Bellingham Plywood Corp.

National Labor Relations Board - Board Decisions

Mar 25, 1942

39 N.L.R.B. 1115 (N.L.R.B. 1942)

In the Matter of BELLINGHAM PLYWOOD CORPORATION and I. W. A.
LOCAL 9-330 (C. I. 0.) '
Case No. R-3509.-Decided March, 25, 194.
Jurisdiction : veneer, plywood, and plywood products manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal of Company to accord union recognition ; under all circumstances includ-
ing execution of closed-shop contract after notice of petitioner' s claim to rep-
resentation, held contract no bar to ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees excluding clerical employees and supervisory employees of the rank
of foreman or higher ; no dispute as to.
Abrams d McCush, by Mr. Curtis E. Abrams, of Bellingham,
Wash., for the Company.
Mr. Wilbur Weidert, of Olympia, Wash, for District 9.
Mr. Adolph Germer, of Seattle, Wash., for Local 9-330.
Mr. L. Presley Gill, of Seattle, Wash., for Local 2993.
Mr. Harry H. Kuskim, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 24, 1941, Plywood Box Shook and Door Council,
District No. 9, International Woodworkers of America, affiliated
-with the Congress of Industrial Organizations, herein called District
9, acting in behalf of the International Woodworkers of America,
Local 9-330, affiliated with the Congress of Industrial Organizations,
herein called Local 9-330, filed with the Regional Director for the
Nineteenth Region (Seattle, Washington) a petition alleging that a
question affecting comrrierce had arisen concerning the representation
of employees of Bellingham Plywood Corporation, herein called the
Company, and requesting an investigation and certification of rep-
resentatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On January 28, 1942,
the National Labor Relations Board, herein called the Board, acting
39 N. L R. B., No. 209.
1115
1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On January 31, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, District 9,
Local 9-330, and the Plywood and Veneer Workers Union Local No.
2993, chartered by the United Brotherhood of Carpenters and Joiners
of America, affiliated with the American Federation of Labor, herein
called Local 2993, a labor organization claiming to represent employees
directly affected by the investigation. Pursuant to the notice, a hear-
ing was held on February 13, 1942, at Bellingham, Washington, before
William A. Babcock, Jr., the Trial Examiner duly designated by the
Chief Trial Examiner. The Company, Local 9-330, and Local 2993
were represented by counsel, District 9, by its representative; all par-
ticipated 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. At the hearing, the Trial Examiner
reserved ruling on Local 2993's motion to dismiss the petition on the
ground that its existing contract with the Company constitutes a bar
to a determination of representatives at this time. For the reasons
stated in Section III, below, the motion is hereby denied. During the
course of the hearing, the Trial Examiner made various rulings on
other 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
Bellingham Plywood Corporation is a Washington corporation with '
its principal office and plant at Bellingham, Washington. It is en-
gaged in the manufacture and sale of veneer, plywood, and plywood
products. The Company was incorporated in January 1941, started
the construction of its plant in May, and began production in Novem-
ber of that year. At the time of the hearing, the construction of the
plant and installation of machinery were virtually complete: The
-Company has a present capacity of 80 carloads of finished products
per month. About 74 carloads a month of the Company's production
will be shipped out of the State of Washington. The Company has
about 297 employees engaged in production and maintenance work.
BELLINGHAM PLYWOOD CORPORATION •1117
It has been certified by the War Department as a 50 percent defense
plant.
II. THE ORGANIZATIONS INVOLVED
Plywood Box Shook and Door Council, District No. 9, International
Woodworkers of America, and International Woodworkers of Amer-
ica, Local 9-330, are labor organizations affiliated with the Congress of
Industrial Organizations. The latter admits to membership employees
of the Company.
Plywood and Veneer Workers Union Local No. 2993, chartered by
the United Brotherhood of Carpenters and Joiners of America, affili-
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
Ill. 'THE QUESTION CONCERNING REPRESENTATION
On October 25,1941, District 9 sent a letter to the Company averring,
in effect, that the International Woodworkers of America represented
a majority of the employees of the Company in an appropriate unit,
requesting the Company to negotiate with it concerning a contract, and
indicating that a letter was to follow from the local union officers
naming the persons with whom the Company was to communicate
about fixing the date for negotiations. The Company did not reply
and there were no further communications between the Company and
representatives of either District 9 or the local union until after No-
vember 15, 1941. On that day, pursuant to a demand by Local 2993,
the Company and Local 2993 executed a closed-shop contract, effective
immediately and terminating on May 6, 1942, providing for exclusive
recognition of Local 2993 as bargaining agent in a unit consisting of
all the Company's employees except office employees, superintendents,
and foremen, and calling for immediate negotiation concerning a sup-
plemental agreement as to wages, hours, and conditions of employment.
By its terms this contract is self-renewing for an annual term unless
-either party notifies the other of its abrogation 30 days prior- to May 6
of any year. On December 19, 1941, the supplemental agreement was
executed, and, attached to and made part of the original contract.
The Company argued that, notwithstanding the letter from District
9 and its knowledge that some of its employees were members of the
International Woodworkers of America, it negotiated with Local 2993
for the reasons that on October 25, 1941,1 when District 9 made its
demand, the Company was not yet in production ; that Local 2993 made
a convincing showing of representation of a majority of the Company's
3 The record shows that, at that time, the Company employed about 15 persons who were
assembling machines and were to continue as production employees when the plant
commenced operations.
1118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
production employees on November 15,1941; 2 and that neither District
9 nor Local 9-330 made a showing, although the Company admits not
having notified them of its negotiations and not having requested such
a showing. Local 9-330 contended that it did in fact represent a
majority of the Company's employees at the time of the Company's
negotiations with Local 2993.
On November 24, 1941, District 9 filed the petition which initiated
this proceeding and on or about November 29, 1941, a representative
of District 9, acting on behalf of Local 9-330, whose charter'had been
