Crater Lake Box and Lumber Co.

In the Matter Of CRATER LAKE BOX AND LUMBER COMPANY and LUMBER AND SAWMILL WORKERS' UNION, LOCAL No. 2705, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-2836.Decided S'epte'mber 2, 1941 Jurisdiction : lumber industry. Investigation and Certification of Representatives : existence of question: re- fusal of Company to accord union recognition until it is certified by the Board ; election necessary ; charges filed by one of the unions involved against a Company not a party to proceedings, whose tract of lumber and employees are operated and employed by Company involved held no justification for postponement of election. Unit Appropriate for Collective Bargaining : all production and maintenance employees employed by the Company in its operations at and near Sprague River, Oregon, including employees in the logging, transportation, sawmill, green yard, box factory, planing mill, and dry yard departments, and spe- cifically named individuals, but excluding temporary construction, clerical, and supervisory employees. Mr. John B. Ebinger, of Klamath Falls, Oreg., for the Company. Mr. J. G. Wolf, of Portland, Oreg., for Local No. 2705. Mr. George Brown, of Klamath Falls, Oreg., for the I. W. A. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE ' On June 9, 1941, Lumber and Sawmill Workers' Union, Local No. 2705, affiliated with the American Federation of Labor, herein called Local 2705, 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 Crater Lake Box and Lumber Company, Sprague River, Oregon, herein called the Company, and requesting an investigation and certi= fication of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 2, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 35 N. L. R. B., No. 21. 108 CRATER LAKE BOX AND LUMBER COMPANY 109 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 July 24, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, Local 2705, and International Woodworkers of America, Local No. 6-12, affiliated with the Congress of Industrial Organizations, herein called the I. W. A., a labor organization claiming. to represent employees directly affected by the investigation., Pursuant to notice, a hearing was held on August 1, 1941, at Klamath Falls, Oregon, before William A. Babcock, Jr., the Trial Examiner duly designated by the Chief Trial Examiner. The Company, Local 2705, and the I. W. A. were represented and participated in the hearing. 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 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 Crater Lake Box and Lumber Company is an Oregon corporation with its principal office at Sprague River, Oregon. It is engaged in The business of logging, manufacturing, and selling logs, lumber, and lumber products near Sprague River, Oregon. During 1940 the Company cut approximately 30 million board feet of lumber and its sales were in excess of $500,000. More than 90 per cent of these sales represented shipments of lumber to points outside the State of Oregon. , II. THE ORGANIZATIONS INVOLVED Lumber and Sawmill. Workers' Union, Local No. 2705, is a labor organization affiliated with the American Federation of Labor, admit- ting to membership employees of the Company. International Woodworkers of America, Local No. 6-12, is a labor organization affiliated with the Congress of Industrial Organi- zations, admitting to membership employees of the Company. 110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION-CONCERNING REPRESENTATION During June 1941 , Local 2705 requested recognition as the exclu- sive representative of the Company's employees. ' The Company denied this request until such time as Local 2705 is certified by the Board. Statements of a Field Examiner and the Trial Examiner, introduced in evidence at the hearing, show that Local 2705 and the 1. W. A. each represent a substantial number of employees in the alleged appropriate unit." We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON i 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 Company, Local 2705, and the I. W. A. agree that all pro- 'duction and maintenance employees of the Company in its operations at and near Sprague River, Oregon, including employees in the log- ging, transportation, sawmill, green yard, box factory, planing mill, and dry yard departments, but excluding temporary construction, clerical, and supervisory employees, constitute an appropriate unit. However, the parties disagree as to the status of five named indi- viduals. William George, Ernest W. Johnson, Carlos Seright, Silas Shep- ard, and Peter Streit appear on the pay roll of Lawrence Warehouse Company. The Company contends that these persons should be ex- cluded from the unit on the ground that they are not employed by it. Local 2705 and the I. W. A. urge that Ernest W. Johnson and Carlos Seright be excluded because they are supervisory employees and that William George, Silas Shepard, and Peter Streit be included in the unit. 1 The Field Examiner reported that Local 2705 presented an affidavit stating that 210 persons