Weyerhaeuser Timber Co.

In the Matter of WEYERHAEUSER TIMBER COMPANY, LONGVIEW BRANCH and INTERNATIONAL WOODWORKERS OF AMERICA, LOCAL No. 36, AFFILI- ATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS In the Matter Of WEYERHAEUSER TIMBER COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE #1350 In the Matter of WEYERHAEUSER TIMBER COMPANY and LUMBER AND SAWMILL WORKERS UNION, LOCAL No. 2792, CHARTERED BY THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA (AFL) In the Matter Of WEYERHAEUSER TIMBER COMPANY and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS AND WELDERS OF AMERICA, LOCAL No. 611 (AFL) In the Matter Of WEYERHAEUSER TIMBER COMPANY avid INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION '#B77 In the Matter of WEYERHAEUSER TIMBER COMPANY, LONGVIEW BRANCH and MILLWRIGHTS UNION, LOCAL 629, UNITED BROTHERHOOD OF CAR- PENTERS AND JOINERS OF AMERICA, AFFILIATED WITH A. F.•OF L. Cases R-2098 to R-2 103 inclusive. Decided February 13, 19411 Jurisdiction : logging and lumber manufacturing industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives ; electi6ns necessary. Units Appropriate for Collective Bargaining : ( 1) production and maintenance employees in the mills excluding supervisory, clerical, office, and shingle em- ployees , and boommen , rafters, and slipmen ; ( 2) production and maintenance employees in the woods, excluding supervisory , clerical and office employees, conductors, brakemen , firemen, and engineers employed on the logging trains, and boommen , rafters, and slipmen Mr. Thomas P. Graham and Mr. Patrick H. Walker, for the Board. Mr. W. E. Heidingeh', of Tacoma, Wash., for the Company. Stevenson & Gershon, by Dlr. Perry Gershon, of Seattle, Wash., and Mr. Joseph Kovner, of Washington, D. C., for the I. W. A. Mr. L. Presley Gill, of Seattle, Wash., for the Millwrights, Local 2792, Local 2641, and Local 2642. Dlr. H. F. Mullaney, of Seattle, Wash., and Mr. Lawson Wimberly, of Washington, D. C., for the I. B. E.W. ' MM. William Williams, of Portland, Oreg., and Mr. W. A. Calvin, of Washington, D. C., for the Boilermakers. 29 N. L. R. B., No. 101. 571 572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Mr. James J. Molthan, of Seattle, Wash., for the Boommen and Rafters. Mr. James Duncan, of Seattle, Wash., Mr. C. J. Nagel, of Kelso, Wash., and Mr. Paul R. Hutchings, of Washington, D. C., for the I., A. M. Miss Charlotte Anschuetz, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS, STATEMENT OF THE CASE On June 19, 1940, International Association of Machinists, Lodge #1350, herein called the I. A. M.; on July 2,1940, Lumber and Sawmill Workers Union, Local-2792, chartered by the United Brotherhood of, Carpenters and Joiners of America (AFL), herein called Local 2792, International Brotherhood of Boilermakers, Iron Shipbuilders and Welders of America, Local No. 611 (AFL), herein called the Boiler= makers, and International Brotherhood of Electrical Workers, Local Union #B77, herein called the I. B. E. W.; and on July 13,1940, Mill- wrights Union, Local 629, United Brotherhood of Carpenters and Joiners of America, affiliated with A. F. of L.,1 herein called the Mill- wrights, respectively, filed with the Regional Director for the Nine- teenth Region (Seattle, Washington), five separate petitions, each alleging that a question affecting commerce had arisen concerning the representation of employees of Weyerhaeuser Timber Company, who are employed at. its Longview Branch, Longview,' Washington, and requesting an investigation and certification of representatives pur- suant to Section 9 '(c) of the National Labor Relations Act, 49 Stat. 449, herein. called the Act. On August 7, 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 investi- gation in each case and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice; and, pursuant to Article III, Section 10 (c) (2), of the said Rules and Regulations, ordered that the five cases be consolidated for the purposes of the hearing. i Incorrectly designated in the petition and notice of hearing as Local 629 , United Brotherhood of Carpenters and Joiners of America, affiliated with A. F of L WEYERHAEUSER TIMBER COMPANY 573 On August 14, 1940, International Woodworkers of America, Local No. 36, affiliated with the Congress of Industrial Organizations, -herein called the I. W. A., filed an amended petition 2 similar to the petitions described above. On September 20, 1940, the Board ordered an in- vestigation and hearing as'above and further' ordered that the case be consolidated with the other five cases previously consolidated. On September 25, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company ; upon the I. W. A.,.the I. A., M., Local 2792, the I. B. E. W., the Millwrights, and the Boilermakers, the petitioners herein; and upon Lumber and Sawmill Workers Union, Local No. 21542, herein called Local 2642,, and Pile Drivers Union Local No. 1036, labor organizations claiming to represent employees directly affected by the investigation. Pursuant to -notice, a hearing was held at Kelso, Washington, on October 7, 8, 9, and 10, 1940, before Webster Powell, the Trial Examiner duly designated by the Board. In the course of the hearing, the Trial Examiner granted leave•to intervene to Lumber and Sawmill Workers Union, Local No. 2641, and to Local 2642.3 The Company, the I. W. A:, the I. B. E. W., the I. A. M., the Boilmakers, the Millwrights, Local 2792, Local. 