Schafer Brothers Logging Co.

In the Matter Of SCHAFER BROTHERS LUMBER & SHINGLE COMPANY DIVISION OF SCHAFER BROTHERS LOGGING COMPANY and LUMBER AND SAWMILL WORKERS UNION, LOCAL No. 2782, CHARTERED BY UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, A. F. OF L. Case No. R-1789.-Decided May 23, 1940 Lumber Industry-Investtgatton of Representatwes : controversy concerning representation of employees : controversy concerning appropriate unit; rival organizations-Unit Appropriate for Collective Bargaining : sawmill workers of the Company, excluding office employees , superintendents , foremen, and super- visory employees of higher rank-Rppresentatwes : eligibility to participate in choice : persons not working for the Company at the time of the hearing but who were on its seniority list and who had not received and refused offers of reemployment with the Company held eligible to vote as temporarily laid-off employees-Election Ordered : eligibility to vote determined as of pay roll last preceding date of Direction of Election. Mr. Thomas P. Graham and Mr. Robert L. Condon, for the Board. Lenihan crc Ivers, by Mr. Emmett G. Lenihan, of Seattle, Wash., for the Company. Mr. Howard W. Hedgeock, of Seattle , Wash., for Local No. 2782. 111r. James L. Molthan, of Seattle, Wash., for Local No. 2. Mr. John K. Odisho, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 29, 1939, Lumber and Sawmill Workers Union, Local No. 2782, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, herein called Local No. 2782, filed 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 Schafer Brothers Lumber & Shingle Com- pany Division of Schafer Brothers Logging Company, Montesano, Washington, herein called the Company, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) 23 N. L. R. B., No. 117. 1104 SCHAFER BROTHERS LOGGING COMPANY 11(:5 of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 13, 1940, 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, as amended, ordered an investigation and authorized the Regional Director to conduct it and toy provide for an appropriate hearing upon due notice. On March 18, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, upon Local No. 2782, and upon Sawmill and Timber Workers Union, Local No. 2, affiliated with International Woodworkers of America, which in turn is affiliated with the Congress of Industrial Organizations, a labor organization claiming to represent employees directly affected by the investigation. The latter is herein called Local No. 2. Pur- suant to the notice, a hearing was held on April 4, 1940, at Aberdeen, Washington, before Albert L. Lohm, the Trial Examiner duly desig- nated by the Board. The Board, the Company, Local No. 2782, and Local No. 2 were represented by counsel and participated in the hear- ing. 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 Exam- iner made several rulings on motions and 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 rul- ings are hereby affirmed. After the close of the hearing Local No. 2 and Local No. 2782 rfiled briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Schafer Brothers Logging Company is a Washington corporation engaged in the operation of a sawmill at Aberdeen, Washington. It also operates a shingle mill, logging camps, a railroad, tugboats, and, through a corporate subsidiary, a fleet of steam lumber schooners. During 1939 the Company produced and sold 33,325,545 board feet of lumber, of which 93 per cent were shipped outside the State of Wash- ington. At the time of the hearing the Company employed 89 per- sons at its sawmill and 263 at its logging camps. There were originally two corporations : Schafer Brothers Logging Company, parent, and Schafer Brothers Lumber & Shingle Company, subsidiary. The subsidiary was dissolved in 1934 and all its assets were taken over by the parent company. At present Schafer Broth- ers Lumber & Shingle Company is the name of the division of the 1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Schafer Brothers Logging Company engaged in the operation of the sawmill. The Company admits that it is engaged in interstate commerce within the meaning of the Act. II. THE LABOR ORGANIZATIONS INVOLVED Lumber and Sawmill Workers Union, Local No. 2782, is a labor organization chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor. It admits to membership sawmill employees of the Company. Sawmill and Timber Workers Union,.Local No. 2, is a labor organ- ization affiliated with the International Woodworkers of America, which in turn is affiliated with the Congress of Industrial Organiza- tions. It admits to membership all production and maintenance em- ployees in the logging camps and lumber mills throughout the Grays Harbor District, a lumber district embracing Grays Harbor County, Washington, in which the Company's sawmill is located. III. THE QUESTION CONCERNING REPRESENTATION From sometime in 1935 until August 1937 the sawmill workers and logging employees of the Company were organized successively into Local No. 2507 and Local No. 