Algoma Lumber Co.

National Labor Relations Board - Board Decisions

Mar 31, 1941

30 N.L.R.B. 860 (N.L.R.B. 1941)

In the Matter of ALGOMA LUMBER COMPANY and LUMBER AND SAW-
MILL WORKERS UNION, LOCAL No. 2568, CHARTERED BY UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED
WITH THE A. F. OF L.
In the Matter of -ALGOMA LUMBER COMPANY and INTERNATIONAL
WOODWORKERS- OF AMERICA, LOCAL 6-241, AFFILIATED WITH THE
C. I.O.
Cases Nos . R4291 and R4290 .-Decided March 31, 1941
Jurisdiction : lumber industry. I
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; pay roll agreed to by parties which
represents period of normal operations to determine eligibility of employees
to vote; elections necessary.
Units• Appropriate for Collective Bargaining : separate elections directed to de-
termine whether (1) sawmill employees, and (2) logging camp employees
shall constitute a single unit or separate units.
Mr. R. -C. Groesbeck, of Klamath Falls, Oreg., for the Company.
Mr. L. Presley Gill, of Seattle, Wash., for Local 2568.
Mr. L. H. Fenton, of Klamath Falls, Oreg., for the I. W. A.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On November 22, 1940, and December 3, 1940, respectively, Lumber
and Sawmill Workers Union, Local No. 2568, chartered by United
Brotherhood of Carpenters and Joiners of America, affiliated with
the A. F. of L., herein called Local 2568, and International Wood-
workers of America, Local 6-241, affiliated with the C. I. 0., herein
called the I. W. A., filed with the Regional Director for the Nine-
teenth Region (Seattle, Washington)' separate petitions alleging that
questions affecting commerce had arisen concerning the representa-
tion of employees of Algoma Lumber Company, Algoma, Oregon,
herein called the Company, and requesting investigations and certi-
fications of representatives pursuant to Section 9 (c) of the National
30 N.' L. It. B., No. 122.
860
ALGOMA LUMBER COMPANY 861
Labor Relations Act, 49 Stat . 449, herein called the Act. On Decem-
ber 20, 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 Regula-
tions-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 , and, acting pursuant to Article III, Section
10 (c) (2 ), of said Rules and Regulations , ordered that the t*o
cases be consolidated.
On January 11, 1941, the Regional Director issued a notice of hear-
ing on the consolidated cases, copies of which were duly served upon
the Company , Local 2568 , and the I. W. A. Pursuant to notice, a
'hearing was held on February 3 and 4, 1941, at Klamath Falls,
Oregon, before Patrick H. Walker, the Trial,Examiner duly desig- '
nated by the Chief Trial Examiner . The Company , Local 2568,
and the I. W. 'A. were represented by counsel and participated in the
hearing. Full opportunity to be heard , to examine and cross -examine
witnesses , arid-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 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
Algoma Lumber Company is a California corporation operating a
,logging camp at Fort Klamath, Oregon, and a sawmill at Algoma,
Oregon. During the first 10 months of 1940, the Company used
approximately 36,288,950 board feet of timber ,at its sawmill at Al-
goma. All this lumber was obtained, by it from sources located
within the State of Oregon. During the same period the Company
sold finished products valued at approximately $600,000, about 95 per
cent of which represented goods sold by it to points outside the State
of Oregon . During this same period the Company sold box shook
valued at about $324,000, approximately 99 per cent of which repre-
sented sales made by it to points outside the State of Oregon. The
Company admits that it is engaged in interstate commerce within
the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Lumber and Sawmill Workers Union, Local No. 2568 , chartered
by United Brotherhood of Carpenters and Joiners of America, is
862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a labor organization affiliated with the American Federation of Labor.
It admits to membership employees at the Algoma operation of the
Company.
