Walton Lumber Co.

In the Matter Of WALTON LUMBER COMPANY, A CORPORATION and EVERETT DISTRICT COUNCIL, LIIMBER AND SAWMILL WORKERS, ON BEHALF OF LOCAL No. 2648, CHARTERED BY THE UNITED BROTHERHOOD OF CARPENTERS 'AND ' JOINERS" OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1693.-Decided February 19, 1940 Litniber Rdustry-Investigation of Represenntatives: controversy concerning representation of employees : refusal of employer to recognize petitioning union as the representative of its employees-Uni,t Appropriate for Collective Bargain- ing: production and maintenance employees , including boommen and slipmen, excluding supervisory and clerical employees ; agreement as to-Representative: eligibility to participate in choice : permanent employees currently on pay roll ; employees temporarily on pay roll of another company, subject to supervision and discharge by company involved in pre.qent proceeding-Election Ordered Mr. P. H. Walker, for the Board. Mr. R. W. Maxwell, of Seattle, Wash., for the Company. Mr. D. F. Pearson, of Everett, Wash., for Local No. 2648. Mr. P. R. Gershon, of Seattle, Wash., for Local 2-101. Mr. John K. Odisho, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 28, 1939, Everett District Council, Lumber and Saw- mill Workers, herein called the Council, filed with the Regional Direc- tor for the Nineteenth Region (Seattle, Washington) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Walton Lumber Company, Everett, 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 29, 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 2, ordered an investigation and authorized the 20 N. L. R. B., No. 58. 573 574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On January 3, 1940, the Council, on behalf. of Local 2648, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, herein called Local No. 2648, filed an amended petition. - - . On January 4,1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the Council, and upon International Woodworkers of America, Local 2-101, herein called Local 2-101, a labor organization affiliated with the Congress of Industrial Organizations claiming to represent employees directly affected by the investigation. Pursuant to the notice, a hearing was held on January 22, 1940, at Everett, Washington, before Patrick H. McNally, the Trial Examiner duly designated by the Board. The Board, the Company, the Council, Local No. 2648,1 and Local 2-101; 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 afforded all parties. During the course of the hearing the Trial Examiner 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 Walton Lumber Company, a Washington corporation, with its principal office and place of business in Everett, Washington, is en- gaged in the manufacture, sale, and distribution of lumber and wood products. The Company obtains its raw materials within the State of Washington, but ships approximately 71 per cent of its finished products outside the State of Washington. Its sales for the year 1939 amounted approximately to $1,400,000. The Company employs approximately 350 production and maintenance employees. II. THE LABOR ORGANIZATIONS INVOLVED Local No. 2648, chartered by the United Brotherhood of Carpenters and Joiners of America, is a labor organization affiliated with Everett District Council, Lumber and Sawmill Workers, and with the Ameri- can Federation of Labor. It admits to its membership production and maintenance employees of the Company, excluding supervisory and clerical employees. 1 The Council and Local No. 2648 were represented by the same attorney. WALT01N LUMBER _-COMPANY., 575 International Woodworkers of America, Local 2-101, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to its membership production and maintenance employees of the Company, excluding supervisory and clerical employees. III. THE QUESTION CONCERNING REPRESENTATION In November 1939 the Council, on behalf of Local No. 2648, re- quested the Company to bargain with it as the representative of the Company's production and maintenance employees. The Company re- quested proof that Local No. 2648 had been designated by a majority of such employees. The Council refused to submit such proof and filed its petition herein. We find that a question has arisen concerning representation of 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. V. THE APPROPRIATE UNIT At the hearing the parties stipulated that all the Company's pro- duction and maintenance employees, including boommen and slipmen, but excluding. supervisory and clerical employees, constitute an appro- priate bargaining unit. No reason appears for departing from the unit agreed upon. The Company classified 17 of its employees as supervisors.2 These 17 employees have authority to hire and discharge persons under their direction. We find that they are properly classified as supervisors. We find that all the Company's production and maintenance em- ployees, including boommen and slipmen but excluding supervisory and clerical employees, constitute an appropriate unit 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 will otherwise effectuate the policies of the Act. 2 John Seymour , R. C. Warrick, William Call , Jess Kester, J. M. Myers, Paul Johnson, Harry Morseth , Pete Furan, M. Kirkland , Axel Nordgren , Sam Forslund , E. C. East, W. L. Chambers, W. M. Warrick, George W. Gave, Z. M. Waley, and Clarence Hein. 576 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD VI. THE DETERMINATION OF REPRESENTATIVES At the hearing Local No. 2648 and Local 2-101 claimed substantial membership among the employees in the appropriate unit. We shall order an election by secret ballot to resolve the question concerning representation which has arisen. There was a dispute- at the hearing concerning the eligibility to vote of seven men 3 employed on the premises of the Company: as- bonded watchmen by the Lawrence Warehouse Company. At the time of the hearing the Lawrence Warehouse Company was in temporary posses- sion of a portion of the Company's product for the purposes of securing a loan. The Company contended that these seven men should not be permitted to participate in an election conducted among its employees. Local 2-101 agreed with this contention. Local No. 2648, however, insisted that they be allowed to vote. These seven men were formerly employed by the Company and will return to its service upon termina- tion of the warehouse security arrangement. They work°under the direction. of the Company's supervisory employees... Accordingojo the testimony of the Company's operating manager, they are subject to discharge at the Company's will. Under these circumstances, their status is closely analogous to that of employees who have been tempo- rarily laid off. We shall direct that they be permitted to vote in the election. We shall further direct that all employees in the appropriate unit who were on the Company's pay roll for the period immediately pre- ceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off but excluding those who have since quit or been discharged 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 Walton Lumber Company, Everett, Wash- ington, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the production and maintenance employees of the Company, including boommen and slipmen but excluding supervisory and clerical 8 Louis Trapp, William Mullner, Lloyd Warrick, Howard Hedlund, Elmer Ecklund;'Mike Oakland, and Herman Grandstrom. 3 WALTON LUMBER COMPANY 577 employees, constitute an appropriate unit for the purposes of collective 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, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Walton Lumber Company, Everett, Washington, 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 direction and supervision of the Regional Director for the Nine- teenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the production and maintenance employees who were on the Company's pay roll for the period next preceding the date of this Direction, including Louis Trapp, William Mullner, Lloyd Warrick, Howard IIecllund, Elmer Ecklund, Mike Oakland, and Herman Grandstroin, all boommen and slipmen, and all employees who did not work during such pay-roll period because- they were ill or on vacation, or who were then or have since been temporarily laid off, but excluding supervisory and clerical employees and employees who have since quit or been discharged for cause to determine whether they desire to be represented by Local No. 2648, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, or by International Wood- workers of America, Local 2-101, affiliated with the Congress of Indus- trialOrganizations, for the purposes of collective bargaining, or by neither.