Guistina Brothers Lumber Co.

National Labor Relations Board - Board Decisions

Jun 25, 1942

41 N.L.R.B. 1243 (N.L.R.B. 1942)

In the Matter of GUISTINA BROTHERS LUMBER COMPANY, A TRADE
NAME, AND GEORGE GUISTINA, ERMINIO R. GUISTINA, JOHN Guls-
TINA, "ANSEL GUISTINA, NAT GUISTINA, MADELINE GIIISTINA, AND
DOROTHY GIIISTINA, PARTNERS and INTERNATIONAL WOODWORKERS
OF AMERICA, LOCAL UNION No. 5-246, C. I. O.
Case No. R-3849.-Decided June 25, 1942
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to grant petitioner recognition; collective bargaining contract terminable
on 30 days written notice, held no bar; election necessary.
Unit Appropriate for Collective Bargaining : employees of Company's logging
operations held to constitute an appropriate unit separate from sawmill and
planing mill employees, despite history of collective bargaining on Company-
wide basis, where logging site and mills were separated by 40 miles, location
of logging operations and sawmill had recently been moved, logging crew per-
sonnel had substantially changed as result of move, logging operations had
own seniority arrangement, and there was no interchange of employees be-
tween logging and the mills; bull buck and hooktender excluded from unit
as supervisory employes ; supervisory and clerical employees excluded.
Harris, Bryson d East by Mr. William G. East, of Eugene, Oreg.,
for the Company.
Mr. A. F. Hartung, of Portland, Oreg., and Mr. Max Gardiner,
of Eugene, Oreg., for the C. 1. 0.
Mr. C. P. Richards and Mr. ,William O. Kelsay, of Eugene, Oreg.,
for the A. F. of L.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Woodworkers of America,
Local Union No. 5-246, C. 1. O., herein called the C. I. 0., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Guistina Brothers Lumber Company,
Eugene, Oregon, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
41 N. L. R. B , No 229.
1243
1244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
before Louis S. Penfield, Trial Examiner. Said hearing was held
at Eugene, Oregon, on May 21, 1942. The Company, the C. I. 0.,
and Lumber & Sawmill Workers Union, Local No. 2574, and Willa-
mette Valley District Council (A. F. of L.), herein'collectively called
the A. F. of L., appeared and participated. All parties were afforded
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues.' The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. On June 8, 1942, the A. F. of L. filed a
brief which the Board has considered.
:Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Guistina Brothers Lumber Company is a co-partnership compris-
ing George Guistina, Erminio R. Guistina, John Guistina, Ansel
Guistina, Nat Guistina, Madeline Guistina, and Dorothy Guistina, en-
gaged in the logging, manufacture, and sale of lumber, and having its
principal place of business in Eugene, Oregon. During 1941 the
Company purchased machinery, equipment, and supplies valued in
excess of $100,000 for use in its logging and mill operations. Over
70 percent of these goods was purchased and shipped to the Company
from points outside the State of Oregon. During the same period,
the Company manufactured lumber valued at approximately $460,-
000, about 90 percent of which was shipped to points outside the
State of Oregon. The Company admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Woodworkers of America , Local No. 5-246, is a
labor organization affiliated with the Congress of Industrial Organi-
zations , admitting to membership employees of the Company.
Lumber & Sawmill Workers Union, Local No. 2574, and Wllla-
mette 'Valley District Council, are labor organizations affiliated with
the American Federation of Labor, admitting to membership employees
of-the Company.
IH. THE QUESTION CONCERNING REPRESENTATION
On November 7, 1941, the C. I. O. demanded recognition as bar-
gaining representative of the employees engaged in the Company's'
' Lumber and Sawmill Workers Union, Local No. 2611, ( A. F of L .) was also served
with notice of the bearing but did not appear
GUISTINA BROTHERS LUMBER COMPANY 1245
logging operations. The Company declined to recognize the C. I. O.
on the" ground that it had a contract with Locals 2574 and 2611 of
the Lumber & Sawmill Workers, recognizing those organizations as
bargaining agents of its employees on a Company-wide basis. This
contract, dated December 1, -1938, and effective 'from November 15,
1938, is terminable at any time on 30 days' written notice. By
identical supplemental agreements dated June 14, 1939, the Com-
pany contracted separately with Locals 2574 and 2611 to maintain
a "union shop." The A. F. of L. did not assert that these contracts