International Woodworkers of America, Local 6-241, is a labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership employees at the•Fort Klamath and Algoma
operations of the Company. ^
A
III. THE QUESTIONS CONCERNING REPRESENTATION
During October and November 1940, Local 2568 requested the Com-
pany to recognize it as exclusive representative of all the employees at
the Algoma operation of the Company. At about the same time,,
the I. W. A. requested the Company to recognize it as the exclusive
representative of all the employees at the Fort Klamath and Algoma
operations of the Company. The Company replied to each that be
cause of the conflicting claims of representation and different con-
tentions as to the appropriate unit, it would not recognize any labor
organization until such time as the Board determined the appropriate
unit and certified a labor organization as the exclusive representa-
tive of the employees in such unit. A statement of a Field Examiner
of the Board, introduced in evidence at the hearing, shows that Local
2568 and the I. W. A. each represent a substantial number of em-
ployees in the unit alleged by each to be appropriate." -
We find that questions have arisen concerning the 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 commerce
and the free flow of commerce.
1 The Field Examiner's statement shows that 125 employees whose names appear on the
Company's pay roll of November 13, 1940, have signed a petition authorizing Local 2563 to
represent them for collective bargaining purposes. All these signatures were obtained
between September 9 and November 7, 1940. There are approximately 240 employees on
the November 13, 1940, pay roll who are in the unit alleged by Local 2565 to be appropriate.
The Field Examiner further reported that 115 employees whose names appear on the Novem-
ber 13, 1940, pay roll have signed membership application cards in the I. W. A. It does
not appear when these cards were signed. There are approximately 325 employees in the
unit alleged by the I. W. A. to be appropriate.
ALGOMA LUMBER COMPANY
V. THE APPROPRIATE UNIT
•863
Local 2568 contends that all maintenance and production employees
at the Company's operation at Algoma , including pond and slip men
and watchmen , but excluding company-store employees , restaurant
employees , hotel and clerical employees , supervisory personnel, and
employees temporarily in the machine shop, constitute an appropriate
unit. The I . W. A. contends that all production and maintenance
employees at the Fort Klamath and Algoma operations of the Com-
pany, including pond and slip men, watchmen , company-store em-
ployees, restaurant employees , and hotel employees , but excluding
supervisory personnel and clerical employees , constitute an appro-
priate unit . The Company stated that it desired that its operations
\at Fort Klamath and Algoma be designated as a single appropriate
bargaining unit.
,As stated above, Local 2568 desires that the employees at the Com-
pany's operation at Algoma constitute an appropriate unit and the
I. W. A. and the Company contend that , the operations , at Fort
Klamath and Algoma constitute a single appropriate unit. The
Company operates a sawmill at Algoma where it employs approxi-
mately 275 employees and a logging camp at Fort Klamath, which
is located 28 miles from Algoma, where it employs about 45 em-
ployees. The timber felled at Fort Klamath is used by the Company
at the Algoma sawmill to produce various wood products . A repre-
sentative of the Company testified that the Fort Klamath operation
is considered - by the Company as one department of an entire
integrated operation and not as an independent operation. The
Company's headquarters for the Fort Klamath and Algoma opera-
tions are located at Algoma and the labor policies of both operations
are formulated at Algoma. If work ceased at Fort Klamath the
Algoma operation would have to shut down within 3 weeks and if
the Algoma operation ceased to function , the Company would then
be forced to shut down its Fort Klamath operation . The Algoma
operation operates about 1 month more annually than the Fort
Klamath operation . The Company maintains no policy of seniority
between the Fort Klamath and Algoma operations and transfers
between the two operations occur infrequently ., The base rate of
pay at Algoma is lower than that at Fort Klamath. Local 2568
admits to membership only employees at Algoma, while the I. W. A.
admits to membership employees at Fort Klamath and Algoma.
There has been no history of collective bargaining between the Com-
pany and any labor organization on behalf of the employees'at either
the Fort Klamath or Algoma operations.
