Brooks Scanlon Lumber Co. Inc.

In the Matter of BROOKS SCANLON LUMBER COMPANY INC. and INTER- NATIONAL WOODWORKERS OF AMERICA, LOCAL #6-7, AFFILIATED WITH THE C. I. O. In the Matter of ELMER PRATER, OPERATOR and INTERNATIONAL WOOD- WORKERS, or AMERICA, LOCAL #6-7, AFFILIATED WITH THE C. I. O. Cases Nos. R-2014 and R-2015.Decided September 16, 1940. Jurisdiction : lumber industry. Investigation and Certification of Representatives : existence of questions: dis- pute as to appropriate unit; refusal to accord recognition to union; elections necessary Units Appropriate for Collective Bargaining : (1) production and maintenance employees of the Company exclusive of executives, superintendents, foremen, assistant foremen, office and clerical employees ; (2) production and mainte- nance employees employed by an operator in the picket and lathe mill in the plant of the Company, exclusive of said operator and assistant foreman. Mr. H. H. DeArmond, of Bend, Oreg., for the Company and for the Operator. Mr. -Cecil C. Moore, of Bend, Oreg., for the Union. Miss Ann Landy, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On June 27, 1940, International Woodworkers of America, Local #6-7, affiliated with the •C. I. 0., herein called the Union, filed with the Regional Director of the Nineteenth Region (Seattle, Washing- ton) a petition alleging that a-question affecting commerce had arisen concerning the representation of employees of Brooks Scanlon Lum- ber Company Inc., herein called the Company, and requesting an in- vestigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 11, 1940, the Union filed an amended petition and also a separate petition alleging that a question affecting commerce had arisen concerning the representation of employees of Elmer Prater, 27 N L R. B., No. 59. 284 BROOKS SCANLON LUMBER COMPANY, INC. 285 operator of the picket mill in the Company's plant, at Bend, Oregon, herein called the Operator, and requesting an investigation and certi- fication of representatives pursuant to Section 9 (c) of the Act. On July 25, 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 Regula- tions-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; and, acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, further ordered that the two cases be consolidated. On August 2, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, upon the Operator, and upon the Union., Pursuant to the notice, a hearing was held on August 15, 1940, at Bend, Oregon, before William A. Babcock, the Trial Examiner duly designated by the Board. The Company, the Operator, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to, examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made various rulings on motions and on objections to the admission of evidence. The Board has reviewed all the rulings of the Trial Examiner and finds that no prejudicial error was committed. The rulings are hereby afiirnmed. At the end of the hearing the Trial Examiner informed the parties that they .were entitled to apply for oral argument before the Board in Wash- ington, D. C., within five (5) days after the hearing. None of the parties availed themselves of the opportunity. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Brooks Scanlon Lumber Company Inc. is a Deleware corporation with its principal office and place of business near Bend, Oregon. It also maintains sales offices at Wilmington, Delawaie, at Chicago, Illinois, and at Minneapolis, Minnesota. It is engaged in the manu- facture and sale of lumber and lumber products. It operates saw mills, planing mills, box factory and cut-up plant, and logging equip-. ment incidental-to its business. Its gross sales for the year of 1939' were 117,141,443' feet of lumber, 98 per cent of such products were shipped to points outside the State of Oregon. The Company also owns a lathe and picket mill located in its saw-mill building and operated by Elmer Prater. The Company furnishes all materials, 286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD supplies, and machinery. The products manufactured at the lathe and picket mill are sold along with other products of the Company. Ninety-five per cent of the products of the lathe and picket mill are shipped to points outside the State of Oregon. II. THE ORGANIZATION INVOLVED The International Woodworkers of America, Local -# 6-7, is a labor organization affiliated with the Congress of Industrial Organi- zations and admits to membership all persons employed in and in the vicinity of Bend, Oregon, in the lumber industry, except office and clerical workers, foremen, and assistant foremen. III. THE QUESTIONS CONCERNING REPRESENTATION It was stipulated by all parties that a question concerning represen- tation has arisen in that on or about June 22, 1940, the Union requested the Company for recognition as exclusive representative of its employees in the unit described below and for the persons working in the lathe and picket mill, and the Company refused to grant recogni- tion for the reason that it was not certain that a majority of the employees