Coast Pacific Lumber Co.Download PDFNational Labor Relations Board - Board DecisionsAug 20, 194878 N.L.R.B. 1245 (N.L.R.B. 1948) Copy Citation In the Matter Of COAST PACIFIC LUMBER Co., EMPLOYER and OPER- ATING ENGINEERS, LOCAL UNION No. 3, OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL, PETITIONER Case No. 00-RC-66.-Decided August 20, 1948 DECISION AND ORDER Upon a, petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations involved claim to represent employees of the Employer., 3. No question of representation exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons: The plant involved herein is located at Eureka, California, and has been in operation since January 2, 1948. At the time of the hearing. May 19, 1948, this plant was producing between 2 and 21/2 million board feet of lumber per month with a crew of 13 employees, con- sisting of such classifications as yard laborer and janitor, carloader, •Houston, Murdock , and Gray. 1 Lumber and Sawmill Workers, Local Union 2592, AFL, the Intervenor herein, is the only other union involved in this proceeding. We find no merit in the Employer ' s contention based on the alleged ineligibility of its employees for membership in either the Petitioner or the Intervenor, in the absence of a showing that these labor organizations would not adequately represent their interests. 78 N. L. R. B., No. 172. 1245 1246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD carrier and stacker driver, planer feeder, truck checker, and,lumber puller. The record discloses that the Employer plans to expand its Eureka operation, reaching an output of 10 million board feet of lumber per month in about 6 months. Plans° for this expansion have been prepared and further construction scheduled for June, July and August. The Employer will install 2 additional machines; a double- end trimmer and a resaw, and obtain several additional trucks and other conveyor equipment. As production increases, employees will be added. Because it is not certain when the machines will be deliv- ered, the Employer is unable to specify precisely when certain job categories will be added. However, -it is clear that in 6 months the contemplated expansion will have been achieved and the work force will have increased from the 13 at the time of the hearing to not less than 45-50 employees. Not only will the size of the work force be increased, but the scope of its operation will be expanded. New work classifications will also be added, among which will be trimmerman, resawyer, electrician, garage mechanic, oiler, filer, grinder, and millwright. Indeed, although the Petitioner seeks a production and maintenance unit, there were vir- tually no maintenance employees in the Employer's employ at the time of the hearing. Under these circumstances, we are persuaded that the present peti- tion has been prematurely filed in that the unit sought is still expand- ing, and is not at present representative of the anticipated work force. Accordingly, we shall dismiss this petition, without prejudice to the subsequent filing of another petition at a more appropriate time. .l. ORDER Upon the basis of the foregoing findings of fact and the entire record in this proceeding, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of the Coast Pacific Lumber Co., Eureka, California, filed by Operating Engineers, Local Union No. 3, of the International Union of Operating Engineers, AFL, be, and it hereby is, dismissed. Copy with citationCopy as parenthetical citation