2639, both chartered by United Broth- erhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor. In the latter month the member- ship of Local No. 2639 voted to affiliate with th& Congress of Indus- trial Organizations 1 and formed Local No. 2. Thereafter, in March 1938, Local No. 2782, the petitioner herein, was formed among the sawmill workers. On December 14, 1938, after hearing upon a petition filed by Local No. 2, the -Board issued a Decision and Direction of Election 2 in which it found, in accord with the request of Local N6."2, but over the objection of Local No. 2782 which intervened in the proceeding requesting a separate unit of the sawmill workers, that the sawmill workers and logging employees of the Company together constituted an appropriate unit. The election held pursuant to the direction was won by Local No. 2 and, on February 24, 1939, the Board certi- fied 3 that organization as the exclusive bargaining representative with- in the unit found to be appropriate. Neither Local No. 2782 nor Local No. 2 has entered into, contrac- tual •• relationk'-'mith the Company. Local No. 2782, however, con- 1 Then the Committee for Industrial Organization. 2 Matter of Donovan Lumber Company and International Woodevorleis of A,ner,ca, Local No I, at al, 10 N L R B 634 311 N L R B. 725 SCHAFER BROTHERS LOGGING COMPANY 1107 tinned its efforts to bargain with the Company on behalf of the sawmill workers, and on February 8, 1940, sent a letter to the Com- pany purporting to "reserve" its right to bargain with the Company. The Company did not reply to this letter. Thereafter, Local No. 2782 filed the petition in this proceeding, renewing its contention made at the former hearing that the sawmill workers constitute an appropriate unit. At the bearing Local No. 2 urged that the peti- tion be dismissed on the ground that the issues presented thereby were determined by the Board and its Decision of December 14, 1938,4 and that, accordingly, no question concerning representation existed. This contention is found to be without merit." More than a year has elapsed since our Decision and Certification in the former case. We find that a question has arisen concerning representation of the em- ployees 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. TILE APPROPRIATE UNIT As has been stated Local No. 2782 alleges that the appropriate unit consists of the sawmill workers of the Company alone. It seeks the exclusion, further, of office employees, superintendents, foremen, and supervisory employees of higher rank. Local No. 2 contends that ,taw pill workers and logging. employees together constitute an appro priate unit. The Company makes no contentions as to the appropri- ate unit. Local No. 2782 admits to membership sawmill workers only while Local No. 2 admits to membership both sawmill workers and logging employees. Employees in the mill and logging camps are engaged in different types of work. There is no interchange of employees between the mill and the logging camps. The mill is geographically miles away from the camps and is under separate supervision. In our Decision of December 14, 1938,6 as well as in two earlier & See footnote 2, supra. 5 See Matter of Pacific Greyhound Lines and Amalgamated Association of Street , ElccOao Railway and Motor Coach Employees of America , 9 N L R B 557, 573 6 See footnote 2, supra. 1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Decisions involving employees of other employers,' we found that sawmill workers and logging employees of a single employer together constituted an appropriate bargaining unit. But subsequently, in Matter of Buckley Hemlock Mills, Inc., Buckley Logging Company and International Woodworkers of America, Local No. 52,8 we de- parted from our former policy and found, under circumstances analo- gous to those here present, that the sawmill workers and logging employees 'constituted separate appropriate bargaining units. We adhere to our ruling in the Buckley Hemlock case. We accordingly find that the sawmill workers of the Company, excluding office employees, superintendents, foremen, and supervisory employees of higher rank, constitute a unit appropriate for the pur- poses of collective bargaining and that said unit will insure to said 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 Local No. 2 claims to represent a majority of the sawmill workers and logging employees taken together, while Local No. 2782 claims to represent a majority of the sawmill workers. We find that the question concerning representation can best be resolved by holding an election by secret ballot. Local No. '2782 contends that only those employees appearing on the Company's pay roll of February 1940 should be eligible to vote in an election, whereas Local No. 2 contends that employees on the Company's seniority list, not presently employed by the Company, should also be permitted to participate in the choice of a bargaining representative. It appears that the Company ceased operations in October 1937. Theretofore it had operated 3 shifts