in its plant desired the Union to be recognized as their sole agency for collective bargaining. The Company also objected to the inclusion of the persons employed in the lathe and picket mill in the bargaining unit on the ground that they were not employees of the Company. It was also stipulated that the Union requested the Operator for recognition as exclusive representative of his, employees, and the Operator refused to grant recognition for the reason that he had, no knowledge that the Union represented a majority of his employees. It appears from a statement signed by Robert L. Condon, Board attorney who examined the records of the Union, that the Union represented a substantial number of employees 1 n each of the units described below.' We find that questions have arisen concerning the representation of the employees of the Company and the Operator. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE 1\ We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and substantial "A comparison of the union record and the Company's and the Operator's pay roll revealed that 263 of the Company's approximately 700 production employees, and 8 of the Operator's 20 employees, had signed application cards for the Union. BROOKS SCANLON LUMBER COMPANY, INC. 287 relation to trade, traffic, and comerce among the several States, and tend 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 production and maintenance employees of the Company in and around its Bend, Oregon, plant, exclusive of executives, superintendents, foremen, assistant foremen) office fund clerical employees, constitute a unit appropriate for the purposes of collective bargaining. The em- ployees who are excluded from the unit in accordance with the stipulation are listed in Appendix A. The parties also stipulated that the production and maintenance employees employed by Elmer Prater in the picket and lathe mill in the plant of the Company, exclusive of Elmer Prater, assistant foreman, constitute a unit appropriate for the purposes of collective bargaining. We find that all production and maintenance employees of the Company in and around its Bend, Oregon, plant, exclusive of execu- tives, superintendents, foremen, assistant foremen, and office and clerical 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. We also find that the production and maintenance employees employed by Elsner Prater in the picket and lathe mill in the Com- pany's plant, exclusive of Ehner Prater, assistant foreman, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to -employees of Elmer Prater the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act.2 VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions concerning representation which have arisen can best be resolved by means of elections by secret ballot and shall direct the holding of such elections. We shall direct that those eligible to vote shall be the employees in the appropriate unit whose navies appear upon the Company's pay roll immediately preceding the date of this Direction of Elections, including any employees who did not work. during said pay-roll period because they were ill or 'In view of the stipulation we do not pass on the question whether or not the persons stipulated to be employees of Elmer Prater are also employees of the Company 288 DECISIONS OF NATIONAL - LABOR RELATIONS BOARD on vacation and employees who were then or since have been tem- porarily laid off, but excluding those who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon-the entire record-iii the case, the Board makes the following : CONCLUSIONS OF LAW 1. International Woodworkers of America, Local #6-7, affiliated with the C. I. 0., is a labor organization, within the meaning of Section 2 (5) of the National Labor Relations Act. 2. Questions affecting commerce have arisen concerning the repre- sentation of employees of Brooks Scanlon Lumber Company Inc. and Elmer Prater, Operator, Bend, Oregon, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela- tions Act. 3. All production and maintenance employees of the Company in and around its Bend, Oregon, plant, exclusive of executives, super- intendents, foremen, assistant foremen, office and clerical employees, constitute a unit appropriate for the purposes of collective bargaining. 4. All production and maintenance employees of Elmer Prater in the picket and lathe mill in the Company's plant, exclusive of Elmer Prater, assistant foreman, constitute a unit appropriate for the pur- poses of collective bargaining. 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 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 with Brooks Scanlon Lumber Company Inc. and with Elmer Prater, Opera- tor, Bend, Oregon, elections by secret ballot shall be conducted as early as possible but not later than thirty (3Q) days from the date of this Direction of Elections under the direction and supervision of the Regional Director for the Nineteenth 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. 