Dickman Lumber Co.

National Labor Relations Board - Board Decisions

Apr 16, 1941

31 N.L.R.B. 5 (N.L.R.B. 1941)

In the Matter of DICKMAN' LUMBER COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL No. 2-9, AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL . ORGANIZATIONS
Case No. R-0399.-Decided April 16, 1941
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; election necessary.
Unit Appropriate for Collective Bargaining: all production and maintenance
employees excluding supervisory and clerical employees ; stipulation as to.
Mr. E. N. Eisenhower., of Tacoma, Wash., for the Company.
Mr. Freeman L. Cochran, of Tacoma, Wash., for the C. I. O.
Mr. L. Presley Gill, of Seattle, Wash., for the A. F. of L.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 3, 1941, International Woodworkers of America, Local
2-9, affiliated with the Congress of Industrial Organizations, herein
called the C. I. 0., filed with the Regional Director for the Nine-
teenth Region (Seattle, Washington) a petition and an amended
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Dickman Lumber Com-
pany, Tacoma, Washington, herein called the Company, and request-
ing 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 February 20, 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 Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an
investigation and directed the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On February 28, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
C. I. 0., and upon Lumber & Sawmill Workers Union, Local 2754,
31 N. L . R. B., No. 2.
5
6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
0
affiliated with the American Federation of Labor, herein called the
A. F. of L., a labor organization claiming to represent employees
directly affected by the investigation.
Pursuant to notice, a hearing was held on March 13, 1941, at
Tacoma, Washington, before Thomas P. Graham, Jr., the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany, by its counsel, and the C. I. O. and A. F. of L., by their repre-
sentatives, participated in the hearing. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on 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 affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Dickman Lumber Company is a Washington corporation with its
principal office in Tacoma, engaging in the manufacture and sale of
lumber. The principal raw materials used in its operation are logs
purchased in the open market in the State of Washington. During
the year 1940 the Company purchased logs approximating in value
$320,000 and sold lumber and wood products approximating in value
$550,000, 90 per cent of which were shipped to points outside the
State of Washington. The Company concedes that it is engaged
in interstate commerce within the meaning of the At for the purposes
of this proceeding.
IT. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local 2-9, is a labor or-
ganization affiliated with the Congress of Industrial Organizations.
It admits to membership employees of the Company.
Lumber & Sawmill Workers Union, Local No. 2754, is a labor
organization chartered by United Brotherhood of Carpenters and
Joiners of America, affiliated with the American Federation of Labor.
It admits to membership employees of the Company..
HI. THE QUESTION CONCERNING REPRESENTATION
In a letter to the Company dated September 7, 1940, the C. 'I. O.
claimed a majority and requested recognition as exclusive bargaining
DICKMAN LUMBER COMPANY 7
representative of the Company's employees. In February or March
1941, the A. F. of L. requested recognition. The Company states
that it does not know which organization represents a majority of its
employees, and consequently does not know with whom it may
bargain. '
At the hearing there was- adduced in evidence a statement of a
Field Examiner for the Board showing substantial designations of
the C. I. O. and A. F. of L.1
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 parties stipulated that the unit should consist of all production
and maintenance employees of the Company excluding supervisory and
clerical personnel. They further agreed that the following should-
1 There are 107 ,employees within the alleged unit on the Company's January 25, 1941,
pay roll . The C. I: 0 submitted 102 undated application-authorization cards and 61 addi-
tional application -authorization cards dated as follows : 39 between September 25, 1940;
and October 28, 1940; 11 between- December 31, - 1940; and January 10, 1941 ; 11 not dated.
All signatures appeared to be genuine and original . Omitting duplicate signatures , 77 sig-
natures on cards submitted are the names of persons Whose names are on the Company's
January 25 , 1941, pay roll.
The A . F. of L., In support of its claim to represent a majority, submitted its official
union ledger and dues book which bore • records in respect to 74 members , of whom 61 had
paid dues up to and including the following months:
'3 paid up to and including February 1941.
14 ,. ,. January 1941.
12 .. , 11 December 1940
3 November 1940
2 October 1940
16 " September 1940
1 ,W „ August 1940.
;2 July 1940
6 June 1940.
1 11 11 .. .. April 1940
1 11 11 11 .1 March 1940.
61 Total.
Forty-seven of such names are the names of persons whose names are on the Company's
January 251, 1941, pay roll.
Twenty -six of the names appearing on the undated cards submitted in behalf of the
C. I. O. are duplicates of names appearing in A. F. of L. record books.
8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
be excluded as supervisory employees; Walter Johnson, superintend-
ent of the sawmill department; Wayne Bolvi, planer superintendent;
C. R. Baker, dock foreman; Gordon Baker, night foreman, who, when
there is no night shift, exercises supervisory duties in connection' with
the yard; and that C. M. Harter should be excluded as a clerical
employee.
We find that all production and maintenance employees of the
Company, excluding supervisory and clerical personnel, - constitute
a unit appropriate for the purposes of collective bargaining, and that
said unit will insure to the employees of the Company the full, benefit
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 concerning representation can best be
resolved by an election by secret ballot and we shall so direct.. We
shall direct that all employees in the appropriate unit whose names
appear on the Company's pay roll immediately preceding our Direc-
tion of Election, subject to such limitations and additions as are set
forth in the Direction, shall be eligible to vote.
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 Dickman Lumber Company, Tacoma, 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,
excluding supervisory and clerical personnel, constitute a , unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the National Labor Relations Act.
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 Re-
lations 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Dickman Lumber Company, Tacoma, Washington, an election
by secret ballot shall be conducted as early as possible but not later
DICKMAN LUMBER COMPANY 9
than thirty (30) days from the date of this Direction, under the di-
rection and supervision of the Regional Director for the Nineteenth
Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Section 9, of said Rules
and- Regulations, among all production and maintenance employees
of the Company who were employed, by the Company during the pay-
roll period next preceding the date of this Direction of Election,
including employees who did not work during said 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
supervisory and clerical personnel and all persons who have since
quit or been discharged for cause, to determine whether they desire
to be represented by International Woodworkers of .America, Local
2-9, affiliated with the Congress of Industrial Organizations, or Lum-
ber, & Sawmill Workers Union, Local No. 2754, affiliated with the
American Federation of Labor, for the purposes of collective bargain-
ing, or by neither.