Long-Bell Lumber Co.

'In the Matter of LONG-BELL LUMBER COMPANY and , INTERNATIONAL ASSOCIATION OF MACHINISTS LOCAL No. 1350, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR 1 In the Matter of LONG-BELL LUMBER COMPANY and LUMBER & SAW- MILL WORKERS LOCAL 3-34, CHARTERED BY THE I. W. A., AFFILIATED WITH T$E CONGRESS OF INDUSTRIAL ORGANIZATIONS 2 Cases Nos. R-1320 and Ii-1311, respectively. Decided October 30, 1939 Lumber Industry-Investigation of Representatives: controversy concerning representation of employees : rival organizations ; employer refuses to negotiate a contract with any labor organization which has not been certified by the Board-Unit Appropriate for Collective Bargaining: plant or craft unit; history of collective bargaining by unions, inconclusive ; determination of held dependent upon results of elections-Elections Ordered: although two affiliates of the American Federation of Labor both are seeking to represent employees in craft group, Board permits both to appear on ballot therein, despite policy against entertaining jurisdictional disputes, inasmuch as third union, unaffected by the dispute, is seeking a determination of representatives ; if affiliates of the Amer- ican Federation of Labor were kept off the ballot, adherents would be obliged to vote against representation. Mr. Patrick H. Walker, for the Board. Mr. C. E. Lobardi, of Kansas City, Mo., and Mr. Joseph T. Woods, of Longview, Wash., for the Company. Mr. James A. Duncan, of Seattle, Wash., for the I. A. M. Mr. John C. Stevenson, of Seattle, Wash., for the I. W. A. Mr. L. Presley Gill, of Seattle, Wash., for the Sawmill Union. Mr. Theodore W. Kheel, of counsel to the Board. 1 The formal pleadings and papers were amended during the hearing to include, "Affil- iated with the American Federation of Labor." 2 The formal pleadings and papers were amended during the hearing to read, "Lumber & Sawmill Workers , Local 3-34 , Chartered by the I. W. A., Affiliated with the Congress of Industrial Organizations " in place of Local Union No. 3-34, International Woodworkers of America, C. I. O. 16 N. L. R. B., No. 74. 892 LONG-BELL LUMBER, COMPANY DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE 893 On November 19, 1938, International Association of Machinists, affiliated with the American Federation of Labor, filed on behalf of Local No. 1350, herein called the I. A. M., with the Regional Director for the Nineteenth Region (Seattle, Washington), a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Long-Bell Lumber Company, Ryderwood, Washington, herein called the Company, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 30, 1938, a similar petition was filed by Lumber & Sawmill Workers, Local 3-34, chartered by the International Woodworkers of America,. affiliated with the Congress of Industrial Organizations, herein called the I. W. A. 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 authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, further ordered that the aforesaid two cases be consolidated for the purpose of hearing. On February 23, 1939, the Regional Director issued notices of hearing which were duly served upon the, Company, the I. A. M., and the I. W. A. Thereafter notices of a hearing to be held at a later date were served upon said parties and Lumber and Sawmill Workers Local Union No. 2512, affiliated with United Brotherhood of Carpenters and Joiners of America which, in turn, is affiliated with the American Federation of'Labor, herein called the Sawmill Union, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the aforesaid notices, a hearing was held on March 20, 21, and 22, 1939, at Ryderwood, Washington, before Thomas H. Wilson, the Trial Examiner duly designated by the Board. The Board, the I. A. M., the I. W. A., and the Sawmill Union were. represented by counsel and participated in the hearing. Full opportunity to be heard, to ' examine and cross-examine wit- nesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner 894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Exam- iner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Although the I. A. M. requested, oral. argument before the Board in Washington, D. C., the I. A. M., the I. W. A., and the Sawmill Union thereafter agreed to waive oral argument. In lieu thereof, they were granted the privilege of filing memoranda in support of their claims. The I. A. M. availed itself of this opportunity. The Company. and the Sawmill Union had filed briefs in behalf of their contentions On April 29 and May 4, 1939, respectively. The Board has considered the memorandum.and the. briefs. