Deschutes Lumber Co.

National Labor Relations Board - Board Decisions

Nov 8, 1945

64 N.L.R.B. 758 (N.L.R.B. 1945)

In the Matter of R. G. WATT, ALICE MCCOURT LAMM, AND W. E.
LAMM, D/B/A DESCHUTES LUMBER COMPANY AND HERBERT MC-
MAHON, D/B/A S & M LOGGING COMPANY and LUMBER AND SAWMILL
WORKERS, LOCAL 2608, A. F. OF L.
In the Matter of R. G. WATT, W. E. LAMM, AND ALICE MCCOURT LAMM,
D/B/A DESCHUTES LUMBER COMPANY and INTERNATIONAL WOOD-
WORKERS OF AMERICA (C. I. 0.)
In the Matter of R. G. W ATT, W. E. L .\IIM, AND ALICE MCCOURT LAMM,
D/B/A DESCHUTES LUMBER COMPANY and LUMBER AND SAWMILL
WORKERS, LoCAL 2608, A. F. OF L.
Cases Nos. 20-R-1383, 20-R-1387, and 20-R-1454, respectively.-
Decided November 8, 1945
Mr. C. L. Irving, of Klamath Falls, Oreg., for the Companies.
Mr. D. H. Riggs, of Sacramento, Calif., for the AFL.
Mr. H. H. Watson, of Greenville, Calif., for the CIO.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed by Lumber and Sawmill Workers, Local
2608, A. F. of L., herein called the AFL and by International Wood-
workers of America (C. I. 0.), herein called the CIO, alleging that
questions affecting commerce had arisen concerning the representation
of employees of R. G. Watt, Alice McCourt Lamm and W. E. Lamm,
d/b/a Deschutes Lumber Company, herein called Deschutes and Her-
bert McMahon, d/b/a S & M Logging Company, herein called Mc-
Mahon,l both of Anderson, California, the National Labor Relations
Board consolidated the cases and provided for an appropriate hearing
upon due notice before Wallace E. Royster, Trial Examiner. The
'The pleadings were amended at the Hearing to correctly designate the employers as
set forth above The two employers are sometimes collectively referred to herein as the
Companies.
64 N. L R. B., No. 132.
758
DESCHUTES LUMBER COMPANY 759
hearing was held at Redding, California, on July 24,1945. Deschutes
and McMahon, the AFL, and the CIO appeared and participated.
All-parties 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
R. G. Watt, W. E. Lamm, and Alice McCourt Lamm, a partnership
doing business under the name Deschutes Lumber Company, are en-
gaged in the cutting of timber and processing of timber into lumber.
Deschutes operates a logging camp near Fern, California, and a saw-
mill at Anderson, California. The entire output of the logging opera-
tions is milled at the sawmill. During the year 1945 Deschutes will
produce at its sawmill approximately 20,000,000 board feet of lumber,
all of which is delivered at the mill to Stockton Box Company which
sells box shook to fruit and vegetable packers who ship their products
in interstate commerce.
Herbert G. McMahon is an individual doing business as S & M
Logging Company and is engaged solely in the transportation by
truck of logs from Deschutes' logging operations to that Company's
mill. The parties, including McMahon, stipulated that for the pur-
poses of this proceeding, and for the purposes of dealing with any
bargaining representative which may be certified herein, Deschutes
and McMahon constitute a single employer.
The Companies admit that they are engaged in commerce within
the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Lumber and Sawmill Workers, Local 2608, affiliated with the Ameri-
can Federation of Labor is a labor organization admitting to member-
ship employees of the Companies.
International Woodworkers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Companies.
III. THE QUESTION CONCERNING REPRESENTATION
The Companies have refused to grant recognition to either the
AFL or the CIO as the exclusive bargaining representative of their °
760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
employees until a representative has been certified by the Board in an
appropriate unit.
Statements of a Board agent, introduced into evidence at the
hearing indicate that the AFL represents a substantial number of,
employees in the unit hereinafter found appropriate.2
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
In its original petitions in this proceeding the AFL requested sepa-
rate units covering, respectively, the employees of Deschutes and
McMahon at the sawmill, including truck drivers, and the maintenance
logging, and cookhouse employees of Deschutes at the Fern woods
operation. At the hearing, the AFL and both Companies contended
that all employees at both operations, excluding supervisory and cler-
ical employees, should comprise a single unit. These parties argued
that the combined woods, sawmill, and trucking unit is the only appro-
priate one for the employees in this relatively small and highly inte-
grated operation, and there is considerable evidence supporting their
position. The CIO, which originally requested a unit confined to
maintenance, logging, and cookhouse employees at the logging camp,
has notified the Board since the hearing that it no longer objects to
the single, over-all unit desired by the AFL and the Companies .3
Thus, all parties are now in agreement as to both the scope and com-
position of the appropriate unit. In accordance with their agreement,
and the record, we find that all employees of Deschutes and McMahon
at Deschutes' sawmill and yard 4 at Anderson, California, and its log-
ging camp near Fern, California, including truck drivers, mechanics,
and greaser, but excluding clerical employees, supervisory employees
at the mill,5 and the superintendent, logging boss, and falling boss at
the camp, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
2 The Board agent reported that the AFL submitted 40 application cards, 30 of which
bore the names of persons listed on the Companies ' pay roll of April 30, 1945. The CIO
submitted 26 application cards, 20 of which bore the names of persons listed on the same
pay roll. There are approximately 30 employees in the woods operation , for which the
CIO originally petitioned as a separate unit; there are approximately 73 employees in the
combined moods and mill operation , the unit sought by the AFL.
6 This advice was contained in a telegram signed by H. H. Watson, who represented the
CIO at the hearing. The telegram, dated October 20, 1945, is hereby made a part of the
record.
* Including certain employees now temporarily on the pay roll of Stockton Box Company,
who work at Deschutes millyard under the direction and control of the Deschutes general
manager.
6 All parties agree that these are the mill foreman , night mill boss, and yard and shipping
foreman at the mill.
DESCHUTES LUMBER COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
761
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 Rela-
tions Act, and pursuant to Article III, Section 9, of the 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 Deschutes Lumber
Company and S & M Logging Company, Anderson, California, 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 Twen-
tieth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sections 10 and 11, of
said Rules and Regulations, among the employees 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 em-
ployees in the armed forces of the United States who present them-
selves,in person at the polls, but excluding those employees 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 they
desire to be represented by Lumber and Sawmill Workers, Local 2608,
affiliated with the American Federation of Labor or by International
Woodworkers of America„ affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.