Row River Lumber Co.

In the Matter of Row RIVER LUMBER COMPANY and LOCAL No. 2627,. LUMBER AND SAWMILL WORKERS, CHARTERED BY THE UNITED BROTH- ERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR and LOCAL No. 76, DISTRICT 1,. INDUSTRIAL EMPLOYEES UNION, INC. In the Matter of Row RIVER LUMBER COMPANY and LOCAL UNION No- 5-248, INTERNATIONAL WOODWORKERS OF AMERICA, AFFILIATED WITH.' THE C. I. O. Cases Nos. RE-19 and R-2210.-Decided March 11, 1941 Jurisdiction : lumber industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatires ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees of the Company at its mill and logging operations, including em- ployees engaged in construction work, but excluding mill, yard , planing mill and woods superintendents, the bull buck, the hook tender, and office employees- Mr. William A. Babcock, Jr., for the Board. Mr. Philip Chipman, of Portland, Oreg., for the Company. Mr. W. C. Funk, of Eugene, Oreg., for the I. W. A. ' Mr. Homer L. Haney, of Cottage Grove, Oreg., for the Lumber and Sawmill Workers. I Cllr. J. G. Wolf, of Portland, Oreg., for the I. E. U. Mr. Bertram Diamond, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 22, 1940, Row River Lumber Company, Dorena, Ore- gon, herein called the Company, and on November 29, 1940, Local Union No. 5-248, International Woodworkers of America, affiliated with the Congress of Industrial Organizations,' herein called the. I. W. A., respectively filed with the Regional Director for the Nine- 1 Designated in formal papers preceding the hearing as Local Union #248, International Woodworkers of America, affiliated with the C. I. O. 30 N. L R. B., No. 31. 232 ROW RIVER LUMBER COMPANY 233' teenth Region (Seattle, Washington), separate petitions, each alleg- ing that a question affecting commerce had arisen concerning the representation of employees of the Company employed at its sawmill and logging operations centered in Dorena, Oregon, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 4, 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 on due notice; and, pur- suant to Article III, Section 10 (c) (2) of said Rules and Regula- tions, ordered that the two cases be consolidated for the purposes of the hearing. On December 4, 1940, the Regional Director issued a consolidated notice of hearing in the two cases, copies of which were duly served upon the Company and the I. W. A., the petitioners herein, and upon Local No..2627, Lumber and Sawmill Workers, chartered by the United Brotherhood of Carpenters and Joiners of `America, affiliated with the American Federation of Labor, herein called the Lumber and Sawmill Workers, and Local No. 76, District 1, Indus- trial Employees' Union, Inc., chartered by the Industrial Employees' Union, Inc., herein called the I. E. U., -labor organizations claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held at Eugene, Oregon, on December 16, 1940, before Thomas S. Wilson, the Trial Examiner duly designated by the Board. All parties were represented by counsel or by official representative and participated in the hear-ing. Full opportunity to be heard, to examine and cross-examine wit- nesses, 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 and on 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 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 Row River Lumber Company is an Oregon corporation with prin- cipal offices at Portland, Oregon. It is engaged. in the business of 234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD logging and of manufacturing lumber and lumber products at, and in the vicinity of Dorena, Oregon. The logs produced at the logging operations, which are located about 6 miles from the sawmill, are transported by truck to the sawmill, where they are cut into lumber. From August 15, 1940, when the Company commenced production operations, to and including November •1940,}the Company 'has,pro- duced and sold about 4,150,000 feet of lumber, valued at $75,000. About 95% of such lumber was shipped to purchasers outside the State of Oregon. H. THE ORGANIZATIONS INVOLVED International Woodworkers of America, Local No. 5-248, is a labor organization affiliated with the Congress of Industrial Organizations. Lumber and Sawmill Workers Union, Local No. 2627, chartered by the United Brotherhood of Carpenters and Joiners of - Americ t, is a labor organization, affiliated with the American Federation of Labor. Industrial Employees' Union, Inc., Local No. 76, District, 1, is a labor, organization ',,chartered by,the industrial , Employees' Union,,Inc. The three, labor organizations admit to membership production and maintenance employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Lumber and Sawmill Workers by letter of September 7, 1940, the I. E. U. by letter of October 10, 1940, and the I. W. A. by letter of November 20, 1940, each notified the Company of its claim to represent' a majority of the Company's employees and requested the Company to recognize it as the exclusive bargaining agent for such employees. The Company declined to recognize or bargain with any of these organizations on the ground that there was a dispute as to which of them, if any, had been designated as collective bargaining representative by the majority of its employees. There was introduced in evidence a statement by a Field Examiner for the Board showing that each of the organizations involved repre- sents a substantial number of employees in the unit herein found appropriate.2 'According to the statement the Company 's pay roll for October 22 , 1940, showed about 116 employees in the appropriate unit. The Lumber and Sawmill workers submitted 37 authorization cards and 32 membership cards, bearing what appeared to be genuine original signatures . The authorization cards were dated from August 20 to October 4, 1940 ; inclusive. The membership cards were dated from August 30, 1939, to June 28, 1940 , inclusive, with the exception of one