installed on or about November 13, made further demands on the Com-
pany for recognition and claimed that Local 9-330 represented a ma-
jority of the Company's employees in an appropriate unit. On De-,
cember 1, 1941, subsequent to the filing of the petition herein but prior
to the execution of the supplemental agreement, the Company held a
conference with Local 2993 and Local 9-330. On that occasion, the
Company indicated its desire to bargain exclusively with Local 2993
or Local 9-330 either by joint agreement or after an election. The
Company and Local 9-330 agreed that the controversy should be
settled by an election. Local 2993 refused to consent to an election,
argued that its contract precluded any question of representation, in-
sisted upon performance of the contract by the Company, and made
a showing verified by the Company through a pay-roll check that it
represented about 150 out of 221 production employees on the pay roll
of November 29, 1941. Local 9-330 refused to make a showing of
,representation, but stated it would do so before the Board. The Com-
pany claims it felt duty-bound to comply with the request of Local
2993 and that it was convinced Local 2993 represented a majority of its
employees at that time and on December 19,'1941-, the date of execu-
tion of the supplemental agreement. Local 2993 and the Company
state that the closed-shop provision of the contract has never been
invoked, but Local 9-330 disagrees. Local 9-330• argues further that
it has always represented a majority of the employees of the Company-3
At the hearing, Local 2993 contended that the existing contract isa
bar to these proceedings. Under all the circumstances, and in view
of the fact that the Company was on notice of the claim of District 9'
at the time of the execution of the contract, we find that the contract
is no bar.4
7 A pay-roll check of names on membership application cards of Local 2993 made by
the Company's timekeeper showed that the names of 90 persons who had signed such cards
appeared on the pay roll of November 15, 1941, which contained the names of 160
production and maintenance employees
8 Local 9-330 claimed that many of the Company's employees whom it represented were
members of other locals of the international Woodworkers of America and that such
persons are not required to sign membership application cards in Local 9-330
' See Matter of Ford Motor Co , Milan Division and Federal Labor Union 22676, affiliated
mith the Anie) scan F'edei afion of Labor, et al, 25 N L It 11 1082 1
BELLINGHAM PLYWOOD CORPORATION 1119
A statement of Field Examiners, in evidence, and a statement at the
hearing by the Trial Examiner show that Local 9-330 and Local 2993,
respectively, represent a substantial number of employees in the unit
hereinafter found to be appropriate.5
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 1, 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
Both Local 2993 and Local 9-330 claimed that all the Company's
employees, excluding supervisory and clerical employees, constitute
an appropriate unit. The Company did not object. A representative
of Local 9-330 testified that this Local excluded from membership
shift foremen and clerical employees. The employees covered by the
contract between the Company and Local 2993 comprise a unit sub-
stantially the same as the one requested by the Unions.
We find that all production and maintenance employees of the Com-
pany, excluding clerical employees and supervisory employees of the
rank of foreman or higher, constitute a unit appropriate for the pur-
poses of collective bargaining and that such unit will insure to em-
ployees the full benefit of their right to self-organization and to col-
lective bargaining and otherwise will effectuate the policies of the Act.
5 The Field Examiners reported that Local 9-330 submitted 111 membership application
cards, dated as follows 1 in August 1941, 14 in October 1941, 44 in November 1941, 20 in
December 1941, and 32 in January 1942 ; that all the cards had signatures which appeared
to be genuine ; and that the names of 89 of the 111 individuals appeared on the Company's
pay roll of November 29, 1941 . The pay roll contains 221 names of persons working at
the plant -
The Trial Examiner reported that Local 2993 had about 195 membership application
cards of which 180 were dated as follows : 61 in October 1941 , 75 in November 1941, 35 in
December 1941, 5 in January 1942, 1 in February 1942, and 3 undated ; that all the cards
had signatures which appeared to be genuine ; that the names of 182 of the 195 individuals
appeared on the Company's pay roll of January 16, 1942; that Local 9-330 had 123
membership application cards dated on or before January 16, 1942 ; that all the cards had
signatures which appeared to be genuine ; and that all the names appeared on the Com-
pany 's pay roll of January 16, 1942. The pay roll contains 256 names of production and
maintenance employees.
The Trial Examiner also reported that Local 9-330 had 184 membership application
cards, dated between October 1941 and February'1942 , and 2 undated cards; that all the
cards had signatures which appeared to be genuine ; and that all the names appeared on
the Company's pay roll of February 12, 1942 The pay roll contains the names of 297
production and maintenance employees
448105-42-vol. 39-72
1120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. We shall direct
that the employees of the Company in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to the limitations and addi-
tions set forth in the Direction, shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire red-.
ord 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 Bellingham Plywood Corporation, Belling-
ham, Washington, 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
Bellingham, Washington, excluding clerical employees and super-
visory employees of the rank of foreman or' higher, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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 Relations 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 purposes of collective bargaining
with Bellingham Plywood Corporation, Bellingham, Washington, 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, under '
the direction and supervision of the Regional Director for the Nine-
teenth 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 of
Bellingham Plywood Corporation, Bellingham, Washington, whose
names appear on the Company's pay roll immediately preceding the
date of this Direction, including 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 clerical employees, supervisory employees of
the rank of foreman or-higher, and employees who have since quit or
BELLINGHAM PLYWOOD CORPORATION 1121
been discharged for cause, to determine whether they desire to be rep-
resented by International Woodworkers of America, Local 9-330,
affiliated with the Congress of Industrial Organizations, or by Ply-
wood and Veneer Workers Union Local No. 2993, chartered by the
United Brotherhood of Carpenters and Joiners of America, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither.