Big Lakes Box Co.

In the Matter of BIG LAKES Box COMPANY and LUMBER AND SAW- MILL WORKERS, LOCAL 2824, CHARTERED BY THE UNITED BROTHER-, HOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE A. F. OF L. Case No. R-2260.-Decided April 201, 1941 Jurisdiction : lumber industry. Investigation and Certification of Representatives : existence of question: dis- pute as to appropriate unit; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees of the Company at its sawmill, lumber yard, and shipping depart- ment at Canby, California, including a'specifically named employee, but'ex- eluding supervisory employees having the right to hire and discharge or to recommend hiring and discharging employees and all clerical employees. Mr. John B. Ebinger, of Klamath Falls, Oreg., for the Company. Mr. J. Presley Gill, of Seattle, Wash., and Mr. J; D. Boyd, of Kla- math Falls, Oreg., for the Lumber and Sawmill Workers. Mr. J. F. Clark, of Klamath Falls, Oreg., for the I. W. A. Mr. Daniel J. Harrington, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 22, 1940, Lumber and Sawmill Workers, Local 2824, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the A. F. of L., herein called the Lumber and Sawmill Workers, filed with the Regional Director for the Twentieth Region (San' Francisco, California) a petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Big Lakes Box Company, Canby, California, 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 December 14, 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 31 N. L R B , No. 41. 271 0 272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Director to conduct it and to provide for an appropriate hearing upon due notice. - On December 31, 1940, and January 4, 1941, respectively, the Regional Directoruissued a notice of hearing and a notice of postpone- ment of hearing, copies of which were duly served upon the Company and upon the Lumber and Sawmill Workers. Pursuant to notice, a hearing was held on January 17 and 18, 1941, at Klamath Falls, Oregon, before Earle K. Shawe, the Trial Examiner duly designated by the 'Chief Trial Examiner. At the hearing International Wood- workers of - America, Local 6-12, affiliated with the C. I. 0., herein called the I. W. A., a labor organization claiming to represent employees directly affected by the investigation, moved to intervene in the case. The motion to intervene was granted by the Trial Examiner. The Company, the Lumber and Sawmill Workers, and the I. W. A. were represented at and participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing upon 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 Ex- aminer 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 Big Lakes Box Company is an Oregon corporation with its prin- cipal office and place of business in Klamath Falls, Oregon. It is engaged in the manufacture and sale of lumber and lumber products. In connection with its business the Company maintains and operates a sawmill, dry kilns, planing mill, and box factory at Klamath Falls and a sawmill, lumber yard, and shipping department at or near Canby, California. It also conducts logging operations at its timber holdings about 10 miles distant from Canby and operates a railroad connecting the timber holdings with the Canby plant and the Southern Pacific Railroad. During 1939 and 1940 the Company produced at its Klamath Falls plant approximately 60,000,000 board feet of lumber, valued at about $1,750,000, approximately 95 per cent of which was shipped to destinations outside the State of Oregon. During the same period the Company cut and logged from its timber holdings near Canby approximately 50,000,000 board feet of logs, valued at about $500,000 of which approximately 37,000,000 board feet, valued at about $370,000, were shipped by the Company to desti- BIG LAKES BOX COMPANY. 273 nations outside the State of California. The remaining 13,000,000 board feet, valued at about $130,000, were processed at the Company's Canby plant. After processing, approximately 12,000,000 board feet of lumber, valued at about $192,000, was shipped by the Company from the Canby plant to destinations outside the State of California. The Company concedes, for purposes of this proceeding, that its business and operations affect commerce, within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED Lumber and Sawmill Workers, Local 2824, chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the A. F. of L., is a labor organization admitting to membership employees of the Company at its Canby plant. International Woodworkers of America, Local 6-12, affiliated "with the C. I. 0., is a labor organization admitting to membership persons employed at the Canby plant, the timber holdings near Canby, and the railroad. III. THE QUESTION CONCERNING REPRESENTATION 'On or about July 16, 1940, the Lumber and Sawmill Workers notified the Company in writing that it had been designated by a majority of the employees in the Canby plant as their collective bar- gaining representative and requested a conference with the Company for the purpose of collective bargaining. Thereafter conferences were held between the Company and the Lumber and Sawmill Work- ers, but they were unable to agree upon a unit appropriate for the purposes of collective bargaining. At the hearing there was introduced in evidence a report of the Regional Director which shows that the Lumber and Sawmill Work- ers represents a substantial number of employees in the unit here- inbelow found to be appropriate for the purposes of collective bargaining." 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 i The Regional Director reported that the Lumber and Sawmill workers submitted to him lists containing the names of 64 persons who had signed authorization cards in May, June,- and July 1940 , designating that organization as their collective bargaining representative and that 58 of the 64 names appeared on a pay roll of the Company of July 15 , 1940, con- taining the names of 96 employees in the Canby plant. 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Lumber and Sawmill Workers claims that the appropriate unit for the purposes of collective bargaining is one composed of all production and maintenance employees in the, Company's sawmill, lumber yard, and shipping department at Canby, excluding super- visory employees with the right to hire and discharge or to recommend hiring and discharging employees and, all clerical employees. The I. W. A. claims that all production and maintenance employees in/the sawmill, lumber yard, and shipping department at Canby, and all woods employees, including railroad employees, excluding the above-mentioned supervisory and clerical employees, constitute a sin- gle appropriate bargaining unit. The Company contends that employees at its sawmill, lumber yard, and shipping department at Canby, its woods operations, and its Klamath Falls operations, excluding the above-mentioned supervisory and clerical employees, constitute a single appropriate bargaining unit, or, in the alternative, that its employees at the sawmill, lumber yard, and shipping department 'at Canby and its woods employees constitute one appropriate unit and its employees at the Klamath Falls operations another appropriate unit. While both the Canby plant and the Klamath Falls mill are, de- pendent upon