Diamond Match Co.

National Labor Relations Board - Board Decisions

Oct 9, 1941

35 N.L.R.B. 1317 (N.L.R.B. 1941)

In the Matter of DIAMOND MATCH COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. R-2955.-Decided October 9, 1941
Jurisdiction : logging, match, and lumber products manufacturing industry.
Investigation and Certification of Representatives : existence of question: Com-
pany refused to accord union recognition contending unit claimed by the
union is inappropriate; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at Company's two logging camps exclusive of clerical employees ;
employees at two of Company's mills excluded despite request of Company
for their inclusion with logging employees in a single uhit in view of state
of union's organization and differences in the character of the work.
Mr. B. H. Kizer, and Mr. John R. Gray, of Spokane, Wash., for
the Company.
Mr. N. E . Mason, ' of Coeur d 'Alene, Idaho, Mr. Warren Bert
White , and Mr. Clarence Foss, of Priest River , Idaho, for the
Union.
Mr. Robert S. Fousek, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 27 and July 30, 1941, respectively, International Wood-
workers of America, affiliated with the Congress of Industrial Or-
-ganizations, herein called the Union, filed with the Regional Director
for the Nineteenth Region (Seattle, Washington) a petition and an
amended petition alleging that a question affecting commerce had
arisen concerning the representation of employees of the Diamond
Match Company, Spokane, Washington, 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 August 12, 1941, the National
Labor Relations Board; herein called the Board, acting pursuant to
Section 9 (c) of the Act, and Article III, Section 3, of National
35 N. L. R. B., No. 224.
1317
1318 DECI>IONS OF NATIONAL LABOR RELATIONS BOARD
Labor Relations Board Rules and Regulations-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 August. 20, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on August 28,
1941, at Spokane, Washington, before William A. Babcock, Jr., the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company and the Union were represented by counsel or other official
representatives and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded all parties. During
the course of the hearing, the Trial Examiner made several rulings
on 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 af-
firmed. Thereafter the Union and the Company filed briefs which
the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Diamond Match Company has its principal office in Wilmington,
Delaware , and its general offices in New York City . It is engaged in
the manufacture of matches , lumber, and wood and paper products.
The Company has match factories in Chico, California ; Barberton,
Ohio; Oswego, New York; and Springfield , Massachusetts . It also has
a match block factory in Spokane, Washington , and sawmill opera-
tions in Sterling City, California ; Albany Falls, Idaho; 1 and Cusick,
Washington . In conjunction with each sawmill the Company conducts
logging operations . The present proceeding concerns the West Branch
logging operation located on the Idaho and Washington boundary
line, and the Lightning Creek logging operation located in Idaho.
During 1940 the Lightning Creek operation produced approximately
151/2 million board feet of timber- and 161/2 thousand cedar poles;
the West Branch operation produced approximately 11 million board
feet of timber. The timber produced by these two camps provides
the main supply of raw material for the Cusick and Albany Falls
mills. About 50 per cent of the lumber produced by these mills is
match block plank which is shipped to the match block factory at
Spokane. Match blocks produced at Spokane are shipped by the
1 Also referred to in the briefs as Albini Falls, Idaho, and as Albeni Falls, Idaho.
DIAMOND MATCH COMPANY' 1319
Company to the match factories located outside of the State of
Washington. With the exception of three or four million board feet
of lumber that is retailed in Idaho and Washington, the remainder
of the lumber produced by these mills is shipped to points outside
of the States of Idaho and Washington.
II. THE ORGANIZATION INVOLVED
International Woodworkers of America is a labor organization,
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
IH. THE QUESTION CONCERNING REPRESENTATION
On May 15, 1941, the Union requested the Company for recognition
as exclusive bargaining representative of the Company's employees
in the West Branch camp. The Company, however, refused to recog-
nize the Union as such representative on the grounds that the unit
suggested by the Union was inappropriate. On July 30, 1941, the
Union filed its amended petition herein . claiming that a unit com-
prising the West Branch and Lightning Creek camps was appropriate.
Evidence introduced at the hearing discloses that the Union repre-
sents 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.
IV. 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
The Union requests a unit composed of all production and main-