Under the circumstances we find that the employees at the Algoma
operation of the Company may properly constitute an appropriate
864 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
unit, with or without the inclusion of the Fort Klamath operation,
and that the employees at the Fort Klamath operation may properly
constitute a separate appropriate unit or be merged with the em-
ployees in,the Algoma operation. - We shall, accordingly, order that
separate elections be held: (1) among the employees at the Algoma
operation of the Company, to determine whether they desire to be
represented by Local 2568, by the I. W. A., or by neither, and (2)
among the employees at the Fort Klamath operation of the Company
to determine whether or not they desire to be represented by the
I. W. A.
On the results of the elections will depend the appropriate unit
or units. If the employees at the Algcrlia and Fort Klamath opera-
tions of the Company select the same representative they will to-
gether constitute an appropriate. unit. If they "choose different
representatives they will constitute separate appropriate units 2
The parties are in disagreement as to the inclusion or exclusion of
certain classes of employees from the appropriate unit and also as
to the status of several named employees.3
F. A. Stewart appears on the Company's pay roll as foreman.
Local 2568 contends that Stewart should be excluded from the unit
on the ground that he is a supervisory employee. A representative
of the Company testified that Stewart is not a foreman but is a
master mechanic in the Company's machine shop. It appears that
Stewart actually engages in manual work and has no authority to
hire or discharge any employees. We find that Stewart should be
included in the unit.
'J. M: Ward. and F. E. Svendsen appear on the Company's pay
roll as sawmill foremen. Local 2568 urges the exclusion of these
employees from the unit on the ground that they are supervisory
employees. The record indicates that Ward and Svendsen are in
complete charge of the sawmill in the absence of- the sawmill super-,
intendent and that they have the authority to recommend the hire
or discharge of employees in the sawmill. We shall exclude Ward
and Svendsen from the unit.
J. Stortroen is classified by the Company as a lathe mill foreman.
Local 2568 contends that he should be excluded from the unit on the
ground that he is - a supervisory employee. He oversees the em=
3 Cf. Matter of Buckley Hemlock Mills , Inc., Buckley Logging Company and International
Woodworkers of America, Local No. 52, 15 N. L. R B. 498; Matter of Weyerhaeuser Timber
Company, Longview Branch and International TVorduorlers of America , Local No. 36, affil-
iated with the Congress of Industrial-Organizations et al ., 29 N L R B 571, wherein
the Board found that the woods and mill operations of the employers involved each consti-
tuted separate -appropriate units.
3 Although the I. W. A did not definitely state its position at the hearing with respect to
these employees, it indicated, by its counsel's examination, that it desired that they be
included in the unit.
ALGOMA LUMBER COMPANY 865
ployees in the lathe room and has authority to recommend their hire
or discharge. We shall exclude Stortroen from the unit.
Dick Galano is classified by the Company as an engineer. Local
2568 contends that he should be excluded from the unit on the ground
that he exercises supervisory powers. A representative of the Com-
pany testified that Galano is not a supervisory employee and does not
even have the authority to select his own helpers . He is 1iaid on an
hourly basis the same as the other employees of the Company. We
find that Galano should be included in the unit.
A.- R. Trewartha appears on the Company 's pay roll as shipper.
Local 2568 contends that he should be excluded from the unit be-
cause in the absence of the foreman of the box factory Trewartha
acts in that capacity . Although Trewartha does substitute for the
foreman of the box factory, the foreman is- not absent more than
2 or 3 weeks annually and the balance of the time Trewartha actually
works as a shipper. We find that he should be included in, the unit.
Melvin Felland appears on the Company 's'pay roll as tram-repair
foreman. Local 2568 contends that he should be excluded from the
unit because he exercises supervision over the employees in the tram-
repair crew and can recommend their hire or discharge . A repre-
sentative of the Company testified ` that the designation of Felland
as foreman on the pay roll was an error and that he has no-super-
visory powers whatsoever. An employee, of the Company testified
that although he has been employed on the tram-repair crew Felland
has never supervised his work. We find that Felland _ should be
included in the unit.
C. R. Keeling and Hugh Regnito appear on the Company 's payroll '
as dry-kiln operators . Local 2568 seeks their exclusion from the unit
on the ground that they are supervisory employees . The Company
contends that these men have no authority to recommend the hire
or discharge of employees and merely watch schedules to see that
lumber remains in the kilns the proper length of time. The record
indicates that at' the most Keeling and Regnito instruct the other
employees as to when they want the lumber put in or taken out of the
kilns. We shall include them in the unit.
