Fischer Lumber Co., Inc.

National Labor Relations Board - Board Decisions

May 13, 1941

31 N.L.R.B. 828 (N.L.R.B. 1941)

In the Matter of FISCHER LUMBER COMPANY, INC., and INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL No. 247 , AFFILIATED WITH THE
C.I.O.
Case No. R-2475.-Decided May 13, 1941
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question,: re-
fusal to accord union recognition; contract with organization no longer
in existence, no bar to ; no provision made on ballot for organization no longer
in existence; election necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company, in-
cluding those employed in the sawmill, the planing mill , and the woods
operation, but excluding supervisory and office employees and independent
contractors and their employees ; agreement as to.
Mr. William G. East, of Eugene, Oreg., for the Company.
Mr. Hale G. Thompson, of Eugene, Oreg., for the I. W. A.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 14, 1941, International Woodworkers of America,
Local No. 247, affiliated with the C. I. 0.,1 herein called the I. W. A.,
filed with the Regional Director for the Nineteenth Region (Seattle,
Washington) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Fischer
Lumber Company, Inc., Marcola, Oregon, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49 1
Stat. 449, herein called the Act. On March 17, 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 authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
'Incompletely designated in the petition as international Woodworkers of America,
C. I.. O.
31 N. L. R. B., No. 136.
828
FISCHER LUMBER COMPANY, INC. 829
On March 25, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the
I. W. A.2 Pursuant to notice, a hearing'was held on April 10, 1941,
at Eugene,,Oregon, before Robert L. Condon, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
the I. W. A. were represented 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.
At the hearing the I. W. A. moved that, it be the only labor organi-
zation named on the ballot in any election to be ordered by the Board.
The Company objected to this motion and moved that Local 2525
be granted a place on the ballot in, any such election. The Trial
Examiner reserved ruling on these motions. The motion of the
I. W. A. is hereby granted and the Company's objection' overruled
and its motion hereby denied. During the course of the hearing the
Trial Examiner made several rulings on other motions and on objec-
tions to 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
Fischer Lumber Company, Inc., an Oregon corporation with its'
principal place of business at Marcola, Oregon, is engaged in the
manufacture and sale of lumber. During 1940 the Company pro-
duced lumber in the value of approximately $450,000, of which
approximately 85 per cent was shipped outside the State of Oregon.
II. THE ORGANIZATION INVOLVED
International Woodworkers of America, Local No. 247, affiliated
with the Congress of Industrial Organizations is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
A
On December 19, 1940, the I. W. A., claiming to represent a
majority of the employees of the Company, requested recognition as
exclusive bargaining agent and sought a meeting with the Company
2 Lumber and Sawmill Workers Local Union No 2525, chartered by the Carpenters and
Joiners of America, herein called Local 2525, and the Willamette Valley District Council of
Lumber and Sawmill Workers were notified of the proceedings but did not appear at the
heaiin¢ or otherwise participate in the proceeding
830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to negotiate a bargaining agreement. On January 15, 1941, the
Company replied that owing to the 1xistence of a contract between
the Company and ' Local 2525, the Company was unable to deal
with the I. W. A. '
By contract, dated April. 24, 1939, the Company recognized Local
2525 as the exclusive representative for the employees of the Com-
pany. The contract was of indefinite duration and provided that
it -might be terminated upon thirty days' written notice by either
party. No such notice has been given. It appears that Local 2525
has not carried on any negotiations with the Company since Novem-
ber- 1939; has held no regular meetings since 'April 1940; and has been
generally inactive. Although the charter has not been revoked 3
no dues have been paid to Local 2525 for over a year and all the
memberships therein have lapsed. No officers have been elected
since-June 1939. We find that Local 2525 is no longer in existence
as a functioning representative of employees under the contract and
that' the contract does not bar a present determination of represent-
atives.
'At the hearing a report prepared by the-Field Examiner was intro-
duced in evidence showing that the I. W. A. represents a substantial
number of employees in the unit found in Section V. infra, to be
appropriate.4
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 com-
merce and the free flow of commerce.
' There is testimony in the record that although the president of Willamette Valley Dis-
trict Council asked for the return of the charter , it was not returned to him
4 The statement of the Field Examiner concerning the claims of authorization for the
purpose of representation shows that the I W. A submitted to him 73 membership appli-
cation-authorization cards, all bearing apparently genuine original signatures , 66 of which
are names appearing on the Company's pay roll of February 7, 1941. All.of these cards
are dated between September 11 and December 17, 1940 , inclusive
At the bearing the I W. A. submitted to the Trial Examiner 26 membership application-
authorization cards, all bearing apparently genuine original signatures , 23 of which are
names appearing on the Company's pay roll of April 8 , 1941. All these cards are dated
between January and April 1941 inclusive
According to the Company 's pay roll of April 8, 1941, there are approximately 133 per-
sons within the unit claimed to be appropriate
FISCHER LUMBER COMPANY; INC. 831
V. THE APPROPRIATE UNIT
At the hearing the parties agreed, and we find, that all the em-
ployees of the Company , including those employed in the sawmill,
the planing mill, and the woods operation , but excluding supervisory
and office employees and-independent contractors and their employees,
constitute a unit appropriate for the purposes of collective bargaining.
We further find that said unit will insure to employees of , the
Company the full - benefit of their right to self-organization and col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. We shall direct that those eligible to vote
in the election shall be the employees within the appropriate unit
who were employed by the Company during the pay-roll period
immediately preceding the date of the Direction of Election, subject
to such limitations and additions as are set forth in the Direction.
In view of our findings in Section III supra concerning the present
status of Local 2525,,we shall make no provision for the appearance
of its name on the ballot.
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 Fischer Lumber Company, Inc., Marcola,
Oregon, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All the employees of the Company, including those employed
in the sawmill, the planing mill, and the woods' operation, but
excluding supervisory and office employees and independent con-
tractors and their employees, constitute a unit appropriate for the
purposes ' of collective bargaining within the meaning of Section
9 (b) of the 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
Relations Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2. as amended.
it is hereby
832 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for"the purposes of collective bargaining
with Fischer Lumber Company, Inc., Marcola, 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 of Election,
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 the
said Rules and Regulations, among all the employees of the Company
who were employed during the pay-roll period immediately pre-
ceding the date of this Direction, including those employed in the
sawmill, the,planing mill, and the woods operation, and 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 supervisory and
office employees and independent contractors and their employees,
and those who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented for the purposes
of collective bargaining by International Woodworkers of America,
Local No. 247, affiliated with the Congress of Industrial
Organizations.