Buzard-Burkhart Pine Co.

National Labor Relations Board - Board Decisions

Sep 5, 1941

35 N.L.R.B. 203 (N.L.R.B. 1941)

In the Matter of BUZARD-BURKHART PINE COMPANY and GOOSE LAKE
LUMBER WORKERS ' & LOGGERS' UNION
Case R-2856.-Decided September 5, 1941
Jurisdiction : logging operations and lumber manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
of Company to accord union recognition in the absence of certification by the
Board ; election necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company in
its operations near Lakeview, Oregon, excluding supervisory and clerical
employees ; stipulation as to.
Definitions : petitioning union held to be a labor organization notwithstanding
its suspension of collection of dues and temporary discontinuance of meetings
after the Company'.s refusal of recognition.
Mr. Theodore R. Conn, of Lakeview, Oreg., for the Company.
Mr. Herbert P. Welch, of Lakeview, Oreg., for the Independent.
Mr. E. H. Card, of Medford, Oreg., for the A. F. of L.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 19, 1941, Goose Lake Lumber Workers' & Loggers' Union,
herein called the Independent, filed with the Regional Director for
the Nineteenth Region (Seattle, Washington) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Buzard-Burkhart Pine Company, Lakeview,
Oregon, 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 June 27, 1941, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article ill,
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.
On July 25, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and upon the
35 N. L. R. B., No. 44.
203
204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Independent. On August 4, 1941, pursuant to notice, a hearing was
held at Lakeview, Oregon, before William A. Babcock, Jr., the Trial
Examiner duly designated by the Acting,Chief Trial Examiner.
At the outset of the hearing, Lumber and Sawmill Workers Union
Local No. 2701, chartered by the United Brotherhood of Carpenters
& Joiners of America, affiliated with the American Federation of
Labor, herein called the A. F. of L., filed a written motion to intervene
alleging that it had been designated as collective bargaining repre-
sentative by employees of the Company. The Trial Examiner granted
the motion. ,
The Company and the Independent were represented by counsel
and the A. F. of L. was represented by its representative. All par-
ties participated in the hearing and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. During the course of the hearing,
the A. F. of L. moved that the petition be dismissed upon the ground
that the Independent had ceased functioning as a labor organization.
The Trial Examiner reserved ruling on the motion for the Board.
For reasons hereinafter stated, the motion is denied. In addition,
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
1. THE BUSINESS OF THE COMPANY
Buzard-Burkhart Pine Company, the assumed business name of
four copartners, R. T. Buzard, R. S. Buzard, R. L. Buzard, and
Nellie Bell Buzard, is engaged in the cutting and removal of timber
and in lumber manufacturing near Lakeview, within the State of
Oregon. During 1940 the Company's plant produced approximately
16 million board feet of lumber having a value of approximately
$352,000. Over a period of several years before the hearing the
Company has sold and shipped in excess of 90 per cent of the output
of its plant outside the State of Oregon.
II. THE ORGANIZATIONS INVOLVED
Goose Lake Lumber Workers' & Loggers' Union is an unaffiliated
labor organization admitting to membership persons "employed by
lumber companies operating in the Goose Lake, Oregon, area.'
1
On March 28, 1941, persons working at lumber companies in the Goose Lake area met
for the purpose of forming the Independent . On the folloning day a constitution and
BUZA'RD-BURKHA,RT PI'NEi COMPANY 205
Lumber and Sawmill Workers Union Local No. 2701, chartered
by the United Brotherhood of Carpenters & Joiners of America,
- affiliated with the American Federation of Labor, is a labor organiza-
tion, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 6, 1941, the Independent advised the Company that it
represented a majority of its employees, and requested a conference
for the purpose of submitting its proof and entering into negotiations
for a contract. Pursuant to the request, a conference was held on
May 13, 1941, at which time the Company refused to recognize the
Independent in the absence of certification by the Board.
A statement by a Field Examiner of the Board, introduced at the
hearing, and a statement in the record by the Trial Examiner, show
that the Independent and the A. F. of L., respectively, represent
a substantial number of employees in the unit hereinafter found to
be appropriate.2
We find that a question has arisen concerning the representation of
employees of the Company.
bylaws were adopted Subsequently officers were elected, dues collected and, as herein-
after set forth, a substantial number of the Company 's employees made application for
membership . Following the Company 's refusal to recognize the Independent as the sole
