Cobbs and Mitchell

National Labor Relations Board - Board Decisions

Jul 14, 1943

51 N.L.R.B. 320 (N.L.R.B. 1943)

In the Matter of COBBS AND MITCHELL and INTERNATIONAL WOOD-
WORKERS OF AMERICA , LocAL No. 5-92, C. I. O.
Cases Nos. R-5598 and R-5599.-Decided July 14, 1943
Mr. C. L. Starr, of Portland, Oreg., for the Company.
Messrs. Barry George and Harvey Nelson, of Portland, Oreg., for
the C. I. O.
Messrs. Reese Wingard and W. 0. Kelsay, of Eugene , Oreg., for
the A. F. of L.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Woodworkers of Amer-
ica, Local No 5-92, affiliated with the C. I. 0., herein called the C. 1. 0.,
alleging that questions affecting commerce had arisen concerning the
representation of employees of Cobbs and Mitchell, Valsetz, Oregon,
herein called the Company, the National Labor Relations Board there-
after consolidated the cases and provided for an appropriate hearing
upon due notice before. Joseph D. Holmes, Trial Examiner. Said
hearing was held at Salem, Oregon, on June 23, 1943. The Company,
the C. I. 0., and Lumber & Sawmill Workers Union, Local Unions
Nos. 2692 and 2636, affiliated with the American Federation of Labor,
herein called the A. F. of L., appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and toyintroduce 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:
51 N. L. R. B., No. 66.
320
COBBS AND MITCHELL
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
321
Cobbs and Mitchell, an Oregon corporation with its principal office
and place of business at Valsetz, Oregon, is engaged in the manufac-
ture and sale of lumber and lumber products. During the year 1942,
the Company processed approximately 50,000,000 board feet of lum-
ber, approximately 100 percent of which was shipped to points outside
the State of Oregon.
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local No. 5-92, affiliated
with the Congress of Industrial Organizations, and Lumber & Sawmill
Workers Union, Local Unions Nos. 2692 and 2636, affiliated with the
American Federation of Labor, are labor organizations admitting
employees of the Company to membership.
III. THE QUESTIONS CONCERNING REPRESENTATION
On March 15 and March 19, 1943, the C. I. O. requested recognition
as bargaining representative of the employees engaged in the Com-
pany's mill and logging operations, respectively. The Company
declined to recognize the C. I. 0., asserting that it was bound by
existing agreements with the A. F. of L. covering the employees in
question.
Since 1936, the Company has bargained with the A. F. of L. as
representative of the employees of both the mill and logging opera-
tions. On March 13, 1941, Local 2692 of the A. F. of L. and the
Company entered into a collective bargaining contract covering the
employees of the logging operations, and on April 9, 1941, Local 2636
of the A. F. of L. entered into a similar contract with the Company
covering the employees of the mill; these contracts have no expiration
date and can be terminated at any time on 30 days' written notice.
Although the parties entered into supplemental agreements, amend-
ing the original contracts to provide for a closed shop and to extend
their existence for the duration of the war, the exact date of their
execution was not disclosed nor are the instruments dated.' The
A. F. of L. contends that the contracts, and the supplements attached
thereto, constitute a bar to a present determination of representatives.
Since the original contracts have been in effect for over 2 years and
are terminable upon 30 days' notice, and since the Company was
i The Company 's vice president testified to the effect that he thought the supplemental
agreements were executed some time in April 1943. The A. F. of L. offered no evidence
pertaining to the date of execution.
322 DECISIONS OF NATIONAL LABOR R'ELA(rION$S BOARD
notified of the claim of the C. I. 0. previous to the time of execution
of the supplemental agreements, we find that • the contracts do not
constitute a bar to this proceeding.2
A statement prepared by a Field Examiner and membership lists
submitted by the A. F. of L., introduced in evidence at the hearing,
indicate that the unions represent a substantial number of employees
in the units hereinafter found to be appropriate.3
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNITS
We find, substantially in accordance with a stipulation of the
parties,4 that the following groups of the Company's employees con-
stitute units appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act:
(1) All production, maintenance, construction, and transportation
employees of the Company's sawmill, excluding clerical and super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action; and
(2) All production, maintenance, construction, and transportation
employees of the Company's logging operations, excluding clerical
and supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
2 See Phelps Dodge Refining Corp, 40 N. L R B 1159; American Radiator & Sanitary
Corp, 35 N L R B. 172; and La Plant-Choate Mfg. Co ., Inc., 29 N. L. R B. 40.
3 The Field Examiner ' s statement shows that the C . I. 0 submitted 64 applications for
membership cards in support of its claim with respect to the mill unit, all of which bear
apparently genuine signatures , and 62 of which bear names of persons whose names are
listed on the Company 's pay roll of March 31, 1943 ; there are 182 employees in the appro-
priate unit . The cards were dated as follows : 1 in November 1942. 10 in March 1943, and
53 in April 1943. The C. I. 0. also submitted 13 cards to the Trial Examiner , 9 of which
bear names of persons whose names are listed on the Company 's pay roll of March 31, 1943.
In support of its claim with respect to the logging unit, the C . I. 0. submitted 38 applica-
tion-for-membership cards, all of which bear apparently genuine signatures , and 36 of
which bear names of persons whose names are listed on the Company 's pay roll of March
31, 1943; there are 82 employees in the appropriate unit. Two cards were dated in March
1943 and 36 in April 1943.
The A . F. of L. submitted a list dated June 23, 1943 , bearing 122 names, and 19 member.
ship cards in support of its claim with respect to the mill unit. The cards were dated in June
1943. It also submitted a list, dated June 23, 1943 , bearing approximately 81 names in
support of its claim with respect to the logging unit . The Trial Examiner did not check
the names on either list with the Company ' s pay roll.
4 These are substantially the same units as covered by the contracts.
COBBS AND MITCHELL 323:
ployees in the respective units who were employed during the pay-roll
period immediately preceding the date of the Direction of Elections
herein, subject to the limitations and additions set forth in they
Direction.
DIRECTION OF ELECTIONS
By virtue-of and pursuant to the power vested in the National-
Labor Relations Board by Section 9 (c) of the National Labor Rela-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is,
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Cobbs and Mitchell,
Valsetz, Oregon, elections 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 Nineteenth Region, acting in this matter as agent for the-
National Labor Relations Board, and subject to Article III, Section
10, of said Rules and Regulations, among the employees in the units;
found appropriate in Section IV, above, who were employed by the-
Company at its sawmill and logging operations at Valsetz, Oregon,.
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 employees who,
have since quit or been discharged for cause: (1) to determine with
respect to the employees in the unit described in paragraph, (1) of
Section IV, whether they desire to be represented by International
Woodworkers of America, Local No. 5-92, affiliated with the C. I. O.,
or by Lumber & Sawmill Workers Union, Local No. 2636, affiliated
with the A. F. of L., for the purposes of collective bargaining, or by
neither; and (2) to determine, with respect to the employees in the
unit described in paragraph (2) ,of Section IV, whether they desire
to be represented by International Woodworkers of American, Local
No. 5-92, affiliated with the C. I. 0., or by Lumber & Sawmill Workers
Union, Local No. 2692, affiliated with the A. F. of L., for the purposes
of collective bargaining, or by neither.
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