tenance employees of the Company employed in and about its West
Branch and Lightning Creek logging operations, excluding clerical
and supervisory employees.. The Company desires a single unit com-
posed of employees at both logging camps and employees at the
Albany Falls and Cusick mills.
f
2 The Union submitted 176 designation cards to a Field Examiner of the Board. All
of the cards were signed , bore 1941 dates, and 147 of the signatures were of persons on
the Company 's pay roll of May 31, 1941. Ninety-two of the signatures were listed on the
west Branch pay roll of 93 names . Fifty-five of the signatures were listed on the
Lightning Creek pay roll of 146 names.
1320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The logging camps are approximately 75 or 80 miles apart by-
road. Both camps are located approximately 40 miles from Albany
Falls and 60 miles from Cusick. The majority of the men in- the
Lightning Creek camp live in the camp. Men employed in the West
Branch camp are somewhat more scattered as some live in the camp
and others live in homes located in nearby towns. However, bunk-
houses and boarding-house facilities are available for all men in
both camps as the roads are not always passable. The majority of
the men employed in the mills, on the other hand, live in their homes
located in nearby towns, although some of the men employed in the
Cusick mill live in a company-owned bunkhouse.
Both logging operations are under one woods superintendent; two
superintendents supervise the mills. Mill employees and timber
workers do not do the same type of work and seldom shift from one
to the other. Seniority in timber work or mill work does not apply
interchangeably.
The employees in the mills have not been organized to any great
extent. Employees in the Cusick mill, however, have applied for a
separate charter from the Union. Although the logging camp em-
ployees were organized into separate locals, the Union proposes to
have one bargaining committee for the two camps.
.We are of the opinion that, due to the differences in the character
of the work and the fact that organization has not yet extended
to the mills, the employees in the mills should be excluded at the
present time from the unit.3 -
We find that all production and maintenance employees of the
Company, employed in the Lightning Creek and West Branch camps,
excluding clerical and supervisory employees,4 constitute a unit ap-
propriate for the purposes of collective bargaining. We further find
that said unit will insure to employees of the Company the full bene-
fit of their right to self-organization and to collective -bargaining
and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen can best be resolved
by an election by secret ballot. We shall direct that an election by
8 Matter of Weyerhaeuser Timber Company, Longview Branch and International Wood-
workers of America, Local No. 36, affiliated with the Congress of Industrial Organizations,
27 N. L. R. B 491.
4 The parties agree, and we find , that the following employees engaged in the West
Branch operation are clerical and supervisory employees and should, be excluded from
the appropriate unit : foreman, skidding foreman, river foreman, mechanic , and clerk.
The parties agree, and we find, that the following employees engaged in the Lightning
Creek operation are clerical and supervisory employees , and should be excluded from
the appropriate unit : foremen, skidding foremen, construction of skidways foreman, cat
skidding foreman, brush foreman, unloading log foreman , section foreman , mechanics,
and clerks.
DIAMOND MATCH COMPANY 1321
secret ballot be held among employees of the Company in the ap-
propriate unit who were employed during the pay-roll period immedi-
ately preceding the date of this Direction of Election, subject to such
limitations and additions as are set forth in the Direction.
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 Diamond Match Company , Spokane, Wash-
ington, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company em-
ployed in the Lightning Creek and West, Branch logging operations,
excluding clerical and supervisory employees , constitute a unit ap-
propriate for the purposes of collective bargaining , within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
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-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations 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 Diamond Match Company, Spokane, Washington, 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 Nineteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees in the
Lightning Creek and West Branch logging camps, who were em-
ployed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during
such pay-roll period because they were ill or on vacation or in the
active military service or training of the United States, or temporarily
laid off, but excluding clerical and supervisory employees, and em-
ployees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by International
Woodworkers of America, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.