bargaining representative of its employees , the Independent suspended the collection of
dues and temporarily discontinued meetings . As hereinabove set forth , the A. F. of L.
moved to dismiss the petition filed by the Independent on the ground that the Independent
had ceased to function as a labor organization . The fact that an organization has not
held meetings or collected dues is not determinative of the question whether, it is a labor
organization entitled to status as such under the Act. We are satisfied , and find, that
at all times material herein the Independent was and is a labor organization within the
meaning of Section 2 ( 5) of the Act . See Matter of The Gartland-Haswell Foundry Co.
and The Gartland -Hasioell Employees Organization, 26 N. L R B 1270; Matter of
The George TV. Borg Corporation and United Clock Workers Union, 25 N. L . R B. 481;
and Matter of Universal Match Corporation and United Match Workers , Local Industrial
Union No. 110, affiliated with Congress for Industrial Organizations , 23 N. L R B. 226.
3 The Field Examim is statement shows that the Independent submitted 69 membership-
application cards bearing apparently genuine signatures . Of these 69 names, the Field
Examiner reported that : 53 are listed by the Company as being employees during May
1941 ; 4 are listed as having left the Company 's employ ; and 12 are not listed by the
Company. Fourteen of the cards carry no dates ; the remainder are dated on or after
March 28, ' 1941. In addition the Independent submitted an affidavit listing all the
names of the Company's employees who are its members This list carried all the names
appearing on the 69 cards and 5 additional names , 3 of which appeared on the Company's
list of employees.
The Trial ' Examiner reported during the hearing that the A. F of L. submitted eight
membership application -designation cards, four of which bear signatures in spaces for
application to membership and designation of the A. F. of -L. as bargaining representa-
tive. Of the other four , one bears the signature of a person making application for
membership and three bear the signatures of persons designating the A. F. of L. as
bargaining representative . All the signatures appear to be genuine signatures of persons
whose names appear on the Company ' s pay roll of May 1941.
The Company 's pay roll of May 1941 shows a total of 164 employees , including 5 super-
visory employees and 27 others who have since left the Company 's employment.
206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT. 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
At the hearing the parties stipulated, and we find, that all em-
ployees of the Company in its operations near Lakeview, Oregon,g
excluding supervisory 4 and clerical employees, constitute a unit ap-
propriate for the purposes of collective bargaining. We further find
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 effectuate the policies of the Act.
VT. 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 those eligible to vote in the election shall be
the employees of the Company within the appropriate unit whose
names appear on the Company's pay roll for the period immediately
preceding the date of this Direction of Election, subject to such limi-
tations 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 :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Buzard-Burkhart Pine Company, Lake-
view, Oregon, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All employees of the Company in its operations near Lakeview,
Oregon, extending supervisory and clerical employees, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act.
8 These operations consist of logging operations , sawmill, cut shop, planer mill, and
lumber-yard.
4 At the hearing the parties stipulated that six named persons having supervisory duties
should not be eligible to vote. These are • Chester Olson, Dallas Little, Richard Balton,
Dennis Ganey , W. S. Simpson , and John Bjorlslund
BUZARD -BURKHART PINE COMPANY
DIRECTION OF ELECTION
207
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 Rela-
tions 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 Buzard-Burkhart Pine Company, Lakeview, Oregon, 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 direc-
tion and supervision of the Regional Director for the Nineteenth Re-
gion, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regula-
tions, among all employees of the Company in its operations near
Lakeview, Oregon, who were employed during the pay-roll period
immediately preceding the date of this Direction , including employees
who were ill or on vacation or in the active military service or train-
ing of the United States, or temporarily laid off, but excluding super-
visory and clerical employees, and employees who have since quit or
been discharged for cause , to determine whether they desire to be
represented by Goose Lake Lumber Workers' & Loggers' Union, or
Lumber and Sawmill Workers Union Local 2701 , chartered by the
United Brotherhood of Carpenters & Joiners of America, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither.