Irwin & Lyons Partnership

National Labor Relations Board - Board Decisions

Oct 26, 1943

53 N.L.R.B. 95 (N.L.R.B. 1943)

In the Matter of IRWIN & LYONS PARTNERSHIP and LOCAL 116
INTERNATIONAL WOODWORKERS OF AMERICA
Case No. 19-B-1173.-Decided October 06, 1943
Mr. William E. Walsh, of Marshfield, Oreg., for the Company.
Mr. A. F. Hartung, of Portland, Oreg., for the C. I. O.
Mr. J. W. Mclntwrff, of Marshfield, Oreg., for the A. F. of L.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 116 Internationl Woodworkers
of America, herein called the C. 1. 0., alleging that a question'affecting
commerce had arisen concerning the representation, of employees of
Irwin & Lyons Partnership, North Bend, Oregon, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Joseph D. Holmes, Trial
Examiner. Said hearing was held at Marshfield, Oregon, on Sep-
tember 16, 1943. The Company, the C. I. 0., and Local Union #2573
Lumber and Sawmill Workers, A. F. L., herein called the A. F. of
L., appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
All parties were-afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Irwin & Lyons is a partnership having its principal office and place
of business in North Bend, Oregon. The Company is engaged in
logging and lumber mill operations, maintaining three or four logging
camps and a lumber mill in the State of Oregon. Only its South
53 N. L. R. B., No. 20.
95
96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Coos River logging operation, located south of the Coos River, in
Oregon, is involved in this proceeding. The logs cut by the Company
are,converted into lumber, of which 95 percent is shipped to points
outside the State of Oregon.
II. THE ORGANIZATIONS INVOLVED
Local 116 International Woodworkers of America is a labor organ-
ization affi liated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Local Union #2573.Lumber and Sawmill Workers is a labor organi-
zation affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 20, 1943, the C. I. O. informed the Company that it repre-
sented a majority of the Company's employees at its South Coos River
logging operation, and requested a conference for the purpose of
negotiating a collective bargaining contract covering that operation.
The Company refused on the ground that it doubted the C. I. O.'s
majority.
A statement, of a Field Examiner of the Board, introduced.j evi-
dence at the hearing, indicates that the C. I. O. represents a sub-
stantial number of employees in the unit it alleges to be 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 parties are in agreement that all production and maintenance
employees of the Company at its South Coos River logging operation,
I The Field Examiner reported that the C. I O. presented 49 designations; bearing
apparently genuine signatures. Of the 49 designations submitted, 32, 1 dated in November
1942, 20 dated in July 1943, and 11 undated , bear the names of persons whose names appear
on the Company's pay roll of July 31, 1943. Said pay roll contains the names of 63 persons
within the alleged appropriate unit. At the hearing , the C. I. 0., in addition , submitted to
the Trial Examiner 15 applications for membership cards, bearing apparently genuine
signatures , of which 10 bear the names of persons whose names appear on the Company's
pay roll of July 31, 1943
The A. F. of L presented to the Trial Examiner , at the bearing , 15 cards, 9 of which
bearing apparently genuine sigmftures and dated September 15, 1943, bear the names of
persons whose names appear on the Company' s pay roll of July 31, 1943.
Counsel for the Company argued that the Field Examiner ' s statement had no probative
value ; that the Company had no information as to the authenticity of the designations
presented ; and that the Field Examiner is not subject to cross-examination , and on these
grounds objected to the introduction of that statement in evidence . The Trial Examiner
overruled the objection. We have heretofore affirmed the rulings of the Trial Examiner ;
we find the Company's contentions are without merit See Matter of Interlake Iron^C.orpo-
ration, AS N. L. R. B. 139; and Matter of Atla8 Powder Company, 43 N L. R B 757
IRWIN, & LYONS PARTNERSHIP 97
excluding supervisory and clerical employees, and temporary con=
struction workers at the Company's dam, constitute an appropriate
unit. However, they are in disagreement with respect to certain em-
ployees' supervisory status, and with regard to the inclusion or ex-
clusion of three truck drivers. The Company would exclude the camp
superintendent, the river foreman, the hook tenders and the bull buck
as supervisory employees; whereas the C. I. O. and the A. F. of L.
would include all but the camp superintendent. The Company and
the A. F. of L. would exclude the truck drivers on the ground that
they are not employees of the Company; whereas the C. I. O. would
include them.
The Company employs two or three regular hook tenders. Each of
these employees is in charge of a machine, and has supervision over a
crew normally consisting of seven or eight men. They work with their
respective. crews less than 50 percent of the time, and. they have the
authority to hire and discharge. The temporary book tenders, of
whom there are two, do not have the authority to hire or discharge,
and will be replaced by regular hook tenders as soon as the Company
is able to hire such persons. From the foregoing, it is clear that the
regular hook tenders are supervisory employees. The evidence adduced
in this proceeding does not establish the C. I. O.'s contention that hook
tenders have always, in accordance with industry custom, been in-
cluded in contract units.' Consequently, there is no reason here to
depart from our practice of excluding all supervisory employees who
fall within our customary definition; we shall therefore exclude hook
tenders. We shall not, however, exclude the temporary hook tenders
who appear not to possess the requisite supervisory states. Since the
bull buck and the river foreman have supervisory authority similar
to that of the hook tenders, we shall also exclude them.
The Company, at the present time, has oral agreements with certain
individuals for the hauling of logs on an hourly basis. The three
truck drivers engaged in hauling are paid by those individuals and
are not on the pay roll of the Company; the Company only directs
the drivers where to pick up and deliver the logs, and has no authority
to hire or discharge them. We conclude that the truck drivers are not
employees of the Company within the meaning of the Act. We shall,
therefore , exclude them from the unit.
We find that all production and maintenance employees of the Com-
pany at its South Coos River logging operation, including the tem-
2 See Matter of Row River Lumber Company , 30 N. L. R. B. 232, wherein the same
unions here involved agree to exclude the hook tender , and the Board excluded them ; and
Matter of Cuisttina '.others Lumber Company , 41 N. L. R. B 1243, in which there was
a dispute with regard to the hook tender , the C. I. 0. contending for his inclusion , and the
A. F. L. his exclusion. The Board excluded him, stating that he was "boss of the logging
crew" and that although it appeared that he occasionally did some physical work, he had
authority to hire and discharge.
98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
porary hook tenders, but excluding temporary construction workers
at the Company's dam, clerical employees, the three truck drivers, the
camp superintendent, the river foreman, regular hook tenders, the
bull buck, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees,, or effectively recommend such action, constitute
a unit appropriate for the purposes 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 em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of our Direction of Election,
subject to the limitations and additions set forth therein. o
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 Irwin & Lyons
Partnership, North Bend, 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, Sections 10 and 11,1of 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 employees, in the armed forces
of the United States who present themselves in person at the polls,
but excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by
Local 116 International Woodworkers of America, or by Local Union
#2573 Lumber and Sawmill Workers, A. F. L., for the purpose of
,collective bargaining, or by neither.
MR. GERARD D. REILLY took no.part in the consideration of the above
Decision and Direction of Election.