West Side Lumber Co.

In the Matter of WEST SIDE LUMBER COMPANY and LUMBER AND SAW- MILL WORRIERS , LOCAL UNION No. 2810, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA Case No. R-1810.-Decided, June 6, 1940 Lumber and Lumber Products Industry-Investigation of Representatives: controversy concerning representation of employees : rival unions ; refusal by employer to recognize either as exclusive bargaining agency in absence of cer- tification by Board-Unit Appropriate for Collective Bargaining : all inside and outside employees including roundhouse crew, car-shop crew, broad-gauge switch- ing crew, and night hostler, but excluding dry-kiln operator , janitor, safety inspector, night watchmen , employees who work on the Company 's narrow-gauge railroad, woods employees , employees with power to hire and discharge, and clerical or office employees : stipulated as to-Representatives : eligibility to participate in choice of: stipulation ; employees on pay roll for last pay-roll period during May 1940-Election Ordered Mr. John T. McTernan, for the Board., Pillsbury, Madison & Sutro, by Mr. Eugene D. Bennett, of San Francisco, Calif., for the Company. Mr. H. H. Williams, of Placerville, Calif., for the A.. F. of L. Local. Mr. William Twist, of Tuolumne, Calif., for the C. I. O: Local. Mr. J. H. Krug, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 21, 1939, Lumber & Sawmill Workers, Local Union No. 2810, United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor,' herein called the A. F. of L. Local, filed with the Regional Director for the Twentieth Region (San Francisco, California) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of West Side Lumber Company, Tuolumne, California, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor 1 The record shows that this is the correct name of the petitioning union, which Is designated in the petition as "Sawmill & Timber Workers , Loc. 2810 of U. B. Of C. & J. of Am." 24 N. L. R. B., No. 37. 416 WEST SIDE LUMBER COMPANY 417 Relations Act, 49 Stat. 449, herein called the Act. On February 24, 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 to provide for an appropriate hearing upon due notice. On April 11, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the A. F. of L. Local, and International Woodworkers of America, Local No. 84, affiliated with the Congress of Industrial Organizations, herein called the C. I. O. Local, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice, a hear- ing was held on April 25,1940, at Tuolumne, California, before Thomas H. Kennedy, the Trial Examiner duly designated by the Board. The Board, the Company, the A. F. of L. Local, and the C. I. O. Local 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. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Subsequent to the hearing the Company, the A. F. of L. Local, the C. I. O. Local, and the attorney for the Board entered into a stipulation, dated May 17, 1940, setting forth the facts concerning the duties of the night hostler employed by the Company and pro- viding that the facts set forth therein might be incorporated as part of the record. The said stipulation is hereby incorporated and made part of the record herein. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY West Side Lumber Company, a California corporation with its principal office and place of business at Tuolumne, California, is en- gaged in the felling and logging of timber and in the manufacture and sale of lumber and lumber products. The timber land owned by the. Company at which its logging operations are carried on is located approximately 65 miles by rail from the Company's Tuolumne plant, where the finished lumber products are produced. The Company owns and operates a narrow-gauge railroad connecting its timber land with the Tuolumne plant. This proceeding does not concern the employees 418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD engaged in logging operations or the employees engaged in working on the narrow-gauge railroad, but involves only those employees who work at the Tuolumne plant. The approximate number of employees in the latter group varies between 155 and 320 throughout the year. During the fiscal year ending February 1940, the lumber and lumber products manufactured at and shipped from the Tuolumne plant amounted in quantity to 37,507,160 board feet, and in value to $937,655. Of said amounts 18,580,816 board feet of the value of $464,500 were sold and shipped by the Company from the Tuolumne plant to points and places outside the State of California. The Company admits that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the National Labor Relations Act. 11. THE ORGANIZATIONS INVOLVED Lumber & Sawmill Workers, Local Union No. 2810, United Brother- hood of Carpenters and Joiners of America, is a labor organization affiliated with the American Federation of Labor, and admits to membership employees of the Company at its Tuolumne plant. International Woodworkers of America, Local No. 84, is a labor organization affiliated with the Congress of Industrial Organizations, and also admits to membership employees of the: Company at its Tuolumne plant. III. THE QUESTION CONCERNING REPRESENTATION By letters to the Company dated September 12, 1939, and November 14, 1939, the A. F. of L. Local requested recognition as exclusive bargaining agency for the Company's employees at the Tuolumne plant in an appropriate unit. The Company replied, by letters dated September 19, 1939, and November 14, 1939, respectively, that it would not recognize the A. F. of L. Local as exclusive bargaining agency in the absence of certification by the Board. Prior to September 12, 1939, the Company refused a request for exclusive recognition made by the C. I. O. Local, on the ground that it would not recognize any union until certified by the Board. Prior to the hearing, both the A. F. of L. Local and the