2641, and- Local 2642 were represented by counsel or duly authorized representatives and participated in the hearing. During the course of the hearing the representative for International Woodworkers of America, Local No. 107, Boommen and Rafters,'herein called the Boommen and Rafters, who appeared at the commencement of the hearing, announced that he would not intervene on behalf of the Boommen and Rafters and withdrew from participation in the proceedings. 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 a number of 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. Pursuant to notice, a hearing was held before the Board on November 7, 1940, at Washington, D. C., for the purpose of oral argument. The I.' A. M., the I. B. E. W., the I. W. A., and the Boilermakers were represented and participated in the argument. The Company filed a brief which the Board has considered. 2 The ougmal petition was filed on April 16, 1940, and on April 29, 1940, the Board or- dered an investigation and a hearing thereon A notice of hearing was issued on May 6, 1940, but was vacated on September 25, 1940 8 Local 2642 did not file a petition in intervention , but was permitted to define the unit it considered 'appropriate and give evidence of its representation in such unit. 574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Weyerhaeuser Timber Company is a Washington corporation en- gaged in the manufacture and sale of fir, cedar, and hemlock timber and in logging. Its principal office and place of business is at Tacoma, Washington. It operates manufacturing branches at Longview, Everett, Vail, and Melbourne,- Washington, and Klamath Falls, Oregon. This proceeding concerns representation of em- ployees at the Longview Branch. The Company's Longview Branch is engaged in logging and saw- mill operations.' The logging operations are normally conducted in four camps located at a distance of 5 to 30 miles from each other and approximately 50 miles from the mills. The `camps are connected by the Company's logging railroad, covering approxi- mately 123 miles and extending to about 28 miles from the mills. For a distance of approximately 19 miles from that point, the Company operates its trains over the railroad of the Cowlitz Devel- opment Company, an intrastate railroad owned jointly by the Com- pany and by Ostrander Railway & Timber Company and used exclusively by them for the transportation of logs; and, for the remaining 9 miles, over the railroad of Columbia and Cowlitz Rail- way Company, a common carrier having switching connections with transcontinental railroads. In the course of production the trees are felled by the fallers, cut into log length by the buckers, brought to the railroad siding by the loggers, and placed on the Company's trains by the loaders. They are then transported to Longview by the train crews and dumped into the mill pond, at which point the process of logging is completed. The logs are next sorted by the boommen and directed into the mill by the slipmen. In the mill the logs are cut into lumber and subjected to various processes, such as sawing, trim- ming, drying, and planing. In both the woods and the mills the Company, in addition to the employees engaged in the logging and sawmill work proper, maintains machine shops and maintenance and construction departments which are composed of engineers, machinists, electricians, boilermakers, welders, millwrights, and other mechanics.' The raw materials, other than logs, used by the Company in its operation consist of fuel oil,,cables, belting, 'and similar supplies. Approximately 75 per cent of such materials are secured outside the State of Washington. During the year 1939 the Company pro- WEYERHAEUSER TIMBER COMPANY 575 duced and sold approximately 332,242,000 feet of lumber, approxi- mately 90 per cent of which were shipped t(,r points outside the State of Washington. All sales of the Company's products are made through the Weyerhaeuser Sales Company, a Washington corpora- tion which has its principal office at St. Paul, Minnesota. At the date of the hearing the Company, at its Longview Branch, employed approximately 1,800 employees ` in the sawmills, herein called the mills employees, and approximately 1,000 in the logging operation, herein called the woods employees. II. THE ORGANIZATIONS INVOLVED International Association of Machinists, Lodge #1350, is a labor organization affiliated with the American' Federation of Labor, herein called the A. F. of L., admitting to membership machine-shop em- ployees of the Company. International Brotherhood of Boilermakers, Iron