E. C. Olson and Sons

National Labor Relations Board - Board Decisions

Dec 11, 1942

45 N.L.R.B. 1260 (N.L.R.B. 1942)

In the Matter of E. C. OLSON AND SONS and INTERNATIONAL..
L O.WOODWORIZESS OF AMERICA, LOCAL 295; C.
Case No. R-. 586.=Deeided December 11, 1942
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to grant recognition without certification of the Board ; postponement of
election held not warranted under the circumstances ; election necessary. -
Unit Appropriate for Collective Bargaining : all production and maintenance
employees in the mill: yard, and woods operations, excluding supervisory and
clerical employees; no dispute as to.
Mr. Arnold L. Graves, of Spokane, Wash., for the Company.
Mr. Virgil Burtz and Mr. Fred Sie f kin, of Spokane, Wash., for the
Union. - `
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Woodworkers of America,
Local 295, affiliated with the C. I. 0., herein called the Union, alleging
that a question affecting commerce had arisen concerning the represen-
tation of employees of E. C. Olson and Sons, Priest River, Idaho,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate -hearing. upon due notice before Louis S.
'Penfield, Trial Examiner. Said hearing was held at Priest River,
Idaho, on November 24, 1942. The Company and the Union appeared,
participated, and were afforded full' opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
E. C. Olson and Sons is a partnership, with its main office and mill
at Priest River, Idaho, where it is engaged in the manufacture and
45 N. L. R. B., No. 173. -
1260
_..__. - _ . E.. C. OLSON AND SONS - - = , 1261
sale of lumber. During the first 11 months of 1942 the Company
processed approximately 9,500,000 board feet of lumber having a gross
value-of^approximately $258,300, 25 percent of which was, shipped to
points', outside the State of Idaho. The Government' purchased 90
percent of the finished products of the Company pursuant to contract.
II. THE ORGANIZATION INVOLVED
International Woodworkers of America, Local 295, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting'employee's'of the Company-to membership.
III. THE QUESTION CONCERNING REPRESENTATION
On or about October 14, 1942, the Union requested recognition from
the Company for the purposes of collective bargaining, but the Com-
pany refused to recognize the Union unless it had been certified by
the Board.
A statement of the Regional Director, introduced' in 'evidence at,
the hearing, 'indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.'
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 National Labor
Relations Act. •
IV. THE APPROPRIATE UNIT
The Union requested a unit of all, production and maintenance
employees of the Company employed in the mill, yard, and woods
operations, excluding. supervisory and clerical employees. The Com-
pany did not contest the appropriateness of the proposed unit.
We find that all production and maintenance employee's of the
Company employed in the mill, yard, and woods operations, exclud-
ing supervisory and clerical employees, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has,
arisen can best be resolved by an election by secret ballot. The Com-
3 The Regional Director's statement shows that the Union submitted 61 application-for-
membership cards, all of which bear apparently genuine original signatures, and 53 of
them bear the names of persons on the Company's pay roll dated November 10, 1942
The said pay roll contains the names of 76 persons within the appropriate unit
1262 DECISIONS OF NATIONAL,LABOR - RELATIONS BOARD
pany contends -that the election should be postponed because of an'
impending seasonal shut-down of the Company's operations with a
resulting turn -over among its personnel upon the resumption of
operations, which the Company anticipated might not occur until
the, middle of next April. It appears; however, that on account of
the present demand for lumber in the various war industries, the
Company is making every effort to operate its mill as near to capacity
as is possible without interruption. It further appears that the ma-
jority of the Company's employees' have their permanent residence
in Priest River,, Idaho, and regularly return upon the reopening of
the Company's operations . Under these . circumstances, we find that
an election should not be postponed . Since the record shows that the
Company was operating with a full crew a few days prior to the
date of the hearing, we shall provide that employees of the Company
eligible to vote in the election , shall be those in the appropriate unit
who were employed during the, pay-roll period immediately preced-
ing November 21, 1942, subject to the other 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 E. C. Olson
and Sons , Priest River , Idaho, 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 Relations Board, and, subject to
Article III, Section 10, 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
November 21, 1942, 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 tempo-
rarily laid off; but excluding employees who have since quit or been
discharged for cause to determine whether or not they desire to be
represented by International Woodworkers of America, Local 295,
affiliated with the C. I. 0., for the purposes of collective bargaining.