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Long-Bell Lumber Company, a Missouri corporation with prin- cipal offices in Kansas City, Missouri, manufactures lumber, lumber products, and other commodities.3 It owns and operates properties in Washington, California, Oregon, Texas, Arkansas, Mississippi, Louisiana, Missouri, and Oklahoma. At Ryderwood and Longview, Washington, it has, respectively, a logging and a sawmill division. This proceeding is restricted to the employees in the Ryderwood division. In general, trees or logs felled by the logging employees at Ryderwood are transported to Longview by rail where they are manufactured into lumber at the sawmill. For the year 1938, the Longview sawmill turned out 206,926,613 feet of lumber, commercial log scale.4 Fifty-six per cent of the logs used in manufacture came from the Company's holdings at Ryderwood ; the remainder were purchased in the open market. The finished lumber manufactured at Longview in 1938 and sold on the market, amounted in value to $5,267,242.22. The Company also.. sold logs valued- at $438,343.18, some of which were obtained from Ryderwood and others in the open market. Of the lumber sold from Longview, 93.5 per cent was shipped to places outside the State of Washington; of the logs, 41.1 per cent were shipped to places outside the State of Washington. Together, the Ryderwood and Longview divisions purchased during 1938 the following raw materials, obtained from the States indicated : Logging machinery valued at $200,000.00, from Washington and 8 Cf. Matter of The Long-Bell Lumber Company and International Wood corkers of America, Local 5-188, 11 N. L. R. B. 1162. 4 Commercial log scale is used to measure the number of feet of lumber that can be pro- duced from a given log. LONG-BELL LUMBER COMPANY 895 Oregon; 25,000 gallons of gasoline, from California; 50,000 barrels of fuel oil, from California ; and miscellaneous items valued at $50,000.00, from various States thoughout the country. H. THE ORGANIZATIONS INVOLVED International Association of Machinists Local No. 1350 is a labor organization chartered by the International Association of Machinists, which, in turn, is affiliated with the American Federation of Labor. The I. A. M. admits to membership machinists, machinists' helpers and apprentices, master mechanic, gas mechanic, woods mechanics, welders, head splicer and splicer helpers, block man, and shop fore- man in the machine shop of the Ryderwood division of the Company. Lumber & Sawmill Workers, Local 3-34, is a labor organization chartered by International Woodworkers of America, which, in turn, is affiliated with the Congress of Industrial Organizations. It admits to membership all employees of the Ryderwood division of the Company. Lumber and Sawmill Workers Local Union No. 2512 is a labor organization chartered by United Brotherhood of Carpenters and Joiners of America which, in turn, is affiliated with the American Federation of Labor. It admits to membership all employees of the Ryderwood division of the Company excluding office and supervisory employees. III. THE QUESTION CONCERNING REPRESENTATION In its negotiations with both the I. W. A. and the I. A. M., the Company stated that it would not enter into a contract with any labor organization unless it had been certified by the Board. This policy was expressed in a statement of the Company's position read into the record at the commencement of the hearing. In conclusion, it asserted that "the Company will await the Board's certificate before concluding a collective agreement with anyone claiming to represent these employees." We find that a question has arisen concerning representation of the employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION 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 substantial 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. 896 DECISIONS' OF NATIONAL LABOR RELATIONS BOARII V. THE APPROPRIATE UNIT Except for certain supervisory employees, discussed more fully hereinafter, the Company, the I. W. A., and.the Sawmill Union agree upon the appropriate unit. They would include all the em- ployees at the Ryderwood division of the Company with certain stipulated exceptions. This industrial unit is opposed by the I. A. M. It would separate therefrom a unit of employees in the machine-shop department of the Company. It would also include in this unit of machine-shop employees, one woods mechanic.