1. Among all production and maintenance employees of the Brooks Scanlon Lumber Company Inc., Bend, Oregon, whose names appear upon the Company's pay roll immediately preceding the date of this- Direction of Elections, including employees who did not work during said pay-roll period because they were ill or on vacation and those who were then or have since been temporarily laid off ; but excluding BROOKS SCAN'LON LUMBER COMPANY, INC. 289 executives , superintendents, foremen, assistant foremen, office and clerical employees and those who have since quit or been, discharged for cause, to determine whether or not,they desire to be represented by International Woodworkers of America, Local #6-7, affiliated. with the C. I. 0., for the purposes of collective bargaining; 2. Among all production and maintenance employees employed by Elmer Prater in the picket,and lathe mill in the plant of the Brooks Scanlon Lumber Company Inc. at Bend, Oregon, during the pay-roll period immediately preceding the date of this Direction of Elections, 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 Elmer Prater, assistant foreman, and employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented by International Woodworkers-of America, Local #6-7, affiliated with the C. I. 0., for the purposes of collective bargaining. [SAME TITLE] AMENDMENT TO DECISION September 06, 1940 On September 16, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding. The Board hereby amends the Decision by adding the attached appendix, erroneously omitted froni the Decision. APPENDIX A U. S. Carnine W. M. Gardner H. C. Friedley F. G. Gates Jack DeRushia M. H. Duncan Chris Kostol H. F. Keep P. N. Nelson Tom Simmons Sam W. Thompson S. D. Tollen B. V. Anderson W. C. Burrell 27 N. L. R. B, No 59a. 323428-42-vo1 27-20 A. N. Curtis D. C. Hale Clarence Curtis A. G. Hedstrom L. A. Holman John W. Lyon A. M. Ifae Hod Richards Hans Slagsvold Steve Steidl Geo. P. Gove Horace Richards C. P. Wanichek Frank Filey DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2Q0 LSAME TITLE CERTIFICATION OF REPRESENTATIVES October 26, 1940 On September 16, 1940, the National Labor Relations Board, herein .called the Board, issued in this proceeding a Decision and Direction of Election and on September 26, 1940, an amendment thereto. Pur- suant to the Direction of Election, as amended, an election by secret ballot was conducted on October 10, 1940, under the direction and supervision of the Regional Director for the Nineteenth Region (Seattle, Washington). On October 14, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- eions Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Report. No objec- tions to the conduct of the ballot or to the Election Report have been -filed by any of the parties. As to the balloting and its results, the Regional Director reported as follotivs: The Employees of Brooks Scanlon Lumber Company, Inc Total number eligible to vote -------------------------------- - 683 Total number of valid votes cast_____________________________ 637 Total number of ballots marked for International Woodwork- ers of America, Local #6-7 -------------------------------- 355 Total number of ballots marked against International Wood- workers of America, Local #6-7 --------------------------- 282 Total number of blank-ballots ------------------------------- 0 Total number of void ballots____________________ ________ 1 Total number of challenged ballots____________ ---------------------------- 0 The Employees of Elmer Prater, Operator. Total number eligible to vote________________________________ 18 Total number of valid votes cast_____________________________ 13 Total number of ballots marked for International Woodwork- ers of America, Local #G-7 -------------------------------- 8 Total number of ballots marked against International Wood- workers of America, Local #6-7 --------------------------- 5 Total number of blank ballots________________________________ 0 Total number of void ballots_______________ 0 Total number of challenged ballots___________________________ 0 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- .Series 2, as amended, BROOKS SCA\NLON, LUMBER' COMPANY, INC. 291 IT IS HEREBY CERTIFIED that International Woodwot'kers of America, Local #6-7, has been designated and selected by a majority of all production and maintenance employees of Brooks Scanlon Lumber Company, Inc., Bend, Oregon, excluding executives, superintendents, foremen, assistant foremen, office and clerical employees, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, International Wooclwvorkers of America, Local #6-7, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. IT IS FURTHER CERTIFIED that, International Woodworkers of Amer- ica, Local #6-7, has been designated and selected by a majority of all production and maintenance employees employed by Elmer Prater in the picket and lathe mill in the plant of the Brooks Scanlon Lumber Company, Inc., at Bend, Oregon, excluding Elmer Prater, .assistant foreman, as,their representative for the purposes of collec- tive bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 27 N. L. R. B., No. 59 b.