Ship Builders and Welders of America, Local No. 611, is a labor organization affili- ated with the A. F. of L., admitting to membership boilermakers, welders, and helpers employed by the Company. International Brotherhood of Electrical Workers, Local Union #B77, is a labor organization affiliated with the A. F. of L., admit- ting to membership employees of the Company engaged in the construction and maintenance of plant electrical equipment, International Woodworkers of America, Local No. 36, is a labor organization affiliated with the Congress-of Industrial Organizations, herein called the C. I. 0., admitting to membership all production' and maintenance employees of the Company excluding supervisory, clerical, railway, and technical employees. International Woodworkers of America, Local No. 107, Boommen and Rafters, is a labor organization affiliated with International Woodworkers of America, which in turn is affiliated with the C. I. O. It admits to membership boommen, rafters, and slipmen of the Company. Lumber and Sawmill Workers Union, Local 2641, Local 2642, and Local 2792, are labor organizations chartered by United Brother- hood of Carpenters and Joiners of America. herein called the Car- penters, which in turn is affiliated with the A. F. of L. Local 2641 admits to membership production and maintenance employees of the Company in the mills, excluding. employees "generally known as" electricians, machinists, boilermakers, millwrights, and cargo em- ployees over whom jurisdiction is claimed by the I. B. E. W., the I. A. M., the Boilermakers, the Millwrights, and Local 2792 respec- tively. Local 2642 admits to membership production and main- tenance employees of the Company in the 'woods, excluding the 576 DECISIONS OF NATIONAL LABOR "RELATIONS BOARD employees over whom juridiction is claimed by the I. A. M., the I. B. E. W., and the Boilermakers, 'and those eligible to unions already certified by the B6ard.4' Local 2792 admits to membership those employees of the' Company working ' in the cargo-dock department. Millwrights Union, Local 629, United 'Brotherhood of `Carpenters and Joiners of America, is a labor organization affiliated with the A. F. of L. admitting' t'o membership, among' others, millwrights, helpers, oilers, and car-repair men.5 III. THE QUESTION CONCERNING REPRESENTATION In 1933 the employees of the Company at its Longview Branch were organized in Federal Union 18260, herein called the old Federal Union, which was directly affiliated with the A. F. of L. and had jurisdiction over the employees of the Company and of other com- panies in the industry. In March 1934, an election was held under the National Industrial Recovery Act between the old Federal Union and the Loyal Legion of Loggers and Lumbermen, another labor organization, to determine the bargaining representatives of the em- ployees of the Company. This election was won by the old Federal Union. Early in 1935, the old Federal Union, upon order of the Executive Council of the A. F. of L., affiliated with the Carpenters and shortly thereafter became known as Local 2504. Local 2504 was dissolved in the latter part of July or early in August 1935, and was succeeded by Local 2641 and Local 2642 which were granted jurisdiction over the mills employees and the- Woods employees, respectively. In October 1935 the Company executed an agreement with Local 2641 governing wages, hours, and working conditions of the mills employees generally. This agreement was renewed on April 15, 1937, and again on October 31, 1938. On April 15, 1937, the Company entered into a similar agreement with Local 2642 providing for recognition of Local 2642 as the bargaining agent for its members and governing wages, hours, and working conditions of the woods employees generally. The latter agreement was also renewed on October 31, 1938. Each of these agreements was subject to termina- tion or modification by either party upon 30 days' notice. 4 The Boommen and Rafters , Brotherhood of Railroad Trainmen , and Brotherhood of Locomotive Firemen and Enginemen . We assume that Local 2641 would also exclude the employees over whom these unions have exclusive bargaining rights. 6 Local 2641, Local 2642 , Local 2792, and the Millwrights are also affiliated with Long- view District Council Lumber and Sawmill Workers Union ; the I A M., the I. B. E. W.. and the Boilermakers are, affiliated with the Cowlitz Metal Trades Council of Longview, Kelso, and vicinity. WEYERHAEUSER TIMBER COMPANY 577 On December 5, 1939, the Board, in a Supplemental Decision and Certification of Representatives,', found the following bargaining units at the Longview Branch of the Company to be appropriate : (1) all boommen and rafters and slipmen at the mill pond failing within the classifications of pondmen, sorters, head raftsmen, log unloaders, slipmen, or any other such classifications; (2) all con- ductors and brakemen on the logging trains; ( 3) all firemen and engineers on the logging trains. ' On June 10, 1940, the Company