-5 . If the I. W. A. or the Sawmill Union were the only union involved in this proceeding, there would be no reason for not finding that the employees at the Ryderwood division of the Company constitute an appropriate unit. The Ryderwood division is a logging or woods division of the' Company. It fells and bucks logs and prepares them' for transportation to the sawmill of the Company at Longview. This division is composed of approximately 580 employees who are divided into various departments. These departments are all closely allied in function. However, the I. A. M.'s petition for a separate unit composed of the employees in the machine shop and one woods mechanic is not unfounded. The machine shop consists of approximately 40 main- tenance employees including machinists, welders, splicers, boiler- makers, car whackers, etc. They maintain and repair the machinery' used by the other departments of the Company. These men all work in the same shop, under the same foremen, and during the same hours. The woods mechanic performs similar functions in the woods. The past bargaining practices of the employees would prove no bar to a separate unit for the machine shop e The employees in the machine shop can constitute an appropriate unit and we shall permit them to indicate by vote whether they wish to be, represented in a separate unit or as part of the industrial unit.7 5 The I. A. M. claimed two woods mechanics for the appropriate unit. However, as we find below, one of these mechanics Is a supervisory employee who cannot be included in the unit. For convenience we will refer to the machine shop as including the woods mechanic. 6 None of the unions involved has a contract with the Company at the present time. The Sawmill Union did obtain a contract in November 1935 . This contract remained In force until May 1937 when it was terminated by the Sawmill Union . In this contract, the Sawmill Union was recognized as the "collective bargaining agency for all its member employees." Several months after the contract had been terminated , the Sawmill Union notified the Company that .it bad switched its affiliation to the I. W. A. Not all the mem- bers of the Sawmill Union made the change . Approximately 100 signed a petition request. ing the United Brotherhood of Carpenters and Joiners of America to continue the charter of the Sawmill Union. As a result of this action , the Sawmill Union was kept alive. But it has not had any relations with the Company since that time. While the I. W. A. has met with the Company on frequent occasions, it has not succeeded in concluding a contract with the Company . The I . A. M.'s relations with the Company have been insubstantial. 7 Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local No. 3, et al., 3 N. L. R. B. 294. LONG-BELL LUMBER. COMPANY 897 It is to be noted that the I. A. M. and the Sawmill Union, both. of which are chartered by international unions affiliated with and subject to discipline by the same parent body, are both herein seeking to represent the employees in the machine shop. We have consistently dismissed proceedings wherein two unions subject to discipline by the same parent body have disagreed over the extent of their jurisdiction s However, since the I. W. A., which is not a party to the jurisdictional dispute, is seeking to represent employees of the Company in a unit which includes the machine shop, we must determine the question con- cerning representation raised in this proceeding, irrespective of the incidental or collateral dispute over jurisdiction between the I. A. M. and the Sawmill Union. To make this determination, one election among the machine-shop employees and another election among the remaining employees is necessary. The question then arises whether in such election we should place the affiliates of the American Federation of Labor on the ballot. If only the I. W. A. appears on the ballot, it would place the adherents of the American Federation of Labor affiliates in the position of apparently voting against any collective bargaining. Rather than do this, we shall place both the I. A. M. and the Sawmill Union on the ballot.9 We shall -therefore direct one election among the employees in the machine shop to determine whether they desire to be represented for the purposes of collective bargaining by the I. A. M., the I. W. A., the Sawmill Union, or none of them, and another election among the remaining employees of the Company to determine whether they desire to be represented for'the purposes of collective bargaining by the I. W. A., the Sawmill Union, or neither of them. Depending upon the 'outcome of these elections, the appropriate unit or units herein shall be determined in the following manner: If the Sawmill Union or the I. W. A. receives a majority of the votes cast in each election, the employees in the machine shop and the remaining em- ployees will together constitute a single appropriate unit and we will 8 Cf. Matter of Aluminum Company of America and Aluminum Workers Union No. 19104, 1 N. L. R. B. 530; Matter of Axton-Fisher Tobacco Company and International Association of Machinists, Local No. 681 and Tobacco Workers International Union, Local No. 16, 1 N. L. R. B. 604; Matter of Showers Brothers Furniture Company and The Upholsterers, Furniture, Carpet and Atoning Workers, Linoleum Workers Union, Local No. 184, 4 N. L. R. B. 585; Matter of Curtis Bay Towing Company and Marine Engineers Beneficial Asso- ciation No . 