Caspar Lumber Co.

National Labor Relations Board - Board Decisions

Oct 3, 1944

58 N.L.R.B. 697 (N.L.R.B. 1944)

In the Matter of CASPAR LUMBER COMPANY and LUMBER & SAWMILL
WORKERS, LOCAL 2974, A. F. OF L.
Case No. 20-R-11 ,52.-Decided October 3, 1944
Messrs. W. P. Clecak and William T. Doyle, of San Francisco, Calif.,
for the Company.
Mr. H. H. Williams, of Sacramento, Calif., and Mr. W. H. Schmidt;
of Caspar, Calif., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Lumber & Sawmill Workers, Local 2974,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Caspar Lumber Company, Caspar, California, herein called the Com-
pany, the National Labor Relations.Board provided for an appro-
priate hearing upon due notice before John P. Jennings, Trial Ex-
aminer. Said hearing was held at San Francisco,' California, on
September 12, 1944. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Caspar Lumber Company is engaged in the operation of a logging
camp and a sawmill at and near Caspar, California. During 1943 the
Company produced 22 million board feet of lumber, all of which was
shipped to Redwood Manufacturing Company, a subsidiary, at Pitts-
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697
698 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
burg, California. During 1943 Redwood Manufacturing Company
purchased 25 million board feet of lumber, including the 22 million
board, feet from the Company. During the same period Redwood
Manufacturing Company shipped 3 million board feet of lumber and
lumber products to points outside the State of California.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Lumber & Sawmill Workers, Local 2974, is a labor organization affili-
ated with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining -representative of certain of its employees until such
time as the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that all production, construction, railroad, and
maintenance employees of the Company at its sawmill, yard, and rail-
mad at Caspar, California, constitute an appropriate bargaining unit.
The Company contends that the unit should include not only employees
claimed by the Union, in the instant proceeding but also employees at
the Company's logging camp located approximately 20 miles from the
sawmill. We have previously found, in another Decision 2 involving
the Company, that the logging camp employees constitute a separate
appropriate bargaining unit. Nothing in the present record persuades
us otherwise. Accordingly, we find that a unit limited to the employees
at the sawmill, yard, and railroad is appropriate.
We find, in accordance with the desires of the parties, that office and
clerical employees, employees at the Company's stores, mill foreman,'
assistant mill foreman, master mechanic, construction foreman, locomo-
' The Field Examiner reported that the Union presented 59 membership apphoation
cards. There are approximately 154 employees in the appropriate unit
255N L R B S19.
CASPAR LUMBER COMPANY 699
tive engineer, section crew foreman, yard foreman, and senior tallyman
in yard, should be excluded from the unit.
We find that all production, construction, railroad, and maintenance
employees of the Company at its sawmill, yard, and railroad at Caspar,
California, excluding office and- clerical employees, employees at the
Company's stores, mill foreman, assistant mill foreman, master
mechanic, construction foreman, locomotive engineer, section crew fore-
man, yard foreman, senior tallyman in yard, and any other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of 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 the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
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 9, of,National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for,the purposes of collective bargaining with Caspar Lumber
Company, Caspar, California, an election by secret ballot shall be con-
ducted 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 Twentieth Region, acting in this matter as
agent for the National Labor Relations Beard, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily laid
off, and including employees in the armed forces of the United States
who present themselves in person at the polls, but excluding any who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election, to determine whether or
not they, desire to be represented by. Lumber &,,SawmillWorkers, Local
2974, A. F. of L., for the purposes of collective bargaining.