Industrial Forestry Association

INDUSTRIAL FORESTRY ASSN. 295 Industrial Forestry Association and Local Union No. 3-1, International Woodworkers of America, AFL- CIO, Petitioner. Case 19-RC-7693 January 14, 1976 DECISION ON REVIEW BY CHAIRMAN MURPHY AND MEMBERS FANNING AND PENELLO On October 17, 1975, the Acting Regional Director for Region 19 issued a Decision and Direction of Election in the above-entitled proceeding in which he directed an immediate election in a unit of all em- ployees employed by the Employer at its Toledo, Washington, facility, excluding office clerical em- ployees, guards, and supervisors as defined in the Act. Thereafter, in accordance with National Labor Relations Board Rules and Regulations, Series 8, as amended, the Employer filed a timely request for re- view of the Acting Regional Director's decision on the ground that, in directing an immediate election, he departed from well-established precedent. By telegraphic order dated November 10, 1975, the National Labor Relations Board granted the request for review and stayed the election pending decision on review. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has considered the entire record in this case with respect to the issues under review and makes the following findings: We find merit in the Employer's contentions that it is engaged in a seasonal industry 'and that, accord- ingly, the election should be held at or about the next seasonal peak of employment during the spring of 1976. The Employer, a nonprofit corporation, is primar- ily engaged in-the growing of tree seedlings on a con- tract basis for its member companies in the forest products industry. In providing this service, the Ern ployer operates three nurseries located in Canby, Or- egon; Olympia, Washington; and Toledo, Washing- ton. The Toledo, Washington, facility is the Employer's newest nursery and the subject of this proceeding. In June 1974, the process of developing the Toledo nur- sery commenced and in April 19751 the Employer began hiring employees to plant the first seedlings. At the hearing in September, the Employer estimated that the work force, which numbered 33 employees a few weeks earlier, would be reduced to approximate- ly 6 employees in early October. The, remaining 27 employees were to be placed on layoff status and recalled, on the basis of seniority, in March or April 1976, when the next planting season begins. The rec- ord reveals that the Employer will need approximate- ly 20 to 26 employees during the spring of 1976 and that employment for these employees will continue to be available into the winter of 1976. The record also reveals that approximately 50 percent of the laid-off employees can reasonably be expected to re- turn to work for the next planting season? In view of the foregoing and the record as a whole, we conclude that the Employer is engaged in a sea- sonal industry and, in accordance with the Board's usual policy with respect to such industries,' we shall defer the election until a time deemed appropriate by the Regional Director at or about the next seasonal peak of employment during the spring of 1976. Ac- cordingly, we shall remand the case to the Regional Director for the purpose of conducting an election pursuant to his Decision and Direction of Election, as modified herein, except that the eligibility ,date for the election shall be the payroll period immediately preceding the date of issuance by the Regional Di- rector of his notice of election. [Excelsior footnote omitted from publication.] i All subsequent dates herein are in 1975 unless otherwise indicated. 2 This estimate is based, inter alia, on the historic recall patterns at the Employer's other two nurseries and the projections of the Employer's super- visory personnel. 3 See Brooksville Citrus Growers Association, 112 NLRB 707, 710 (1955); Nephi Processing Plant, inc., 107 NLRB 647, 649 (1953). 222 NLRB No. 60