5, 4 N. L. R. B. 360 , and cases cited therein. It should be noted, however, that if, as a result of the elections we are directing, the I. A. M. is certified as the representative of the machine shop or if the Sawmill Union is certified as the representative of a unit including the machine shop, our certification would not be a holding that the I. A. M. or the Sawmill Union, accordingly, is the union author- ized by the American Federation of Labor to assert jurisdiction over the machine shop. As in other cases it will mean that the A. F. of L. affiliate certified is the exclusive repre- sentative of employees of the Company in an appropriate unit for the purposes of collective bargaining. 898 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD certify such union as the exclusive representative thereof. If the I. A. M. receives a majority of the votes cast by employees in the machine shop they will constitute a separate appropriate unit and we will certify the I. A. M. as the representative thereof. In such event, if the Sawmill Union or the I. W. A. receives a majority of the votes cast by the remaining employees, we will certify the winning union as the exclusive representative of an appropriate unit composed of such employees. If the I. W. A. or the Sawmill Union receives a majority of the votes cast by the employees in the machine shop or if the votes for these two unions together constitute a majority, the employees in the machine shop will be treated as part of a single unit with the remaining employees, such choice by the employees. in the machine shop indicating their desire to be part of the larger unit. In such event, if either the Sawmill Union or the I. W. A. receives a majority of the votes cast by the employees in the machine shop and the remain- ing employees, we will certify such union as the exclusive representa- tive of the employees in the machine shop and the remaining. employees, both groups together constituting a single appropriate unit. During the hearing, counsel for the Board introduced in evidence a list containing the names of all the employees at the Ryderwood division of the Company on March 2, 1939. By stipulation between all the parties, 54 names were excluded from this list 10 We see no reason to depart from this stipulation. The Company argued that the following employees should also be excluded as supervisors : A. Ten scalers in the felling and bucking department of the Com- pany.' Each of these men supervises 16 to 22 men in the tasks of felling and bucking trees. They have the power to recommend who should be hired or fired and they report on the work of the men under them. B. Ten foremen in the skidding and loading department. They perform functions in this department similar to functions performed by the scalers in the felling and bucking department. C. One foreman, and four section foremen in the steel gang. The foreman is the' head of the steel gang, which lays the track in the woods to be cleared. The section foremen are under him, in charge of sections of 12 to 20 men. They recommend to the foreman who should be hired or fired. 10 The following are the employees who were excluded : 19 in the mercantile department consisting of butchers, grocery clerks, deliverymen , etc. ; 1 trainmaster ; 1 engineer who had died ; 1 gas-car operator ; 2 warehousemen ; 1 master mechanic ; 3 foremen in the skid- ding and loading department ; 1 foreman In the felling and bucking department ; 5 fore- men in the construction department ; 1 foreman of the pile drivers ; 1 foreman In the electric department ; and 18 miscellaneous employees such as watchmen , timekeepers, garbagemen, etc. LONG-BELL LUMBER COMPANY 899 D. One supervisor in the skidding and loading department. He is a woods mechanic. When machinery breaks down in the woods, he selects any man throughout the plant whom he wants to work with him. He has the power to hire and fire. E. Two foremen in the machine shop. These men are under the master mechanic and in charge of the machine shop and car-shop divisions of the machine shop. All the other employees in the ma- chine shop work under them. They supervise their work and have the power to hire and fire. The record does not set forth clearly the position of the unions with respect to all these men. But we believe that the nature of their work separates them from the remaining employees and that they should be excluded as