sent similar letters to Local 2641 and Local 2642 informing each that since it apparently no longer represented a majority of the employees in its unit, and had not, been certified by the Board, the agreements would be considered termi- nated as of July 20, 1940. Until the date of its termination of the agreements with Local 2641 and Local 2642, the Company refused to recognize any other bar- gaining agencies, although requested to do so by the I. A. M., the I. B. E. W., and the Boilermakers, on the ground that the existing contracts covered all employees' and were a bar to contracts with other representatives. After' the expiration' of the contracts, the Company refused to enter into negotiations with any of the petition-' ing unions before their certification by the Board as bargaining agents. There were, introduced in evidence at the hearing statements by two, of the Board's Field Examiners and the Trial Examiner concerning claims of authorization for the purpose of representation. These showed that each union represents a substantial number of employees in the unit it claims as appropriate.8 6 Matter of Weyerhaeuser Timber Company and International Woodworkers of America, Local No 107, Boommen and Rafters, 18 N. L. B B 129. Excluding, however, the employees covered by the Board's Certifications of December 5, 1939, the pulp-mill employees who are represented by the Sulphide Workers & Paper Workers Union, and the Shingle Mill employees In support of its contention that it represented a substantial number of employees in the unit which it claimed as appropriate in its original petition, the I W. A submitted to the Field Examiner 632 application caids, all of which appeared to bear genuine original signatures, and a membeiship roster and dues records containing 615 names Of these, 449, 33 of whom were names of persons for whom no application cards were submitted, and 27, persons not included within the dues record, were names appearnig on the Com- pany's pay roll of January 19, 1940. The Company's pay roll of October 3, 1940, discloses approximately 1,000 persons in the unit originally claimed as appropriate by the I. W A It submitted no formal proof of authorization in the unit contended for in its amended petition See footnote 9, infra Local 2642 submitted to a Field Examiner its membership roster and dues record, on winch were found 302 names appearing on the Company's pay roll of January 19, 1940 The Company's pay roll of October 3, 1940, discloses approximately 1,000 persons in the unit claimed by Local 2642 as appropriate The Trial Examiner stated for the record that Local 2641 submitted 39 applications for membership, 36 of which appeared to have genuine original signatures and are the names of persons appearing on the Company's pay roll of October 1, 1940. The Boilermakers submitted td a Field Examiner two authorization statements, one indi- cating membership in, and the other application for membership in its local These con- tained five and seven signatures respectively. Of these, ll.signatures are names of persons 1 578 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that the questions have arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE 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 relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNITS The I. W. A. claims as an appropriate unit 9 all production and maintenance employees engaged in both the mills and the woods of the Company at the Longview Branch, excluding supervisory, cler- ical, railway, and technical employees,10 and boommen and rafters. The I. A. M., the I. B. E. W., and the Boilermakers claim as separate appropriate units employees falling generally within their crafts, respectively : machinists and machinists' helpers employed in the mills and the woods, electricians employed in the mills," and appearing on the Company's pay roll of June 19, 1940 The Company's pay i oil of October 1940 discloses approximately 13 persons in the unit claimed by the Boileiinakers to he appropriate The I B E w submitted to a Field Examiner a copy of the shop steward's ieport to it dated May 27, 1940, containing the names of 18 persons who had paid union dues through April 1940, and a certified list of employees who had signed authorization statements. Twenty-nine of the names appearing on the certified lists, which included IS names on the shop steward's repoit, are names of poisons appealing on the Company's pay,ioll of June 19, 1940 The Company's pay roll 'of October 1, 1040, discloses 30 persons vtiilhni the unit claimed by the I _B E W to be appiopnate The I A Al presented to a Field Examiner 15 authorization cards all of which appeared to bear genuine original signatures and a certified list of 29 names taken from the union ledger and dues book. TAelve of the 15 signatures and 27 of the names on the list are names of persons appearing on the Company's pay roll of June 19, 1940 The pay roll of October 1, 1940, discloses about 60 persons in the unit (lamed by the I A