employed by the Company had signed "Certificate of Affiliation" cards In Local 2705 and that 168 of these persons -appeared on the Company's pay roll of May 31, 1941. The Trial Examiner reported that ' the I. W. A. presented application -for-membership cards and an authorization petition bearing the names of 50 persons who appear on the Company's pay roll of May 31, 1941 . There are 284 employees on this pay roll. CRATER LAKE BOX AND LUMBER COMPANY 111 The Lawrence Warehouse Company leases an area adjacent to the premises of the Company . All finished products of the Company are turned over to the Lawrence Warehouse Company, which issues ware- house receipts therefor to the Company. The employees in dispute are engaged in checking in and out the finished products of the Com- pany and also perform watchmen's duties. However, the Lawrence Warehouse Company does not have enough work to keep these per- sons employed on a full time basis and they work for the Company, under the direction of supervisory employees of the Company, when- ever they are not needed by the Lawrence Warehouse Company. Al- though their salaries are paid solely by the Lawrence Warehouse Company, the Company has an agreement with the Lawrence Ware- house Company whereby it pays a fixed sum each month to the Law- rence Warehouse Company which includes payment for the services of these persons. Under the circumstances , we find that William George, Silas Shepard, and Peter Streit should be included in the unit but that Ernest W. Johnson and Carlos Seright should be ex- cluded because of their supervisory status. We find that all production and maintenance employees employed by the Company in its operations at and near Sprague River, Oregon, including employees in the logging, transportation , sawmill, green yard, box factory, planing mill , and dry yard departments , and Wil- liam George , Silas Shepard , and Peter Streit, but excluding tem- porary construction, clerical , and supervisory 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. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by the holding of an election by secret ballot. The I. W. A. suggested that the election be postponed until such time as charges of unfair labor practices filed by it against Hosley Lumber Company, be disposed of. The Company is working a tract of timber formerly operated by Hosley Lumber Company and has in its employ persons formerly employed by that company. The charges against Hosley Lumber Company cover a period prior to the time the Company took over this tract of timber and do not involve the Company. Under the circumstances we see no sufficient justifica- tion for postponing the election . In accordance with our usual prac- tice we shall direct that the election be held as soon as possible, but not later than thirty (30) days from the date of the Direction of Election herein . We find that the employees of the Company eligible "112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to vote in the election shall be those in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction. 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 Crater Lake Box and Lumber Company, Sprague River, 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 employed by the Company in its operations at and near Sprague River, including employees in logging, transportation, sawmill, green yard, box fac- tory, planing mill, and dry yard departments, and William George, Silas Shepard, and Peter Streit, but excluding temporary construc- tion, clerical, and supervisory employees, constitute a unit appropri- ate 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 Rela- tions 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 authorized by the Board to ascertain representatives for the purpose of collective bargaining with Crater Lake Box and Lumber Company, Sprague River, Oregon, an election by secret ballot shall be conducted as soon 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 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 main- tenance employees employed by the Company in its operations at and near Sprague River, Oregon, who were employed during the pay- roll period immediately preceding the date of this Direction, includ- ing employees in the logging, transportation, sawmill, green yard, box factory, planing mill, and dry yard departments, William George, Silas Shepard, Peter Streit, and employees who did not work during such pay-roll period because they were ill or on vacation or in the CRATER LAKE BOX AND LUMBER COMPANY 113 active military service or training of the United States, or tempo- rarily laid off, but excluding temporary construction, clerical, and supervisory employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be repre- sented by Lumber and Sawmill Workers' Union, Local No. 2705, affil- iated with the American Federation of Labor, or by International Woodworkers of America, Local No. 6-12, affiliated with the Congress of Industrial Organizations, for the purposes of collective, bargain- ing, or by neither.