Coos Bay Lumber Company

In the Matter of Coos BAY LUMBER COMPANY and LUMBER AND SAW- MILL WORKERS UNION, LOCAL No. 2573 Case No. R-13 . Decided August 30, 1939 Lumber Industry-Investigation of Representatives : controversy concerning representation of employees : employer's failure to enter into contract with either union; doubt as to majority status of either union ; doubt as to appropriate unitUnit Appropriate for Collective Bargaining : all employees within manu- facturing departments, exclusive of executives, supervisory foremen, and clerical force ; stipulation as to-Election Ordered Mr. Patrick H. Walker, for the Board. Mr. David J. Grant, Jr., of Marshfield, Oreg., for the Company. Mr. L. Presley Gill, of Seattle, Wash., for the United. Mr. Ben Anderson, of Portland, Oreg., for the I. W. A. Mr. Wallace Cooper, of counsel to the Board. DECISION AND DIRECTION OF ELECTION -STATEMENT OF THE CASE On August 30, 1938, Lumber and Sawmill Workers Union, Local No. 2573, affiliated with the United Brotherhood of Carpenters and Joiners of America, herein called the United, filed with the Regional Director for the Nineteenth Region (Seattle, Washington) a petition and on April 5, 1939, an amended petition, both petitions alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Coos Bay Lumber Company, Marshfield, Oregon, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 1, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and au- thorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 16, 1939, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, upon the 14 N. L. R. B., No. 100. 1206 COOS- BAY LUMBER COMPANY 1207 United, upon the Lumber and Sawmill Workers, Local No. 116, affi- liatedwith the International Woodworkers of America, herein called the I. W. A., and upon the Boommen and Rafters Union, Local No. 166, affiliated with the International Woodworkers of America. Pur- suant to the notice, a hearing was held on April 4 and 5, 1939, at Marshfield, Oregon, before Thomas S. Wilson, the Trial Examiner duly designated by the Board. The Board, the Company, the United, and the I. W. A. were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses;., and to introduce evidence bearing on the issues was af- forded all parties. During the course of the hearing, the Trial Ex- aminer made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Coos l3av Lumber Company, a corporation organized under the laws of the State of Delaware, is engaged at its plant situated at Marshfield, Oregon, in the manufacture, sale, and distribution of lumber and forest products. The raw materials used by the Company consist solely of logs cut from standing timber growing within the State of Oregon. During 1938 it produced at its Marshfield plant 79,573,149 board feet of lumber and forest products, in excess of 95 per cent of which were sold and shipped to States other than Oregon and to foreign countries. The Company admits that it is engaged in interstate commerce "within the meaning of the National Labor Relations Act and deci- sions of the United States Supreme 'Court thereunder." It. THE ORGANIZATIONS INVOLVED Lumber and Sawmill Workers Union, Local No. 2573, is a labor organization affiliated with the United Brotherhood of Carpenters and Joiners of America, which in turn is affiliated with the American Federation of Labor admitting to its membership all production and maintenance employees of the Company, excluding office workers,, clerical, and supervisory employees. Lumber and Sawmill Workers, Local No. 116, is a labor organiza- tion affiliated with the International Woodworkers of America, which in turn is affiliated with the Congress of Industrial Organiza- 190935-40-vol. 14--77 1208 DECISIONS OE NATIONAL LABOR RELATIONS BOARD tions, admitting to its membership all production and maintenance employees of the Company, excluding office workers, clerical, and supervisory employees. III. THE QUESTION CONCERNING REPRESENTATION On September 20, 1937, the Company and the United entered into a written agreement covering members of the United who were kqn= ployed in the Company's "sawmill and manufacturing departments." The agreement was for a term of one year and thereafter for an addi- tional year in the absence of notice given by either party sixty days prior to the expiration date of a desire for changes or termination. Although representatives of the Company conferred on several occa- sions during 1938 with representatives of the United and with repre- sentatives of I. W. A., no agreement was negotiated at such time. On August 30, 1938, the United filed its petition asking for an investiga- tion and, certification of bargaining representatives. At the hearing, H. J. Leaf, manager of the Company's manufacturing departments, testified that the Company was without knowledge as to the appro- priate bargaining unit or as to whether the United or the I. W. A. represented a majority of the employees within an appropriate unit. We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING RE:PIiFSEN'rA'FIO.N UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations,of the Company described in Section I above, has a close, intimate, and sulistaiitial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing, it was stipulated by all parties that "all the occu- pations that are listed on Board's exhibits 4 and 5 should be included within one unit for the purposes of collective bargaining ." DDavid E. Nelson, auditor of the Company, testified that the two exhibits contained a list of the employees in the Company's manufacturing departments as of March 15, 1939, exclusive of executives , supervisory foremen, and clerical force. We see no reason for departing from i Schedule A appended hereto contains alist of the occupations listed on Board 's Exhibits and 5. COOS BAY LUMBER COMPANY 1209 the unit agreed upon by the parties as set forth in the aforesaid stipulation. We find that all the employees of the Company engaged in occu- pations listed in Schedule A annexed hereto, exclusive of executives; supervisory foremen , and clerical force, constitute a