iii to be appropi mte The Millwiiglits submitted to a Field Exannnei 78 application authorization cards nil a application (aids beauug iiliat appeared to be genuine o:iguial signatures Of these 82 signatures 79 were navies of poisons appearing on the Company's pay loll of August 14, 1940 The nuuibei of persons in the unit claimed as appropriate by the liillwii;fits totals 107 Local 2792 submitted to a Field Examiner 42 application and authorization cards, all of which appeared to bear genuine original signatures Of these signatures, 39 were the nariies of persons appearing on the Company pay roll of June 19, 1940 The pay roll of October 1, 1940, discloses appioxiinatcly 63 poisons in the unit claimed by Local 2792 to be appropriate 8 In its original petition filed Api it 16, 1940, the I IV. A requested a unit confined to employees in the logging operations This petition aes ,intended on August 14, 1940, to include employees of the mill in the unit, 10 "Technical employees' was explained to mean employees such as "timber cruisers "Although neithei the petition of the I B E W discloses nor the iecoid expressly states that the I B. E w confines its claim to the electricians in the mills, this fact appears from a comparison of the members' naives and the pay roll of the Company - WEYERHAEUSER TIMBER COMPANY 579 boilermakers and welders employed in the, mills and the woods ?2 Local 2792 contends that all employees in the cargo-dock department in the mill constitute an appropriate unit. The Millwrights allege that a unit consisting, among others, of millwrights and millwrights' helpers, maintenance men, helpers, oilers, and car repairmen is an appropriate unit. Local 2641 and Local 2642 contend that the pro- duction and maintenance employees in the mills and in the woods, respectively, exclusive of employees claimed by the I. A. M., the I. B. E. W., the Boilermakers, the Millwrights, Local 2792, the Boommen and Rafters, and the two Brotherhoods, and of supervisory' and clerical employees, constitute appropriate units. - The Company desires two appropriate units: one for the mills employees, and one for the woods employees. It is willing to exclude the employees falling within the jurisdiction of the Boommen and Rafters and the Railroad Brotherhoods who have already been certified by the Board. The I. A. M., the I. B. E. W., the Boilermakers, Local 2792, and the Millwrights contend that they should be recognized as separate bargaining Units for the following reasons: (1) that each represents a group of persons whose interests are similar, and who are differ- entiated from the-other employees of the Company; (2) that their situation is analagous to that of the Boommen and Rafters and of the two Railroad Brotherhoods who were certified as representatives of separate units by the Board; and (3) that collective bargaining in the industrial groups as described above, has not been successful. The unit for -which the I. A. DI. contends includes employees with the following classifications but does not include all employees in the machine shop department as explained below : machinists and machinists' helpers, an air mechanic and his helper, a donkey doctor, a rigging maker, a tool checker, a gas mechanic, a boiler washer, a shop helper, and machine-shop laborers. These employees, totaling approximately 60 in number, work at the "headquarters shop" in the woods or at the "plant machine shop" in the mills, repairing the engines, cranes, and locomotives used in the various lumber opera- tions. A part of their work consists of servicing engines in all parts of the plant as needed.13 Not all of them are paid on all hourly basis or work regular hours 14 The unit for which the I. B. E. W. contends consists of approximately 30 men constituting the electrical 12 The I A M , the I B B w , and the Boilcrmakei s i equested certification as collective bargaining representative foi employees in these units in an earlier case before the Board In Matter of Weyeiliaeusei Timber Company and International 1Voodiweikers of America, Local No 107, 10 N. L It B 902, the Board dismissed these petitions because they presented problems involving juusdictional disputes with other unions of the same parent body The percentage of time spent in the machine shops and elsewhere in the plant is not revealed by the record 14 The donkey doctor , who repairs donkey engines, is paid by the month and works irregu- lar honis 41 i n2-12-i of 29- iS 580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD' department. These men are engaged in the construction and main- tenance of all plant electrical equipment, and include electrical crane maintenance men, men in the shop department who repair electrical equipment, and a construction crew which installs and changes equip- ment. Their work, like that of the machinists, is not confined to any particular area. The 13 men whom the Boilermakers wish to represent area part of the machine shop department and work under the supervisor in charge of the machine