A. Lenaers appears on the Company's pay roll as "grade." Local
2568 contends that he should be excluded from the unit because he is
a supervisory employee. It appears from the record that he is in
charge of the planing mill at'night and a representative of the Com-
pany testified that Lenaers is a supervisor . We shall exclude him
from the unit.
Don Turner appears on the • Company 's pay roll as planing fore-
man. Local 2568 seeks his exclusion- from the unit . Turner is in
charge of the machines in the planing room and a representative of
866 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
the Company testified that although Turner is a working foreman
he has authority to hire and discharge employees. We shall exclude
Turner from the unit.
- W. D. Debow is classified by the Company as "filer." Local 2568
contends that he should be excluded from the unit because he super-
vises the work of his helper. Debow is a highly skilled employee, is
actually engaged in manual work himself, and is the only employee
at the mill performing saw filing. Although he instructs his helper,
it appears that it is merely the ordinary relationship between an em-
ployee and helper. We shall include Debow in the unit.
John Favero appears on the Company's pay roll as "inventory and
miscellaneous." Local 2568 contends that he should be excluded from
the unit on the ground that his problems are similar to those of the
office employees whom all the parties agreed to exclude. Favero per-
forms time studies, works in the office of the Company, and is an in-
,ventory clerk. Approximately 20 per cent of his time is spent in
the office doing clerical work, and the remainder of his time is spent
in the yard and mills of the Company checking inventory. Since his
duties are mostly of a clerical nature we shall exclude Favero from the
unit. I -
A. T. Hayes appears on the Company's pay roll as carpenter.
Local 2568 seeks his exclusion from the unit on the ground that he is a
supervisory employee. A representative of the Company testified
that Hayes is a foreman, has authority to recommend the hire and
discharge of employees, and has a crew of between three and seven
employees -working under his direction. We shall exclude Hayes
from the unit.
In connection with its operations at Algoma, the Company operates
a retail store, a hotel, a restaurant, and a library. These enterprises
are for the convenience of its employees but are also patronized
by persons not employed by the,Company. Local 2568 seeks to ex-
clude all, the employees working in these enterprises on the ground
that their duties bear no similarity to that of the production and
maintenance employees of the Company, that they are not inter-
changeable with such employees, and that it, as a labor organization,
is not equipped to handle the problems of ' these employees. The
1I. W. A. seeks-to have all of these employees included in the unit. All
these employees are engaged purely in work in connection with the
above enumerated enterprises of the Company. We find that they
should be excluded from the unit.
The Company employs between three and seven carpenters, depend-
ing on the season of the year. These employees build new equipment
for the Company and also keep in repair Company-owned employees'
homes. Local 2568 desires that these employees be excluded from the
k
ALGOMA LUMBER COMPANY 867
unit because it contends their duties bear no similarity to the duties
of the production and maintenance employees. We find that the
carpenters should be excluded from the unit.
George McGowan appears on the Company's pay roll as "bull
buck." It appears from the evidence that McGowan is in complete
charge of the fallers and buckers crew working at the Fort Klamath
operation of the Company and supervises their work. We find that
McGowan should be excluded from the unit.
Ruby Smith appears on the Company's pay roll as cook. She is in
complete charge of the Company's cook house at,its Fort Klamath
operation and has the power to recommend the hire or discharge of
the employees working in the cook house. We find that she should
be excluded from the unit.
The Company has on its pay roll a person designated as a scaler.
This person works for the Company and the independent contractors
with whom the Company does business and receives his compensation
from these sources. The Company has no control over his work.
We find that he should be excluded from the unit.
During the winter months, four of the Fort Klamath operation
employees work in the machine shop at the Algoma operation. Local
2568 seeks to have them excluded from the unit. It appears that these
employees are caterpillar drivers and mechanics working in the w6ods
at Fort Klamath but that when that operation is shut down these
employees recondition the equipment with which they work in the
machine shop at Algoma. -We find that these employees should vote
with the employees at the Fort Klamath operation in the election to
be directed hereinafter.
