Ewauna Box Co.

National Labor Relations Board - Board Decisions

Oct 20, 1942

44 N.L.R.B. 1369 (N.L.R.B. 1942)

In the Matter of EWAUNA Box' COMPANY and LOCAL 6-12, INTERNA-
TIONAL WOODWORKERS OF AMERICA, C. I. O.
Case No. R-4311.Decided October 20, 1942
Jurisdiction : lumbering industry.
Investigation and Certification of Representatives : existence of question: fail-
ure to reply to union's request for recognition ; election necessary.
Unit Appropriate for Collective Bargaining : production, maintenance, railroad,
and cool-:k hone employees in logging department, including scalers, but ex-
cluding the superintendent, the assistant superintendent, and the timekeeper
Mr. William, Kuykenclal li, of Klamath Falls, Oreg., for the Com-
pany.
Mr. George Brown, of Klamath Falls , Oreg., for the Union.
Miss Marcia Hertrm.ark, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 6-12, International Woodwork-
ers of* America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation,
of employees of Ewatma Box Company, Klamath Falls, Oregon,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before John E.
Hedrick, Trial Examiner. Said hearing was held at Klamath Falls,.
Oregon, on September 25, 1942. The Company and the Union ap-
peared, participated, and 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.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Ewauna Box Company is an Oregon corporation engaged in the
manufacture of lumber and box shooks, and in logging operations.
44 N. L. R B, No. 254
1369
1370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Its manufacturing plant is located at Klamath Falls, Oregon, and
its log supplies are obtained in Lake County and Klamath County,
Oregon. Only the employees of its logging operations are involved
herein., All logs cut in the Company's logging camps are used by
the Company in its manufacturing operations. During the period
of 1942 prior to the hearing 'the Company produced approximately 30
million board feet of lumber and shooks, almost all of which was
shipped outside the State of Oregon. The Company employs sales-
men who travel throughout the United States, and it receives and
fills mail orders for its products.
II. THE ORGANIZATION INVOLVED
Local 6-12, International Woodworkers of America, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union began organizing the employees of the Company's log-
ging operations in April 1942. On August 14, 1942, the Union in-
formed the Company that it represented a majority of the logging
employees and that it desired to discuss collective bargaining on
behalf of such employees. The Company had made no response to
this request when the Union filed its petition herein.
A statement of a Field Examiner, introduced in evidence at the
hearing, shows that the Union represents a substantial number of
employees in the agreed unit.,
We find that a question affecting com, inerce 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
We find, in accordance with the desires of the parties, that all pro-
dduction, maintenance, railroad,2 and cook-house employees in the log-
ging department of the Company, including scalers, but excluding the
superintendent, the assistant superintendent, and the timekeeper, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
I The Field Examiner reported that the Union submitted 82 application cards, all bearing
apparently genuine, original signatures and 66 bearing names on the Company's pay roll
of August 15, 1942. There are approximately 145 employees involved herein.
2 The employees so designated are presently engaged in building a railroad to one of the
Company ' s camps. Upon completion of this project, within about 30 days , these employees
will be transferred to another camp where they will be used to maintain track and perform
other duties.
EWAUNA BOX COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
1371
We -find that the question concerning representation which has
:arisen can best be-resolved by an election by secret ballot. The parties
.agreed that a current pay roll should be used to determine those eligible
to vote. We shall direct that the 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 preceding the date
oof 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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby I
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ewauna 'Box
Company, Klamath Falls, Oregon, 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 9, 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 any such 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 tempo-
rarily laid off, but excluding any who have since quit or been dis-
-charged for cause, to determine whether or not they desire to be repre-
sented by Local 6-12, International Woodworkers of America, C. I. 0.,
for the purposes of collective bargaining.
0
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.