shop. They are engaged in such work as welding and repairing boilers, and building and repair- ing tanks. This work is done in the machine shop, in the mills, at the locomotive pit, at a boiler pit at the woods operation, or wher- ' ever needed in the plant. , The cargo dock employees, whom Local 2792 seeks to represent, consist of 63 men in the cargo dock department. This department is located at the far west end of the plant and is responsible for the assorting and assembling of orders essential to preparing lumber for shipment by water. Among the employees are carrier drivers, crane operators, crane spotters, tallymen, and a large number of laborers at common labor jobs. While these employees perform work else- where in the plant only in an emergency, it was admitted that there are carrier drivers, crane operators, crane spotters, and tallymen else- where in the plant, with duties identical with those of the cargo dock department employees, and•that these employees could be substituted for one another. The Millwrights desire to include in their alleged appropriate unit not only "millwrights, helper oilers, and car repair- men" as alleged in the petition, but also a large number of persons in what appear to be miscellaneous classifications, such as carpenters, conveyor tenders, steam-equipment men and their helpers, car whackers (who repair logging cars), painters, a pattern maker, a saw filer, and a tinsmith. While in general the employees-in this group may be described as men who repair machinery and do con- struction work, their' work is highly diversified. These men are employed throughout the entire plant. It appears from the foregoing that, with the exception of the cargo dock employees, the men in the units claimed as appropriate are not geographically separated from the other employees of the Com- pany and that the cargo dock employees are in'no sense engaged in specialized work. All these men are included among the employees who have the "transfer slip" privilege of being transferred according to seniority from one department to another in the event of cur- tailment of work; several within each proposed unit have been so transferred. Each of the crafts, also, is subject along with other crafts in the plant to an agreement with the Company ."to provide advancement for helpers" covering apprentices, defining terms of WEYERHAEUSER TIMBER COMPANY 581 } employment and regular stated increases, and providing for recruit- ing of skilled craftsmen from within the Company's organization." In general, wage rates, hours, and conditions of employment among all the employees of the Company are uniform. The contention that the position of these unions is analogous to that of the Booinmen and Rafters and of the Railroad Brotherhoods who have been certified to the Company as representatives of sep- arate bargaining units is not substantiated by the record. The Com- pany's boommen, rafters, and slipmen are a small, skilled group of employees who perform a highly specialized task, completely iso- lated from either the mill or woods operations employees." The train conductors and brakemen, and the train firemen and engineers constitute well recognized crafts in the railroad industry. Their duties are confined to transporting lumber and lumber products by train, using a system of operation that does not differ substantially from that used ordinarily in railroad transportation 17 • The attack of the I. A. M., the I. B. E. W., the Boilermakers, Local 2792, and the Millwrights upon the success and results of the col- lective bargaining at the Longview plant on the basis of the two industrial units must be viewed in the light of the following con- siderations. The processes of production at the plant are interre-• lated to such an extent that, as the Company claims, a cessation of any of these would cripple the entire, operation of the plant. Collective bargaining, moreover, with each group of employees who have some- what differentiated functions, would result in long and difficult proc- esses of negotiation. That these two facts have been recognized by the craft unions here involved is evident from an agreement entered into on February 8, 1940, between the Longview District Council Lumber, and Sawmill Workers Unions (to which are affiliated Local 2641, Local •2642, Local 2792, and the Millwrights) and the Cowlitz Metal Trades,,Council of Longview, Kelso, and vicinity (to which are affilidted,the I. A. M., the'I. B. E. W., and the Boilermakers), pro- viding for the formation of "a joint committee for the purpose of negotiating an agreement with the companies covering all employees and signed by both parties hereto, thereby combining all the strength of both parties into one agreement with the employers." This agree- ment in effect acknowledges that collective bargaining in the lumber industry proceeds best upon an industrial basis. As has been'pointed'out above, the history of collective bargaining in connection with the Company has been entirely industrial