Kesterson Lumber Corp.

In the Matter Of KESTERSON LUMBER CORPORATION and INTERNATIONAL WOODWORKERS OF AMERICA , LOCAL 6-12, C. I. O. Case No. R-2293.-Decided March 6,1941 Jurisdiction : lumber industry. Investigation and Certification of Representatives : existence of question : refusal to accord-union exclusive recognition; election necessary. Possibility of employment of additional men to constitute a second shift within several months held not to constitute grounds for postponement of election, where use of shift is dependent upon volume of fruit crops and where such a shift was not employed during, 1940. Unit Appropriate for Collective Bargaining : all-employees excluding supervisory and clerical employees. Mr. John B. Ebinger, of Klamath Falls, Oreg., for the Company. Mr. Joe Clark, of Klamath Falls, Oreg., for the I. W. A. Mr. L. Presley Gill, of Seattle, Wash., for the L. & S. W. Miss Charlotte Anschuetz, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE - On December 12, 1940, International Woodworkers of America, Local 6-12, C. I. 0., herein called the I. W. A., filed with the Regional, Director for the Nineteenth Region (Seattle, Washington) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of the Kesterson Lumber Corporation, Klamath Falls, Oregon, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 8, 1941, 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 January 11, 1941, the Board issued a notice of hearing, copies of which were duly served upon the 30 N. L. R. B., No. 14 1 87 88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company, the I. W. A., and Lumber-& Sawmill Workers Union, Local 2649, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, herein called the L. & S. W., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on February 4, 1941, at Klamath Falls, Oregon, before Patrick-H. Walker, the Trial Exam- iner duly designated by the Board. At the opening of the hearing a motion. to intervene was filed by the L. & S. W. and granted by the Trial Examiner. The Company, the I. W. A., and the L. & S. W. were represented by counsel or duly authorized representative and participated in the hearing. Full opportunity to be heard, to exam- ine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hear- ing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Kesterson Lumber Corporation, an Oregon corporation with its principal office and place of business at Klamath Falls, Oregon, is engaged in the manufacture and sale of lumber and lumber products. During each of the years 1939 and 1940 the Company processed ap- proximately 49,000,000 board feet of lumber, valued at about $1,205,- 000, of which approximately 99 per cent were shipped to points out- side the State of Oregon. The Company admits that it is engaged in interstate commerce. The Company's operating unit consists of a sawmill, a planing mill, a box plant, and a lumber yard located in Klamath County, Oregon, about 3 miles from Klamath Falls. The number of em- ployees involved in this proceeding is approximately 230. II. THE LABOR ORGANIZATIONS INVOLVED - International Woodworkers of America, Local 6-12, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership all employees in the mill and logging operations of the Company. Lumber & Sawmill Workers Union, Local 2649,' chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated -KESTERSON LUMBER CORPORATION - 89 with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company bargained with the I. W. A. for a period of approxi- mately 2 years prior to the hearing with respect to specific problems in the plant, but refused to grant its request, made on various occasions, for recognition as exclusive bargaining agent, and challenged the I. W. A.'s claim to represent a majority of the Company's employees in an appropriate unit.' A statement of a field examiner of the Board, introduced in evidence at the hearing, shows that each organization represents a substantial number of employees in the unit alleged by it to be appropriate.2 We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has ,arisen, occurring in connection with the operations of the Company described in Section I above, has a close , intimate, and substantial relation to trade, traffic , and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties stipulated at the hearing that all the employees of the Company, at Klamath Falls, Oregon, exclusive of supervisory and clerical ' employees, constitute a unit appropriate for collective bargaining. The Company and the I. W. A. are in disagreement over the inclu- sion in the unit of six employees, claimed by the I. W. A. to be fore- ' No written agreements were consummated between the I. W. A. and the Company during this period of 2 years , although the U W. A. presented a proposed contract and an outline of seniority rights. 