supervisors. VI. THE DETERMINATION OF REPRESENTATIVES We cannot determine from the record which union is preferred by a majority of the employees either within the machine shop or among the remaining employees of the Company. In accordance with our policy announced in Matter of Cudahy," we shall direct elections in order to determine the proper representatives of the employees. While the parties used the pay roll for the period ending March 2, 1939, to determine who should be included or excluded from the claimed appropriate -unit or units, they did not agree that it should be used as a basis for determining eligibility to vote. According to the records introduced into evidence, during 1938 there was a labor turnover of approximately 17 to 23 per cent. In view of this .fact,. we believe that a more current eligibility date will best effectuate, the policies of the Act. We will accordingly direct that all employees; of the Company within the election unit who were on the Company's: pay roll immediately preceding the date of our Direction of Elections herein, excluding those who have since quit or been discharged for cause, but including those who are sick, on vacation, or temporarily laid off, 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 : CONCLUSION OF LAW A question affecting commerce has arisen concerning representation of employees of Long-Bell Lumber Company, Longview, Washington, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. "Matter of The Cudahy Packing Company and United Packinghouse Workers of Amer- ica, Local No. 21, of the Packinghouse Workers Organising'. Committee, etc, 13 N. L. R. B. 626. 1900 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Re- lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, 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 purpose of collective bargaining with Long-Bell Lumber Company, Longview, Washington, at its Ryderwood division, elections by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Nineteenth Region, acting in this matter as the agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, (1) among all the employees in the machine shop of the Company at its Ryderwood division, in- ,eluding one woods mechanic, whose names appear on the Company's' -pay roll immediately preceding this Direction of Elections, excluding supervisory employees, and those employees excluded by stipula- tions, and employees who have since quit or been discharged for cause, but including those who are sick, on vacation, or temporarily laid off, to determine whether they desire to be represented for the purposes of collective bargaining, by Lumber & Sawmill Workers, Local 3-34, chartered by the International Woodworkers of America, by Interna- tional Association of Machinists, Local No. 1350, by Lumber and Saw- mill Workers Local Union No. 2512, chartered by United Brotherhood of Carpenters and Joiners of America, or by none of them, and (2) among all the remaining employees of the Company at its Ryderwood division, whose names appear on the Company's pay roll immediately preceding this Direction of Elections, excluding supervisory em-, ployees, and those employees excluded by stipulations, and employees who have since quit or been discharged for cause, but including those who are sick, on vacation, or temporarily laid off, to determine whether they desire to be represented for the purposes of collective bargaining, by Lumber & Sawmill Workers, Local 3-34, chartered by the International Woodworkers of America, by Lumber and Sawmill Workers Local Union No. 2512, or by neither. MR. WDI. M. LEISERSON, concurring : I agree that two separate ballots should be spread, (1) among, the -employees in the machine shop, and (2) among the remaining em- ployees of the Company; but I am of the opinion that a determination .of the bargaining units should be made before the elections are held. LONG-BELL LUMBER COMPANY 901 MR. EDWIN S. SMITH, dissenting in part and concurring in part : For reasons set forth in other dissenting statements," I would find appropriate the larger industrial unit of employees including the machine shop, on the basis of which the employees have bargained more or less continuously since 1935. If, however, a single bargaining unit including the machine shop is not found appropriate, as the majority holds, I agree with Chairman Madden's opinion that final determination of the bargaining unit should await the outcome of the separate elections.'3 12 See Matter of Allis-Chalmers Manufacturing Company and International Union, United Automobile Workers of America, Local 248, 4 N. L. R. B. 159, 175. is Cf. Matter of The Toledo Steel Tube Company and International Union, United Auto- mobile Workers of America, #12, 15 N. L. R. B. 837.