in is This agreement was negotiated by Local 2641. Is Matter of Long-Bell Lumber Company and International R>othe)hood of Elects ical Workers, Local Union #B77, affiliated with the American Fede,(,tion of Labor, 29 N I. R B 586 14 Cf Sloss Sheffield Steel h I, on Company and Brotherhood of Locowoti+ a Fu enten and Enganemen, 14 N. L R B 186 582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD scope.18 Within the industry as a whole, similarly, organization has been almost completely confined to industrial units,' in the vast major- ity of representation cases arising in the industry which have come before us, locals both of the Lumber and Sawmill Workers, United Brotherhood of Carpenters and Joiners, and of the International Woodworkers of America, have been in agreement upon the appro- priateness of,an industrial unit." In view of this history we find inappropriate the units requested by the I. A: M., the Boilermakers, the I. B. E. W., the Millwrights, and Local 2792. Moreover, we do not believe that the mills employees and the woods employees should be combined in a single bargaining unit, as requested by the I. W. A.2° We find two appropriate units : one consisting of all production and maintenance employees in the mills, excluding supervisory, clerical, office, and shingle mill employees, and booni nen, rafters, and slipmen; the other consisting of all production and maintenance employees in the woods, excluding supervisory, clerical and office employees, con- ductors, brakemen, firemen, and engineers employed on the logging trains, and boonnnen, rafters, and sllpmen. We find that such units will insure to the 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 We find that the questions concerning representation which have arisen can hest be resolved by means of elections by secret ballot. The I. W. A., which desired a single unit. consisting of employees .in the woods and the nulls, shall be placed upon the ballot in each election. Inasmuch as Local 2641, Local 2642, the I. A. M., the I. WE. W., the' Boilermakers, Local 2792, and the Millwrights, are all A. F. of L. affiliates, we shall direct that the A. F. of L. appear on the ballot in each election. In addition, Local 2641, the I. A. M., the I. B. E. W., the Boilermakers, Local 2792, and the Millwrights shall be set forth on the ballot in the election among the employees in the mills in brackets as joint organizations affiliated with the A. F. of L. Similarly, Local 2642, the I. A. M., the Boilermakers, and the Millwrights shall appear on the ballot in the election among the 's Requests foi iecognition, however, were received from the I A M in 1935, the Boiler- makers in 1934 and 1937, the I B E 1V in 1937, and the I 11' A in 1939 Local 2792 and the Millwrights were first organized and chartered in the sunnier of 1940 19Matter of Long-Bell Lumber Company and International B,othe,hood of Electrical 11'orhe-s, Local Union #B7Y, affiliated with the American Federation of Labor, 29 N. L R B .;56 20 hatter of Beelley Hemlock ,hills. Inc, Buclley Logging Company and International Wood iben e?s of Ames ?ca,Local No i2, 15 N L R B 49S WEYERHAEUSER TIMBER COMPANY 583 employees in the woods.2' Any organization desiring. not to appear on the ballots shall notify the Regional Director to that effect within five (5) days after the receipt of the Decision and Direction of Elections herein; thereupon its name shall be omitted from the ballot. We shall direct that those eligible to vote in the election shall be the employees in the appropriate units who are employed by the Com- pany during the pay-roll period immediately. preceding the date of the Direction of Elections herein, 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 tempo- rarily laid off, but excluding those-who have since quit or been dis- charged for cause. ' 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. Questions affecting commerce have arisen concerning the repre- sentation of employees of Weyerhaeuser Timber Company, Longview, Washington, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2.' All production and maintenance employees of the Company in the mills at the Longview Branch, excluding supervisory, clerical, office, and -shingle mill employees, and boommen, rafters, and slip- men, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. 3. All production and maintenance employees of the Company in the woods at the Longview Branch, excluding supervisory, clerical, and office employees, conductors, brakemen, firemen, and engineers employed on the logging trains, and boommen, rafters, and slipmen, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9,(b) of the Act. 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 Rela- tions Act, 49 Stat. 449, and pursuant to Article III,.Section 8, of Na- tional Labor Relations Board, Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining " Since the I. B E. W. apparently makes no claim to representation among the woods employees, we shall not make provision for its name on the ballots in the election among the woods employees. 