2 The Field Examiner stated that the I . W. A. submitted 182 application for member- ship cards, all of which appeared to 'bear genuine original signatures , and 142 of which were the names of persons appearing on the Company 's pay roll of December 1-15, 1940, which listed approximately 231 employees in the alleged bargaining unit. The Field Examiner stated further that the Klamath Basin District Council of Lumber and Sawmill Workers submitted 43 authorization cards, all of which appeared to bear genuine original signatures , and 36 of which were the names of persons appearing on said pay roll. [Counsel for the L. & S . W. stated at the hearing that these 43 cards represented the interest of the L. & S. W . herein, and that the Klamath Basin District Council of Lumber and Sawmill Workers has no further interest in this proceeding ] 90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD men and therefore supervisory employees.3 Of these six, M. J. Beland, C. F. Crowe, J. B. Henry, I. S. Hulbert, L. R. Tawney, and J. B. Max- well, the Company admits that Beland is a foreman in charge of men and production in the lath mill and agrees to his exclusion from the unit, but contends for the inclusion of the others. The Company's general manager testified that these five men supervised the movement of lumber and shook through the correct machines or into and from certain locations, but stated that they were not foremen and had no power to hire or discharge, or to recommend the hiring and discharging of employees, although they directed men in handling the machines and placing the lumber or shook into position. We find that Crowe, Henry, Hulbert, Tawney, and Maxwell are not supervisory em- ployees and that they should be included in the appropriate unit. We find that all employees of the Company at Klamath Falls, Oregon, including C. F. Crowe, J. B. Henry, I. S. Hulbert, L. R. Tawney, and J. B. Maxwell, but excluding supervisory and clerical employees and M. J. Beland, 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 collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES While the I. W. A. requests certification as exclusive bargaining agent without an election on its showing of substantial membership in the appropriate unit, the Company and the L. & S. W. question its majority representation. We find that the question which has arisen concerning the representation of employees of the Company can best be resolved by means of an election by secret ballot. The I. W. A. and the Company desire a current pay-roll date to determine eligibility to participate in the election. The L. & S. W. contends that the election should be postponed until after April 15, 1941, when the Company expects to have added a second shift of approximately 65 men in its box factory .4 We shall follow our usual practice as to the use of a current pay-roll date. We accord- ingly direct that the employees within the appropriate unit who were employed by the Company at Klamath Falls, Oregon, during the pay-roll period immediately preceding the date of this Direction a The L. & S. W. expressed no preference as to the inclusion or exclusion of these six employees. 4 The use of this shift is dependent upon the volume of demand for box shook, which in turn is determined by the fruit crops. A second shift was not employed during 1940. KESTERSON LUMBER CORPORATION 91. of Election, 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 . or absent because called for military service, but excluding those who have since quit or been discharged for cause, shall be eligible to participate in the election. 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 Kesterson Lumber Corporation, Klamath Falls, Oregon, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All the employees of the Company at Klamath Falls, Oregon, in- cluding C. F. Crowe, J. B. Henry, I. S. Hulbert, L. R. Tawney, and J. B. Maxwell, but excluding supervisory and clerical employees and M. J. Beland, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, 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 authorized by the Board to ascertain representatives for collective bargaining with Kesterson Lumber Corporation, Klamath Falls, Oregon, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Election, under the direction and supervision of the Regional Director for the Nine- teenth Region, acting in the matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all the employees of the Company at Klamath Falls, Oregon, employed during the pay-roll period im- mediately preceding the date of this Direction of Election, including C. F. Crowe, J. B. Henry, I. S. Hulbert, L. R. Tawney, J. B. Max- well, those employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then 92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or have since been temporarily laid off or absent because called for military service, but excluding supervisory and clerical employees and M. J. Beland, and also excluding employees who ^ have since quit or been discharged for cause, to determine whether they, desire to -be represented by International Woodworkers of America, Local 6-12, C. I. 0., or Lumber & Sawmill Workers Union, Local 2649, chartered by the United Brotherhood ' of Carpenters and Joiners of America, affiliated .with the American Federation of Labor, or by neither, for the purposes of collective bargaining.