C. I. O. Local submitted to the Regional Director substantial evidence of recent designation as representative for purposes of collective bargaining by employees of the Company working at the Tuolumne plant. We find that a question has arisen concerning representation of employees of the Company. WEST SIDE LUMBER COMPANY 419 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 it was stipulated by the A. F. of L. Local, the C. I. 0. Local, and the Company that the appropriate unit should consist of all inside and outside employees at the Company's Tuolumne plant, including the roundhouse crew, car-shop crew, and broad-gauge switch- ing crew,' but excluding the dry-kiln operator, janitor, safety inspec- tor, night watchmen, employees who work on the Company's narrow- gauge railroad,3 woods employees, employees with power to hire and discharge,, and clerical or office employees. Subsequent to the hearing the parties entered into a stipulation, dated May 17, 1940, setting forth that the night hostler is a part of the roundhouse crew and should be included in the appropriate unit. As stated above, this stipulation has been incorporated in the record. We find that all inside and outside employees at the Company's Tuolumne, California, plant, including the roundhouse crew, car-shop crew, broad-gauge switching crew, and the night hostler, but excluding the dry-kiln operator, janitor, safety inspector, night watchmen, em- ployees who work on the Company's narrow-gauge railroad, woods employees, employees with power to hire and discharge, and clerical or office employees, 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 Neither the A. F. of L. Local nor the C. I. 0. Local seeks certifica- tion upon the basis of evidence adduced at the hearing, and both ask that an election be held. We find that the question concerning repre- 2 The broad-gauge switching crew, which consists of four employees , Is engaged in switch- ing standard-gauge cars belonging to various railroads, within the plant grounds and be- tween the plant and the Company's docks. 8 As used by the parties, and as used herein , "employees who work on the Company's narrow gauge railroad" include the dispatcher , train crews , and section gang. 420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sentation which has arisen can best be resolved by an election by secret ballot.4 The parties agreed that if the Board ordered an election herein, the election should be held as early as possible after the last pay-roll period during the month of May 1940, and that all employees in the appropriate unit who appear on the pay roll for said pay-roll period should be eligible to vote,5 including employees who in said period shall have been temporarily laid off, on vacation, or absent because of illness or injury, but excluding employees who during or after said pay-roll period shall have quit or been discharged for cause. We see no reason to depart from the agreement of the parties, and we shall direct accordingly.6 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 West Side Lumber Company, Tuolumne, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All inside and outside employees at the Company's Tuolumne, California, plant, including the roundhouse crew, car-shop crew, broad- gauge switching crew, and the night hostler, but excluding the dry- kiln operator, janitor, .safety inspector, night watchmen, employees who work on the Company's narrow-gauge railroad, woods employees, employees with power to hire and discharge, and clerical or office em- ployees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the 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 Relations 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 4 During the hearing the C. I. O. Local requested that its name appear upon the ballot as "International Woodworkers of America, CIO, Local No. 84," in order to avoid confusion between the two labor organizations . The A . F. of L . Local made no objection and we shall so designate the C. I. O. Local upon the ballot. 5 The record indicates that this is normally a period when the plant reaches full operations. The respective groups of employees to be included among and excluded from those eligible to vote, were referred to by the parties as employees whom they desired to include in and exclude from the unit. The record shows that this reference was inadvertent , and that the parties were concerned only with the issue of eligibility to vote. WEST SIDE LUMBER COMPANY 421 with West Side Lumber Company, Tuolumne, California , an election by secret ballot shall be conducted as early as possible after the last pay-roll period during the month of May 1940 , under the direction and supervision of the Regional Director for the Twentieth 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 all inside and outside employees at the Company's Tuolumne, California, plant, who appear on the Company's pay roll for the said pay-roll period, including employees who in said pay-roll period shall have been temporarily laid oft, on vacation, 'or absent because of illness or injury, and also including the roundhouse crew, car-shop crew, broad-gauge' switching crew, and the night hostler, but excluding the dry-kiln operator, janitor, safety inspector , night watchmen, employees who work on the Company's narrow-gauge railroad, woods employees, employees with power to hire and discharge , and clerical or office employees, and also excluding employees who during said pay-roll period or between said pay-roll period and the date of the election shall have quit or been discharged for cause, to determine whether they desire to be represented by Lumber & Sawmill Workers, Local Union No. 2810, United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, or by International Woodworkers of America , CIO, Local No. 84, for the purposes of collective bargaining, or by neither. 283035-42-vol. 24-28