584 DECISIONS OF NATIONAL LABOR .RELATIONS BOARD with Weyerhaeuser Timber Company, Longview, Washington, elecr tions by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction of Elec- tions, under the supervision of the Regional Director for' the Nine- teenth Region, acting in this matter as agent of the National, Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, (1) among all production and maintenance em- ployees of the Company in the mills who are employed at its Long- view Branch during the 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 em- ployees who were then or have since been temporarily laid off, but excluding supervisory, clerical, office, and shingle mill employees, boomnien, rafters, and slipmen, and those who have since quit or been discharged for cause, to determine whether They desire to be repre- sented by International Woodworkers of America, Local No. 36, affiliated with the C. I. 0., or by American, Federation of Labor [Lumber and Sawmill Workers Union; Local 2641, International As- sociation of Machinists, Lodge #1350, International Brotherhood of Electrical Workers, Local Union #B77, International Brotherhood of Boilermakers, Iron Ship Builders and Welders of America, Local No. 611, Lumber and Sawmill Workers Union, Local 2792, and Mi11- wrights Union, 'Local 629, United Brotherhood of Carpenters and Joiners of America] or by neither; (2) among all production and main' tenance employees of the Company in the woods who'are employed at it' Longview Division during the 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 supervisory, clerical, and office employees, conductors, brake- men, firemen, and engineers employed on, the logging trains, boomme'n; rafters, and slipmen, and those who have since quit or been discharged for cause, to determine whether they desire to be represented by Inter- national Woodworkers of America', Local No. 36, affiliated with the C. I. 0. or American Federation of Labor [Lumber,and Sawmill Workers Union, Local 2642, International Association of Machinists, Lodge #1350, International Brotherhood of Boilermakers, Iron Ship Builders and Welders of America, Local No. 611, and Millwrights Union, Local 629, United Brotherhood of Carpenters and Joiners of America], or by neither. Mui. EDWIN S. SMITH, concurring in part and dissenting in part: As stated in the case of 'Weyerhaeuser Timber Company and Inter- natio'nal Woodworkers -of America, Local No.' 107, Boomm_en and WEYERHAEUSER TIMBER COMPANY -585 Rafters '22 I was opposed to permitting either the boommen, rafters, and slipmen or the railroad employees to set themselves apart in bar- gaining units . None of the unions involved in this proceeding, how- ever, makes any claim with respect to these employees . Moreover, representatives of employees in these units have already been certified to the Company and have engaged in collective bargaining activity. I therefore concur in this decision to the extent that the boommen, rafters, and slipmen, and the railroad employees are excluded from the appropriate units therein. For the reasons expressed by the Board in Matter of Donovan Lum- ber Company and International Woodworkers of America , Local No. 2, et al.;23 and in my dissent in Matter of Buckley Hemlock Mills, Inc., Buckley Logging Company and International Woodworkers of Amer- ica, Local No. 52,24 I believe that the sawmill workers and logging employees of the Company comprise a single appropriate unit. MR. WILLIAM M. LEISERSON , concurring in part and dissenting in part : Most of the machinists , electrical workers, and boilermakers have organized themselves under separate international labor organiza- tions. I would therefore permit the employees in these occupations to choose whether they desire separate bargaining units or whether they want to be included in the larger bargaining unit. In a previous case involving the same branch of the same Company, the Board ordered separate elections for the following occupational groups: (1) boommen, rafters , and slipmen , (2) conductors and brakemen, (3) firemen and engineers . I think the machinists , electrical workers, and boilermakers involved in the present case should have the same • right.25 - 22 16 N L R. B 902 23 10 N . L R B 634 2415 N. L. R. B 498 See also my dissent in Matter of Schafer Brothers Lumber it Shingle Company, Division of Schafer Brothers Logging Company and Sawmill Workers Union, Local No . 2782, chartered by United Brotherhood of Carpenters and Joiners of America, A. F. of L., 23 N. L. R B. 1104. 23 See Matter of Weyerhaeuser Timber Company and International Woodworkers of America, Local No 107, Boommen and Rafters, etc, 16 N . L it. B., 902; Matter of The Globe Machine and Stamping Co and Metal Polishers Union, Local No. 3, et al ., 3 N. L R' B. 294, Matter of Allis-Chalmers Manufacturing Company and International Union, United Automobile Workers of America, Local 248, 4 N. L. R . B 159 ; and subsequent cases.