constitute bars to an election. We find that they do not constitute
such bars.
A report of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the C. I. O. represents a sub-
stantial number of employees in the unit which we hereinafter find
to be appropriate.2
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 Act.
IV. THE APPROPRIATE UNIT
The C. I. O. contends that all employees engaged in the Company's
logging operations, excluding supervisory and clerical employees,
constitute an appropriate unit. The A. F. of L. contends that only
a Company-wide unit is appropriate. The Company stated no
position.
The Company operates a logging camp at Gate Creek, Oregon, and
a sawmill and a planing mill at Eugene, Oregon, about 40 miles from
Gate Creek. Prior to November 1941, logging operations were car-
ried on at Dexter, Oregon. The sawmill was also located there.
Both operations were then approximately 25 "miles from Eugene and
about 40 miles from Gate Creek. Upon the exhaustion of the timber
at Dexter, logging operations were transferred to a new tract at
Gate Creek, a new sawmill was erected at Eugene, and all operations
at Dexter were abandoned. The planing mill has always been lo-
cated at Eugene. All employees at Dexter were given the oppor-
tunity to transfer to the new locations. Only 10 of the logging crew,
however, transferred to Gate Creek." Of the sawmill workers all
but three or four,of a crew of about 40 transferred. Seniority and
2 The C I 0 submitted to the Field Examiner 17 application- for-membership cards all
bearing apparently genuine original signatures. Eleven.of the signatures were the names
of persons on the Company 's November 45, 1941, pav' loll' listing 26 persons within the
appropriate unit At the hearing,, the C I. 0 submitted to the Trial Examiner 3.5
application-for-membership cards : 1 dated in march , 1 , in, August, and 6 in November,
1941 ; 17 in February and 10 in May, 1942 All We apparently genuine original sig'
natures Nineteen of the signatures were the names of persons on the Company s May 1,
1942, pay roll listing 34 employees in the appropiiate unit
1246 DECISIONS OF NATIONAL -LABOR -RELATIONS. BOARD
wage rates were unaffected by the shift,. ' Twenty-five to 30 new em-
ployees have since been hired for the logging operations.
In September 1936, the Company entered into a written agreement
with Local 2574 covering the employees in the Dexter sawmill. On
December 1, 1938, it signed a new contract recognizing Locals 2574
and 2611 as sole bargaining agents on a Company-wide basis. On
June 14, 1939, identical supplemental agreements setting up It "union
shop" were signed separately with Locals 2574 and 2611.
Seniority is on a departmental basis; the logging operations, the
sawmill, and the planing mill, each constituting a separate seniority
group. There is no interchange of employees among them.
Upon this record we are of the opinion and find that the logging
operations constitute a separate appropriate unit.
There is dispute between the two unions concerning the hook
tender,, whom the C. I. O. would include, and the A. F. of L. would
exclude as supervisory. The Company takes no position. The hook
tender is boss of the logging crew. Although it appears that occa-
sionally he may do some physical work, he has authority to hire and
discharge. He will be excluded from the unit.
Both unions agree, and we find, that the bull buck is a supervisor
with authority to hire and discharge, and should be excluded from
the unit.
We find that all employees engaged in the Company's logging oper-
ations, excluding supervisory and clerical employees, the hook
tender, and the bull buck, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Re-
lations Act, 49 Stat. 449, and pursuant., to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, it is hereby
GUISTINA BROTHERS LUMBER COMPANY 1247
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Guistina
Brothers Lumber Company, a co-partnership, comprising George
Guistina, Erminio R. Guistina, John Guistina, Ansel Guistina, Nat
Guistina, Madeline Guistina, and Dorothy Guistina, Eugene, 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 Direc-
tor 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 of the' Com-
pany in the unit found to be appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction of Election, 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
temporarily laid off, but excluding any 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 Union
No. 5-246, affiliated with the Congress of Industrial Organizations,
or by Lumber & Sawmill Workers Union, Local No. 2574, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither.