Bay De Noquet Co.

National Labor Relations Board - Board Decisions

Oct 15, 1942

44 N.L.R.B. 1220 (N.L.R.B. 1942)

I
In the Matter of BAY DE N OQUET COMPANY, NAHMA, MICHIGAN and
TIMBER & SAWMILL WORKERS UNION, LOCAL 15, I. W. A., C. I. O.
Case No. R-3555-Decided October 15, 194
Jurisdiction : lumbering industry
Investigation and Certification of Representatives : existence of question: ques-,
tiori `concerning representation field, to exist when petitioner was found to
have made proper request for recognition, and to have made a sufficient
showing even without including in count designations which Company con-
tended had been illegally obtained; election necessary.
Unit Appropriate for Collective Bargaining : all employees engaged in logging
operations at one of Company' s camps, including employees engaged in
auxiliary operations, but excluding supervisory and clerical employees, and
train crews.
Mr. Lynn W. Bemmn and Mr. Charles E. Good, of Chicago, Ill.,
and A. T. Mercier, of Nahma, Mich., for the Company.
Mr. Earl Johnson, of Ironwood, Mich., for the Union.
Mr. George J. Hadjinoff, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 13, 1942, Timber & Sawmill Workers Union, Local
15, I. W. A., C. I. 0., herein called the Union, filed with the Regional
Director for the Twelfth Region (Milwaukee, Wisconsin) a petition
alleging that a question, affecting commerce had arisen concerning
the representation of employees of Bay de Noquet Company, Nahma,
Michigan, herein called the -Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On February 4, 1942, 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.
44 N. L. R. B., No. 231.
1220
BAY DE NOQUET COMPANY 1221
On February 6, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on February 17,
1942, before Frederick P. Mett, the Trial -Examiner duly designated
by the Chief Trial Examiner. The Company and the Union ap-
peared by their representatives 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'
rulings on objections to the admission of evidence. The Board has
reviewed the rulings of the Trial Examiner and finds that no prej-,
udicial errors were' committed. The rulings are hereby affirmed.
Upon the entire record in the, case, the Board makes the following :
FINDINGS OF FACT
J. THE BUSINESS OF THE COMPANY -
Bay de Noquet Company, a Michigan corporation with the main
office at Nahma, Michigan, is engaged in the manufacture, sale,, and
distribution of lumber and forest products. At Nahma , Michigan,
the Company maintains its sawmills, ' plants, and shipping facilities.
In the vicinity of Nahma, Michigan, the Company operates its Camp
30 where it is engaged in logging operations. Approximately 60 per-
cent of the'Company's lumber and other products produced annually
are shipped to points outside the State of Michigan. About 33 per-
cent of the materials and supplies used by the Company in connection
with its operations are shipped to it from points outside the State of
Michigan. The Company employs more than 120 persons. The Com-
pany admits that it is engaged in commerce within the meaning
of the Act.
H. THE ORGANIZATION INVOLVED
Timber & Sawmill Workers Union, Local 15, is a labor organization'
affiliated with the International Woodworkers of America and
through it, with the Congress of Industrial Organizations. It admits
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has failed to recognize or negotiate with the Union
as exclusive 'bargaining agent, of the Company's employees at its
Camp 30. The Company contends that the Union has never requested
recognition and, therefore, that no question concerning representa-'
tion has arisen. The record indicates, however,' that a few days prior
to the filing of the petition the president of the Union requested
1222 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
recognition 'of the Company 's woods superintendent and the manager
of its plant at 'Nahma, although no such request was made to the
Company's director of labor relations . We find that the Company
was, apprised of the claim of the Union to represent a majority of its
employees:'
A report of the Regional Director , introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees ' in the unit hereinafter found to be appropriate.2 It is
contended by the Company that the Union 's showing of designations
is insufficient to give rise to a question concerning representation be-
cause a' majority of the Union 's designations were obtained in an
allegedly illegal manner by coercion and by violation of an agreement
between the Company and the Union .3 We are , however, convniced
by the evidence adduced at the hearing that no coercion in fact
occurred 4 and that no agreement between the Company and the
Union was violated in obtaining the designations .5 Furthermore, the
Union has made a sufficient showing of membership and designations
among employees in•the appropriate unit to warrant an election even
'For several years prior to the filing of the petition , the Union was unsuccessfully
attempting to secure such recognition and the Company was well aware of its efforts.
The Union was the only labor organization admitting to membership employees at the
camp.
3 The Regional Director reported that the Union submitted 88 application -for-member-
ship cards , of which 64 were dated January 8 , 1942, 20 were undated , and 4 were disre-
garded because they were duplicates of others ; and that 50 of the cards bearing apparently
genuine signatures,, contained the names of persons listed on the Company 's pay roll for
February 2, 1942 • There are approximately 120 persons in the unit hereinafter found to
be appropriate.
3 The agreement alleged to have been violated by the • Union was never consummated.
When concluded it was to govern admission to the Company's camps of reps esentat Ives
of labor organizations in accordance with the principles set forth in'the decision of the
Boaid in Matter of Weileihaeuser Timber Company and International Woodworkers of
America, 31 N L R. B 258. The Company and the Union , however , did not come to an
understanding with regard to the precise terms of such agreement
4In support of this contention the Company introduced evidence indicating that the
Deputy Inspector of the Department of Labor and Industry of the State of Michigan was
active in distributing application cards among the employees at the camp and in urging
them to sign the cards and to join the Union and that when employees refused, he
