Gordon Hill

National Labor Relations Board - Board Decisions

Feb 16, 1942

38 N.L.R.B. 1276 (N.L.R.B. 1942)

In the Matter of GORDON HILL and GENERAL TEAMSTERS , LOCAL No.
162, (A. F. L.)
Case No. R_458. -Decided February 16, 194.
Jurisdiction : lumber hauling industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all employees excluding super-
visory and office employees.
Definitions : operators of trucks used in performance of contract with third party
held not to be employees of third party or bound by collective bargaining
agreement between third party and intervening labor union.
Mr. Gordon Hill, of Taft, Oreg., pro se.
Mr. W. J. McDermott, of Portland, Oreg., for the Teamsters.
Mr. A. F. Hartumg, of Portland, Oreg., for the I. W. A.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 21, 1941, General Teamsters, Local 162 (A. F. L.),
herein called the Teamsters,' filed with the Regional Director for
the Nineteenth Region (Seattle, Washington) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Gordon Hill, of Taft, Oregon, herein called
Hill, and requesting an investigation and certification of represent-
atives, pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On December 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 authorized the Regional
'At the hearing the full name of the Teamsters was stated to be "General Teamsters,
Local 162, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers, A. F of L "
38 N. L. R. B, No. 226.
1276
OORDON HILL 1277
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On January 5, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon Hill, the Team-
sters, and upon International Woodworkers of America (C. I. 0.),
herein called the I. W. A., a labor organization claiming to repre-
sent employees directly affected by the investigation. Pursuant to
notice, a hearing was held on January 13, 1942, at Portland, Oregon,
before Harry George, the Trial Examiner duly designated by. the
Chief Trial Examiner. All parties were represented, and partici-
pated 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 hearing the Trial Ex-
aminer made rulings on the admission of evidence. The Board has re-
viewed the. rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF HILL
Gordon Hill is a private individual doing business under his own
name in the vicinity of Taft, Oregon. His principal business is the
operation of a fleet of eight lumber trucks hauling forest products
such as wood, fuel; and lumber. Hill is presently engaged in executing
a contract for the Taft Lumber Company, Taft, Oregon, to haul its
entire output of lumber which amounts to approximately 3,000,000
board feet of lumber per month.2 Approximately 20 percent of the
lumber so hauled is transported to points outside the State of Oregon.
He employs approximately twelve employees.
Hill admits that he is engaged in commerce within the meaning of
the Act.
IT. THE ORGANIZATIONS INVOLVED
General Teamsters, Local 162, is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of Gordon Hill. -
Local 5-63', International Woodworkers of America is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of Gordon Hill.
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before the filing of the petition herein, the Teamsters and
the I. W. A. each demanded that Hill recognize it as the sole collective
R Hill also does trucking for 8 other companies, which accounts for about 25 percent of
Hill's business.
1278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargaining agent for all his employees. Hill refused to recognize
either union unless certified by the Board. '
On January 6,1941, the I. W. A. entered into,a collective bargaining
agreement with the Taft Lumber Company in which the I. W. A.'was
recognized as the exclusive representative of "all employees retained
by" the Lumber Company. The contract further provided that its-
terms apply to all employees of the Lumber Company "whether hired
directly or indirectly." This contract was renewed on its expiration
date, April 1,1941, and, is effective until April 1, 1942.
The I. W. A. contends that its contract with the Taft Lumber Com-
pany constitutes a bar to the present proceeding for certification, on,
the ground that the employees here concerned are the employees of
the Taft Lumber Company and not Hill. The only connection between
Hill and the Taft Lumber Company is that Hill has a contract to haul
the entire output of the Lumber Company's mill, using his own equip-
ment and choosing'his own means and employees to do the job. It
does not appear that the Taft Lumber Company has any control over
the employees of Hill or that any of Hill's employees have been hired
directly or indirectly by the Taft Lumber Company. Hill pays his
own social security taxes and unemployment insurance on his em-
ployees. Moreover, it appears that 25 percent of Hill's business con-
sists of 'trucking for eight other companies aside from the Taft Lum-
ber Company, and that he is privileged to take other jobs and use any
part of his equipment thereon, notwithstanding his contract with the
Lumber Company.
We' are of the opinion and find that the employees here involved are
the employees of Hill rather than of the Taft Lumber Company and
that they are not included among the "employees retained by" the
Taft Lumber Company within the meaning of the contract between
the I. W. A. and the Taft Lumber Company.3 We conclude, therefore,
that there is no bar to the present proceeding for certification of rep-
resentatives for collective bargaining.
At the hearing there was introduced in evidence a report of a Field
Examiner showing that each union represented a substantial number
of the employees in the appropriate Unit .4
We find that a question has arisen concerning the representation of
employees of Gordon Hill.
8 Matter of Jalmer Berg, an individual, and Lumber and Sawmill Wei kers Union, Local
#2667, 35 N L R B, No' 74.
4 The Teamsters submitted to the Field Examiner 4 signed applications for membership
of which 3 were dated November 17, 1941, and 1 dated November 18, 1941 The Teamsters
also submitted membership records indicating that 5 of the persons whose names were
on the list of 13 submitted by Hill were dues-paying members at the time when , presented
The I W A submitted 12 application-for-membership cards, of which 8 bore the names
of persons which were on the list submitted by the employer. All the cards submitted by
the I W A were dated in September and October 1941.
,The Field Examiner tucther reported that 5 bf the persons whose names were on the list
oibmrt : ed by the employer appeared to have designated both organizations
GORDON HILL 1279
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 Hill, described in Sec-
tion I above, has a close, intimate and substantial relation to trade,
traffic, and commerce among the several States and tends to lead Ito
labor disputes burdening and obstructing commerce and the free flow
of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated at the hearing that the appropriate unit
should consist of all employees of Gordon Hill excluding supervisory
and office employees.
In accordance with the stipulation, we find that all employees of
Gordon Hill, excluding supervisory and office employees, constitute
a unit appropriate for the purposes of collective bargaining. We
further find that said unit will insure to employees of Gordon Hill the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the representa-
tion of employees of Gordon Hill can best be resolved by an election
by secret ballot. Accordingly, we shall direct that the employees of
Gordon Hill eligible to vote in the election shall be those in the appro-
priate unit who were employed during the pay-roll period unmediately
preceding the Direction of Election herein, subject to limitatioic and
additions set forth in the Direction.
CONCLUSIONS OF LAW -
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Gordon Hill, Taft, Oregon, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All the employees of Gordon Hill, excluding supervisory and office
employees, constitute a unit appropriate 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 Relations
Act, and pursuant to Article III, Section S, of National Labor Rela-
1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions 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 Gordon Hill, Taft, 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 all the employees
of Gordon Hill who were employed during the pay-roll period imme-
diately preceding the date of this Direction of Election , including those
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 those who have since quit or been discharged for
cause, to determine whether they desire to be represented by General
Teamsters , Local 162 (A . F. L.), or by Local 5-63, International
Woodworkers of America (C. I. 0.), for the purposes of collective
bargaining , or by neither.