the Company's woods operations for their supplies of logs, the Canby plant, the Klamath Falls mill, and the woods open, tions are each under separate supervision. There is generally no transfer of employees between the Canby plant and the woods opera- tions and an employee does not acquire seniority at both places by virtue of employment at one of them. The I. W. A., which seeks a unit composed of the employees at the Canby plant as well as those in the woods, represents no employees at the plant and but a small number of those in the woods.2 The Lumber and Sawmill Workers, which has petitioned for the Canby plant unit and which represents a substantial number of employees at that plant, admits to membership only employees at that. plant and has organized no other employees of the Company. At the i 2 From a statement made' by the Trial Exarihiner at the hearing , it appears that the I W. A. submitted to him 31 membership application cards, 18 of which bore names of per- sons appearing on the Company 's pay roll of July 15, 1940, which contained the names of 108 employees,in the woods BIG LAKES BOX COMPANY 275 Canby plant the Company employs about 96 employees, and in the `woods about 108. The Lumber and Sawmill Workers is thus the only labor organization involved which represents a substantial num- ber of employees in a unit, claimed to be appropriate. Under the circumstances we find that employees in the Canby plant constitute a unit appropriate for the purposes of collective bargaining. The two labor organizations disagree as to the inclusion of William Fischer in the unit. Fischer and Charles Johnson, a superintendent, are not' on the Company's pay roll but are employees of the Lawrence Warehouse Company, which keeps in custody lumber of the Company as collateral for loans and leases from the Company the property where this lumber is stored. In order to conform to the "warehouse law" the Lawrence Warehouse Company must have its own employees in charge of the collateral. Fischer is hired and paid by the, Ware- house Company and is under its control in the performance of his duties. However, he spends about half his working time working for the Company and while performing such work is under the Com- pany's control. In Johnson's absence Fischer takes his place, since there -must always be someone present representing the Warehouse Company, but exercises-no supervision except to follow orders issued to him by Johnson. Fischer has no power to hire or discharge or to recommend hiring or discharging. His wages are approximately the same as those of other employees at the Canby plant. The Lum- ber and Sawmill Workers contends that, since Fischer works under the supervision of the Company part of the time, he should be in- cluded within the unit. The Company does not oppose this conten- tion. We shall include Fischer within the unit. We find that all production and maintenance' employees of the Company at its sawmill, lumber yard, and shipping department at Canby, California, including William Fischer, but excluding super- visory employees having the right to hire and discharge or to recommend hiring and discharging employees 3 and all clerical em- ployees, constitute a unit appropriate for the purposes of collective bargaining and, that such unit will insure to employees of the, Com- pany the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. 171. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an 3 At the hearing all the parties agreed to the exclusion of certain named supervisory employees as being within this classification They are as follows , Elbert McNew,- super- intendent : C M. Hereyford , night foreman ; Charles Johnson,'general superintendent of the yard ; and Louis Larson, head piling contractor. 441843-42-vol. 31-19 276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD election by secret ballot. Inasmuch as the I. W. A. has not shown that it represents any employees in the unit which we have found to be appropriate, we shall make no provision for the designation of that organization on the ballot. The Canby plant is operated seasonally from March or April to September or October of each year. At the time of the hearing the Company expected to resume operations in April 1941. The Lumber and Sawmill Workers desires that the election should be held in the latter part of April while the Company desires that the election be held at such time as there is a full day and night crew employed. There is no certainty that a night crew will be employed at any time during the 1941 season. From the record as a whole it appears that normal production at the Canby plant is obtained by the end of April. We will not, therefore,'postpone the election. The Lumber and Sawmill Workers contends that eligibility to vote in the election should be determined as of September 15, 1940. The Company, on the other hand, claims that the pay roll current at the time of the election should be used in determining eligibility. It appears that the 'Company makes a practice of hiring the same em- ployees from season to season and approximately 50 per cent of its employees reside permanently in the locality of Canby. No reason appears for determining eligibility to vote by a pay roll as remote as that of September 1940. As stated above, it appears that April is a normal production month at the Canby plant and the pay roll for that month appears to be a representative one. We are of the opinion that in determining eligibility to vote 'in the election, use of the current pay roll of the. Company will best effectuate the policies of the Act. We shall, therefore, direct that the employees of the Company eligible to vote in*the election shall be those in the appro- priate unit who were employed during the pay-roll period immedi- ately preceding the date of our Direction of Election herein, subject to such limitations and additions as are set forth in the Direction of 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 Big - Lakes Box Company, Canby, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company at its sawmill,, lumber yard, and shipping department at Canby, Cali- fornia, including William Fischer, but excluding supervisory em- BIG LAKES BOX COMPANY 277 ployees having the right to hire and discharge or to recommend hiring and discharging employees and all clerical employees, consti- tute 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 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 Big Lakes Box Company, Canby, California, 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 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 production and maintenance em- ployees of Big Lakes Box Company at its sawmill, lumber yard, and shipping department at Canby, California, who were employed by the Company during the pay-roll period immediately preceding the date of this Direction, including William Fischer and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding supervisory employees having the right to hire and discharge or to recommend hiring and discharging employees, all clerical employees, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Lumber and Sawmill Workers, Local 2824, chartered by the United Brotherhood of Carpenters and Join- ers of America, affiliated with the A. F. of L., for the purposes of collective largaining.