of employees, totaling approximately 250 persons, at its sawmill. The Company had not resumed operations in July 1938 at the time of the hearing in the former case. In our Decision of December 14, 1938, we di- rected that the employees who were on the Company's October 1937 pay roll be eligible to vote in the election. The Company resumed operation of its sawmill with one shift of employees in March 1939. At the time of the hearing in the present case, the Company was still operating one shift of sawmill workers, numbering approximately 90 persons. Emmett H. Lenihan, counsel for the Company and a member' of its board of directors, testified that the Company would put on a second and third shift as soon as business conditions war- 7 Matter of Bloedel-Donovan Lumber Mills and Columbia Valley Lumber Company and lnteinational Woodworkers of America, Local No. 48, 8 N L. R B 230, and Matter of Snoqualmie Falls Lumber Company and International Woodworkers of America, Local No 106, 10 N. L. R B. 398. 8 15 N L. R. B 498. SCHAFER BROTHERS LOGGING COMPANY 1109 ranted it, but was unable to forecast definitely when that would occur. He stated that the Company maintains a seniority list of the former employees on the second and third shifts and that said employees would be given preference in rehiring. He stated further that a number of those on the seniority list have been recalled to fill vacancies in the first shift. It thus appears that the Company's former employees appearing on its seniority list have a reason to anticipate returning to their work at the Company's sawmill. They have, therefore, an interest in any negotiations toward fixing the terms of employment of the Company's sawmill workers and hence an interest in -determining the representatives who are to conduct these negotiations. Under the circumstances we consider that all persons whose names appear on the Company's seniority list for its sawmill and who have not received and refused offers of reemploy- ment with the Company 9 are in the category of employees who have been temporarily laid off and should be eligible to vote in the election to determine the representatives of the sawmill workers for the pur- poses of collective bargaining.10 We shall direct that all employees in the appropriate unit who were on the Company's pay roll for the period last preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation, and em- ployees 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 Schafer Brothers Lumber cos Shingle Com- pany Division of Schafer Brothers Logging Company, Montesano, Washington, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The sawmill workers of the Company, excluding office employ- ees, superintendents, foremen, and supervisory employees of higher rank, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the National Labor Relations Act. 0 In our view any persons on the seniority list who have refused offers of reemployment have thereby voluntarily terminated their employee status Such persons shall not be eligible to vote 10 See Matter of City Auto Stamping Company and International Union, United Automo. bile Workers of America, Local No. 12, 3 N. L. R. B. 306 283034-41-vol 23-71 1110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 a part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Schafer Brothers Lumber & Shingle Company Division of Schafer Brothers Logging Company, Montesano, 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 under the direction and supervision of the Regional Director for the Nineteenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among the sawmill workers who were on the Company's pay roll for the period last preceding the date of this Direction, in- cluding employees who did not work during such pay-roll period be- cause they were ill or on vacation or who were then or have since been temporarily laid off, but excluding office employees, superintendents, foremen, and supervisory employees of higher rank and employees who have since quit or been discharged for cause to determine whether they desire to be represented by Lumber and Sawmill Work- ers Union, Local No. 2782, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Fed- eration of Labor, or by Sawmill and Timber Workers Union, Local No. 2, affiliated with the International Woodworkers of America, which in turn is affiliated with the Congress of Industrial Organiza- tions, for the purposes of collective bargaining, or by neither. MR. EDWIN S. SMITH, dissenting : For the reasons stated in my dissenting opinion in the Buckley Hemlock case 11 and in the Board's Decision in the Donovan case,12 I believe that the sawmill workers and the logging employees of the Company comprise a single appropriate unit. I would dismiss the petition of Local No. 2782. 11 Matter of Buckley Hemlock Mills, Inc, Buckley Logging Company and International Woodworkers of America, Local No. 52, 15 N L R B. 498 1 Matter of Donovan Lumber Company and International Woodworkers of America, Local No 2, et al., 10 N. L. R. B 634.