insisted on taking their names . This evidence was contradicted by Earl Johnson, the
president of the Union , who testified that - to his knowledge the Deputy State Inspector
was given , no union application cards and did not distribute them to employees We need
not determine whether the Deputy Inspector in fact participated in the solicitation, for
the testimony indicates that it amounted to no more than oral persuasion Cf. Matter of
Dahlstrom Metallic Door Company, et al - and United Electrical, Radio R Machine
Workers of Ameitea , 11 N. L R • B 408 enf'd in 112 F ( 2d) 756 (C C A 2)
5It appears that 64 of the application cards submitted by the Union to the Regional
Director were procured by the Union at a meeting held at the camp on January 8; 1942 ,
Admission to the camp was obtained and the meeting was held in violation of the Com-
panv's visitors ' rules . The "Visitors Rules" posted by the Company on its premises at
Camp 30 were rules adopted by the Company without consultation with or assent of the
Union In gaining admission for the camp and organizing the meeting the union repre-
sentatives were assisted by a Deputy Inspector of the Department of Labor and Industry
of the State of Michigan We find that these circumstances do not affect the probative
value of the designations as evidence of the Union's membership among employees of the
camp. ,
BAY DE NOQUET COMPANY, 1223
if we should disregard the designations obtained in an allegedly
illegal manner.° ..r
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 Union contends that all employees engaged in logging opera-
tions at Camp 30 and at any other camps operated by the Company
in the counties of Alger and Delta, including employees engaged in
auxiliary operations, but excluding supervisory and clerical employees
and train crews, constitute an appropriate unit for the purposes of
collective bargaining. At the hearing the Union limited its proof
with respect to the appropriateness of the unit to the employees at
Camp 30. The record shows, moreover, that Camp 30 is the only
camp which the Company operates at present in the vicinity of Nahma,
Michigan.
The record indicates that Camp 30 constitutes a completely inte-
grated unit in the Company's operations, and that its employees have
that community of interest based upon their qualifications, experience,
and working'conditions which segregates them from other employees
of the Company engaged at Nahma in the sawmill, planing mill, and
at its shipping facilities.7.
The Company does not dispute the appropriateness of the proposed
unit as confined to the employes at Camp 30, except that in its opinion
foremen, supervisory and clerical employees should also,be included.
In addition to 64 cards dated January 8 , 1942 , which the Company alleges were ob-
tained illegally , the Union submitted to the Regional Director 20 undated application
cards which the president of I the Union testified were signed subsequent to January. 8,
1942. The Company did not contest the competence of these cards It further appears,
and we find, upon the basis of uncontradicted testimony of the Union ' s president, that
prior to January 8, 1942, the Union had a considerable membership among employees at
Camp 30.
' Camp 30 employs , in addition to the disputed groups , 2 scalers , 2 jammer men, engi-
neers, a cook and 5 "cookees ," 2 chore men , 2 men at the barn , at blacksmith , a blacksmith
helper, about 30 sawyers , men who load logs on sleighs and on cars ; men engaged in the
upkeep of the roads , a few swampers , and ,a night watchman, all of whom . are eligible to
membership in the Union.
1224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Foremen and strawbosses, were not allowed to vote at the consent
election held among employees of the Company's Camp 26 in 1938.
They are ineligible to membership in the Union. We shall exclude
them from the unit as supervisory employees.
There is only one camp clerk., He remains in the camp and employees
look upon him as the supervisor in charge of the camp in the absence
of foremen. He takes care of checks and the store, reports to the
Company at Nahma in case of emergency, issues forms for requests
for passes. The `Union has never requested bargaining rights for
clerical employees of the,Company at its other camps, and they were
not allowed to vote in the consent election in 1938. They are ineligible
for membership in the Union. We shall exclude the camp clerk from
the unit.
We 'find that all employees of the Company engaged in logging
operations at Camp 30, including employees engaged in auxiliary
operations, but excluding supervisory and clerical employees and train
crews, constitute a unit appropriate for the purposes of collective bar-
gaining, 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 will 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, and we shall accordingly direct, an election
by secret ballot among the employees in the appropriate unit who
were employed during the pay-roll period immediately preceding the
date of our Direction of Election, subject to such limitations and ad-
ditions as 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 Bay de Noquet Company, Nahma, Michigan,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
2. All employees of the Company engaged in logging operations
at Camp '30, including employees engaged in auxiliary operations,
but excluding supervisory and clerical employees and train crews,
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
BAY DE NOQUET COMPANY 1225
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 3, of National Labor
Relations( Board Rules and Regulations-Series 2, as amended, it is
hereby r '
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Bay de Noquet Company, Nahma, Michigan, 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 direc-
tion and supervision of the Regional Director for the Twelfth 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 employees of Bay de Noquet Company, Nahma, Michigan,
engaged in logging operations at Camp 30, who were employed during
the pay-roll period immediately preceding the date of the election,
including employees engaged in auxiliary operations, and employees
who did not work during said 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 'and
clerical employees and'train crews, and employees who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by Timber & Sawmill Workers Union, Local 15,
affiliated with International Woodworkers-of America (,C. I. 0.), for
the purposes of collective bargaining.