We find that all maintenance and production employees at the Al-
goma operation of-the Company, including pond and slip lnen' and
watchmen, but excluding company-store, 'restaurant and hotel em-
ployees, carpenters, clerical employees, and supervisory personnel, may
properly constitute a unit appropriate for the purposes of collective
bargaining which would insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act. As indicated
above, employees at the Fort Klamath operation of the Company may
or may not be included within such unit, depending on the results of
an election which we shall order. We shall, therefore, make no final
determination of the appropriate unit or units pending the election
to be conducted among the, Fort Klamath operation employees. ,
VI. THE DETERMINATION OF REPRESENTATIVES
We have heretofore decided that separate elections shall be held to
determine the collective bargaining representatives for the employees
440135-42-Vol. 30-56
868 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Company. The parties agreed at the hearing that in the
event the Board directed an election eligibility to vote should be deter
mined by a pay roll of the Company for the period immediately fol,
lowing April 1, 1941, at which time the Company will have resumed
normal operations. We find that the employees *eligible to vote in
the elections- shall be those employees who are employed during the
pay-roll period immediately following April 1, 1941, subject to such
limitations and additions as are set forth in the Direction hereinafter.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
Questions affecting commerce have arisen concerning the represen-
tation of employees of Algoma Lumber Company, Algoma, Oregon,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the' National Labor Relations 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, 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 investigations authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Algoma Lumber Company, Algoma, Oregon, elections by secret
ballot shall be conducted within sixty (60) days from the date of this
Direction, under the direction and supervision of the Regional Direct
tor 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 : -
1. Among all maintenance and production employees at the Algoma
operation of the Company who were employed during the pay-roll
period immediately following April 1, 1941, including pond and slip
men, watchmen, 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 tem-
porarily laid off, but excluding company-store, restaurant, and hotel
employees; clerical employees, carpenters, supervisory personnel, and
employees who have since quit or been discharged for cause, to deter=
mine whether they desire to be represented by Lumber and Sawmill
Workers Union, Local No. 2568, chartered by United Brotherhood
of Carpenters and Joiners of America, affiliated with the American
ALGOMA LUMBER COMPANY 869
Federation of Labor, or by International Woodworkers of America,
Local 6-241, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining, or by neither ; and
2. Among all production and maintenance employees at the Fort
Klamath operation of the Company who were employed during the
pay-roll period immediately following April 1, 1941, including watch-
men, 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 supervisory and clerical employees and, employees who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by International Woodworkers of
America, Local 6-241, affiliated with the Congress of Industrial Or-
ganizations , for the purposes of collective bargaining.
MR. EDWIN S. SMITH, dissenting in part :
As pointed out by the majority, the Company's logging camps at
Fort Klamath and its sawmill at Algoma are operated by it as a single
integrated operation. Both unions here involved are industrial in
scope. The I. W. A. admits to membership the numerous different
crafts in both the sawmill and the logging camp and Local 2568 admits
to membership the various crafts within the sawmill. Under the form
of organization practiced by both unions there is no reason why,fhe
employees at the logging camp and the employees at the mill cannot
constitute a single appropriate unit despite some differences in their
conditions of work.
For the reasons expressed by the Board in the Donovan case 4 and in
my dissent in the Buckley Hemlock case,5 I would hold that the sawmill
workers and logging employees of the Company comprise a single
appropriate unit.
4 Matter of Donovan Lumber Company and International Woodworkers of America, Local
No 2, et at, 10 N L. R B 634.
5 Matter of Buckley Hemlock , Inc, Buckley Logging Company and International Wood-
worl. ers of America, Local No. 52, 15 N. L. R. B. 498. See also my dissent in Matter of
Schafer Brothers Lumber it Shingle Company, Division of Schafer Brothers Logging Com-
pany and Sawmill Workers Union, Local No. 2782, chartered by United Brotherhood of
Carpenters and Joiners of Ames ica, A F of L., 23 N L R B 1104