which ROW RIVER LUMBER COMPANY 235, 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 All the parties agreed upon including within the unit all produc- tion and maintenance employees of the Company, including em- ployees engaged in construction work, at its mill and logging opera- tions in the vicinity of Dorena, Oregon. There was also agreement, among them upon the exclusion of the mill, yard, planing mill and woods superintendents, and of office employees. The three labor organizations agreed upon the exclusion of the bull buck and the hook tender, who, the , record shows, give orders to ordinary em- ployees and have power to recommend hire and discharge. The Company took no position on their inclusion or exclusion. We find that all production and maintenance employees of the Company at its mill and logging operations in the vicinity of Dorena, Oregon, including employees engaged in construction work, but, ex- cluding mill, yard, planing mill and woods superintendents, the bull buck,,the-'hook,,tender,, and office, employees,, constitute a unit appro- priate' for the purposes of collective bargaining, and that such 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. was dated June 1, 1935. Of the 69 cards submitted , 54 bore names appearing on the pay roll for October 22, 1940. The I. E. U. submitted 64 application cards bearing what appeared to be genuine original signatures The cards 'were dated between July 16, 1940, and October 29, 1940 On them appeared 58 names which were also on the pay roll for October 22, 1940. The I. W. A. submitted 39 membership cards bearing what appeared to be genuine origi- nal signatures The cards were dated from October 22, 1940, to November 1, 1940. On the cards were 38 names which also appeared on the pay roll for October 22, 1940 The names of 9 persons appear on cards submitted by all three organizations. 'The names of 7 appear on cards both of the Lumber and Sawmill Workers and the I. E U. The names of 16 appear on cards both of the Lumber and Sawmill Workers and the I W. A. The names of 16 appear on cards both of the I. E. U. and the I. W. A. 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VI. THE DETERMINATION OF REPRESENTATIVES The question concerning representation which has arisen can best be resolved by, and we shall accordingly direct, an election by secret ballot. Although it had agreed to the unit found above, the I. E. U. ques- tioned the eligibility to vote of employees engaged in ' construction work. The pay-roll - list for November 30, 1940; shows about 10 such employees. The number varies according to the weather. Some of the construction workers were hired to their present occupation;' others 'were transferred to it from other operations. When it is necessary, construction workers do other work. Construction at the sawmill is expected to continue indefinitely. We find that construc- tion workers are entitled to participate in the election. We shall direct that those eligible to vote in the election shall be the employees in the appropriate unit who are employed by the Company during the pay-roll period immediately preceding the date of our Direction of Election herein, with such limitations as are set forth in the Direction. In a previous decision the Board found the Industrial Employees' Union, Inc., to be employer dominated and, because of the inter- dependence of that organization and its locals, also found "each of its component parts . . . employer dominated." 3 The present record does not adequately disclose the relationship between the I. E. U. and its parent organization. Neither the I. W. A. nor the Lumber and Sawmill Workers has objected to participation by the I. E. , U. in the hearing or the election. It does not appear.that, the I. E. U. had sufficient notice that it might not be placed on the ballot because of its connection with the Industrial Employees' Union, Inc. For the foregoing reasons we shall direct .that its name appear on the ballot. 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 Row River Lumber Company, Dorena, Oregon, 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 at its mill and logging operations in the, vicinity of Dorena, Oregon, sMatter of McGoldrick Lumber Company, et al and Lumber and Sawmill Workers Union, etc., 19 N. L. It. B. 887. ROW RIVER LUMBER COMPANY 237 including employees engaged in construction work, but excluding mill, yard, planing mill and woods superintendents, the bull buck, the hook tender, and office employees, 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 a^d 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 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 the purposes of collective bargaining with Row River Lumber Company, Dorena, Oregon, an election by secret ballot shall be conducted as early as possible but not later than sixty (60) days from the date of this Direction of Election, under the 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, among all production and maintenance employees employed by the Company at its mill and logging operations in the vicinity of Dorena, Oregon, during the pay-roll period immediately preceding the date of this Direction of Election, including employees engaged in con- struction work, employees who did not work during such pay-roll period because they were ill or on vacation, or absent because called for military service, and employees who were then or have since been temporarily laid off, but excluding mill, yard, planing mill and woods superintendents, the bull buck, the hook tender, office employees and those who have since quit or been discharged for cause, to deter- mine whether they desire to be represented by Local Union No. 5-248, International Woodworkers of, America, affiliated with the C. I. 0., Local No. 2627 Lumber and Sawmill Workers, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, or Local No. 76, District 1, Industrial Employees' Union, Inc., or by none of them.