Port Orford Cedar Company

_In the Matter of PORT ORFORD CEDAR COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA, LOCAL No. 116, MARSHFIELD, OREGON Case No. R-1337 Lumber Industry-Unit Appropriate for Collective Bargaining: modified: -employee excluded from unit where already represented ; status of another -employee clarified-Certification of Representatives: upon results of the election. SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES August 4,1939 On June 14, 1939, the National Labor Relations Board, herein ..called the Board, issued a Decision and Direction of Election in the above-entitled case.' The Direction of Election provided that an election by secret ballot be conducted among the employees of Port Orford Cedar Company, Marshfield, Oregon, herein called the Com- pany, as of the pay-roll period immediately preceding the Direction, employed in production work at the Company's plant at Millington, Oregon, including William Hudson, I. Mikkelson, Rowland James, Clifford Freeland, and C. R. Sprague, but excluding Glenn Parr, employees engaged in office work and employees occupying a super- visory capacity; and further, including employees within the above- described unit who did not work during such pay-roll period because they were ill or on vacation, and also including employees who were laid off only temporarily during such period because of any seasonal slackness in work, but excluding those who have since quit or been -discharged for cause, to determine whether they wish to be repre- sented by Lumber and Sawmill Workers, Local #116, International Woodworkers of America, Congress of Industrial Organizations, or by Lumber and Sawmill Workers Union, Local 2573, United Brother- hood of Carpenters and Joiners of America, American Federation of - Labor, for the purposes of collective bargaining, or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted on June 29, 1939, under the direction and supervision of the Acting Regional Director for the Nineteenth Region ( Seattle, 1 13 N. L. R. B. 262. 14 N. L. R. B., No. 12. 182 PORT ORFORD CEDAR COMPANY 183 Washington). Full opportunity was accorded all parties to this in- vestigation to participate in the conduct of the election by secret ballot and to make challenges. On July 5, 1939, the Regional Direc- tor, acting pursuant to Article III, Section 9, of National Labor Re- lations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties his Intermediate Report on the election. As to the balloting and its results, the Acting Regional Director reported as follows : Total number of eligible voters_____________________________ 141 Total number of ballots cast_______________________________ 129 Total number of votes in favor of Lumber and Sawmill Workers Union, Local No. 2573, A. F. of L_________________ 35 Total number of votes in favor of Lumber and Sawmill Workers Union, Local No. 116, International Woodworkers of America, C. I. 0--------------------------------------- 77 Total number, of votes in favor of neither___________________ 16 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged votes____________________________ 1 Total number of eligible voters not voting____________________ 12 Since it could have had no effect on the outcome of the election, no decision was made on the one challenged ballot and it was not counted. Thereafter the Company filed with the Regional Director its excep- tions to the Intermediate Report on the ballot. The exceptions alleged in substance that H. H. Smith,2 master, and Clifford Free- land, deck hand on the towboat operated by the Company, were improperly included in the list of eligible voters for the reason that their bargaining agency is already the National Organization Masters, Mates and Pilots of America, affiliated with the American Federation of Labor, pursuant to an agreement between the said union and the Company ; that if H. H. Smith and Clifford Freeland have as their bargaining agency the union designated in the elec- tion by secret ballot the Company will be unable to negotiate with National Organization Masters, Mates and Pilots of America which in turn may refuse to handle the Company's cargo. The Company specifically requests that, "this peculiar and exceptional question be given further consideration in order if possible to avoid the con- sequences above enumerated which might seriously interfere with the Company's business and its continued operation and that some special rule or finding be made which will adequately take care of this situation and protect the Company from any ill consequences thereof." We feel that the Company has stated valid grounds for a clarifica- tion of our Decision and Direction of Election in this case. In the 2 Referred to erroneously -in the exceptions as H. A. Smith. 190935-40-vol. 14-13 184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Decision we stated, "Clifford Freeland works part time as a deck hand on the Company's tugboat and part time as a boom man. While working on the tugboat Freeland is covered by an agreement the Company has with the National Organization Masters, Mates and Pilots of America. While employed as a boom man, however, his problems and interests are identical with those of other workers in the appropriate unit. He has joined Local 2573. We shall include him in the unit." SUPPLEMENTAL FINDINGS OF FACT It was not our intention to alter or modify in any way the agree- ment between the Company and the National Organization Masters, Mates and Pilots of America. It is apparent from the record, how- ever, that the above-mentioned agreement does not apply to Clifford Freeland except in so far as his work on the towboat is concerned. In order to remove all doubt upon this matter, we find that Clifford Freeland is within the appropriate unit set forth in the Certification of Representatives below only while and to the extent that he is employed as a boom man or in some other capacity within such appro- priate unit. While employed on the towboat Clifford Freeland is not within the appropriate unit. H. H. Smith does all his work on or in connection with the towboat. In addition, he is a supervisory employee. He should not, under the terms of the Direction of Election, have been. included on the list of employees eligible to vote in the election. We find that H. H. Smith is not in the unit appropriate for purposes of collective bargaining. Neither Local 2573 or the I. W. A. filed objections or exceptions to the Intermediate Report. Since the results of the election are not changed by the clarification of Clifford Freeland's status within the appropriate unit or by the exclusion of H. H. Smith from the list of eligible voters, we will certify the I. W. A. as exclusive bargaining agency for the Company's employees within the appropriate unit. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSION OF LAW The employees of the Company employed in production work at the Company's plant at Millington, including William Hudson, I. Mikkelson, Rowland James, and C. R. Sprague, and Clifford Free- land, except when he is employed as deck hand on the Company's towboat, but excluding Glenn Parr, H. H. Smith, employees engaged in office work, and employees occupying a supervisory capacity, con- PORT ORFORD CEDAR COMPANY 185 stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, IT IS HEREBY CERTIFIED that Lumber and Sawmill Workers, Local No. 116, chartered by the International Woodworkers of America, af- filiated with the Congress of Industrial Organizations, has been selected by a majority of the employees of Port Orford Cedar Com- pany, Marshfield, Oregon, employed in production work at the Company's plant at Millington, including William Hudson, I. Mik- kelson, Rowland and James, and C. R. Sprague, and Clifford Freeland except when he is employed as deck hand on the Company's towboat, but excluding Glenn Parr, H. H. Smith, employees engaged in office work and employees occupying a supervisory capacity, as their rep- resentative for the purposes of collective bargaining, and that pursu- ant to Section 9 (a) of the Act, Lumber and Sawmill Workers, Local No. 116, chartered by the International Woodworkers of America, affiliated with the Congress of Industrial Organizations, is the ex- clusive representative of all such employees for the purposes of col- lective bargaining in respect to rates of pay, wages, hours of employ- ment, and other conditions of employment.