------------------- 100 Votes cast against Local i2-220, International Woodworkers of America, (C. I. 0.) ---------------------------------------- 36 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Local 12-220, International Woodwork- - ers of America, affiliated with the Congress of Industrial Organiza- tions, has been selected by a majority of the production • and maintenance employees of Thunder Lake Lumber Company, at its Rhinelander, Wisconsin, plant, excluding clerical and supervisory em- 143 N. L. R. B. 321. 43 N. L. R. B., No. 49a. 325 326 DECISIONS OF NATIONAL LABOR RELATIONS' "BOARD ployees, yard lumber graders, log scalers, watchmen and the barn boss, as their representative for the purposes of collective bargaining and that pursuant to Section' 9 ,(a) of the National Labor Relations Act, Local 12-220, International Woodworkers of America, affiliated with the Congress of Industrial Organizations, is the exclusive represen- tative 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.