unit appropriate for the, purposes- of collective bargaining and that said - unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise-effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The United contends that representatives should be determined on the basis of the employees in the appropriate unit as of August 30, 1938; the I. W. A. claims that such determination should be based on the employees in the appropriate unit as of March 15, 1939. On August 30, 1938, the Company was operating with a single shift of 360 employees within the appropriate unit. Subsequently, in October 1938, it effected a reorganization of its methods of operation which resulted in the immediate release of approximately 100 of the employees who were within ,the appropriate unit on, August 30, 1938. However, all but 38 of these employees were employed on March 15, 1939. On that date, the Company was ' operating two shifts with 430 employees within the appropriate unit, 108 of whom were not em- ployed therein on August 30, 1938. Although there is no evidence as to whether or not any of the 38 former employees were at the time of the hearing available for employment by the Company, Henry John.'Leaf,, manager of the Company's manufacturing departmentsi testified. that the names of sorne of the released, employees were being carried on a waiting list. However, he also testified that the Com- pany was operating at the time of the hearing with a full crew and that he did net know when the former employees carried on the Company's waiting list would be reemployed. We conclude that the determination of representatives should be based on employment within the appropriate unit as of March 15, 1939, including also any persons who have been employed by the Company between March 15, 1939, and the date of the Direction of Election herein. Of the 430 employees within the appropriate unit as of March 15, 1939, 296 at various times from about September 1937 until April 5, 1939, signed cards or petitions, or both, designating either the United or the International as their representatives for purposes of collec- tive bargaining. Thirty-one of these employees at various times designated both unions as their representatives. However, by their 1210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD last signed designation of a bargaining representative, 160 employees designated the United and 136. designated the International. It is clear from the foregoing that neither the United nor the I. W. A. has established that it represents a majority of the employees in the appropriate unit. We conclude, therefore, that the question which has arisen concerning representation can best be resolved by an election by secret ballot. We shall direct that all persons within the appropriate unit who were employed by the Company as of March 15, 1939;i ncluding em= ployees who did not work at such time because they were ill or on- vacation and also any who have been employed by the "company be- tween March 15, 1939, and the date of the Direction of Election herein, but excluding employees who have since quit or been dis- .charged for cause, shall be eligible to vote. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CoNCLusIONs OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Coos Bay Lumber Company, Marshfield, Oregon, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the employees of the Company engaged in occupations within the Company's manufacturing departments listed in Schedule A annexed hereto, exclusive of executives, supervisory foremen, and clerical force, constitute a unit appropriate for the purposes of col- lective bargaining, within the- meaning of Section 9 (b) of the National Labor Relations Act. 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 Rela- tions Act and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bar- gaining with Coos Bay Lumber Company, Marshfield, Oregon, an election by secret ballot shall be conducted within twenty (20) days from the date of this Direction of Election under the direction and supervision of the Regional Director for, the Nineteenth Region, act- ing in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among. all the employees of Coos Bay Lumber Company engaged in COOS BAY LUMBER COMPANY 1211 occupations within its manufacturing departments listed in Schedule A annexed hereto, exclusive of executives, supervisory foremen, and clerical force, who were employed by the Company as of March 15, 1939,-including employees who did not work at such'.time' because`they were ill or on vacation, and also any employees who have been em- ployed by the Company between March 15, 1939, and the date of this Direction of Election, but excluding employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Lumber'and Sawmill Workers Union, Local No. 2573, affiliated with the United Brotherhood of Carpenters and Joiners of America, which in turn is, affiliated with the-American Federation of Labor, or by Lumber and Sawmill Workers, Local No. 116, affiliated with the International Woodworkers of America, which in turn is affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. SCHEDULE A Divisions of the Company's Manufacturing Departments and Occupations Therein as of March 15, 1939 OCCUPATIONS Machine Shop : Machinists, Blacksmiths, Helpers, Tractor Repairmen. Main Mill: Mill Laborers, Re Sawyers, Sawyers, Mill Wrights, Edgermen, Setters, Doggers, Trimmermen, Beltmen, Filers. Filers : Filers. Sorting Sheds : Mill Laborers, Talleymen. Planing Mill : Planer Set Up Men, Tallymen, Mill Laborers, Feeders. Power : Engineers, Pipe Fitters, Brick Masons, Laborers, Electri- cians, Turbine Operators, Firemen. Yard, Dock & Hauling : Tractor Operators, Crane Drivers, Track Repairmen, Carpenters, Yard Laborers. Lath Mill & Wood : Mill Laborers, Lath !Sawyers, Belt Sawyers. Boom : Boommen, Launch Operators, Boom Laborers. Miscellaneous Employees : ` Warehouse Helpers, T'rack' 'Repair`men, Carpenters, Watchmen, Janitors, Painters, Mill Wrights, Yard Laborers, Sorting Laborers, Planing Mill Re Sawyers, Lath Mill Laborers, Mill Laborers.