Jones Lumber Co.

National Labor Relations Board - Board Decisions

Oct 21, 1937

3 N.L.R.B. 855 (N.L.R.B. 1937)

In the Matters of JONES LUMBER COMPANY , WEST OREGON LUMBER
COMPANY, CLARK & ' WILSON LUMBER COMPANY , B. F. JOHNSON
LUMBER ' COMPANY , PORTLAND LUMBER MILLS , INMAN-POULSEN
LUMBER COMPANY , and EASTERN & WESTERN LUMBER COMPANY
and COLUMBIA ' RIVER DISTRICT ' COUNCIL OF LUMBER AND SAWMILL
WORKERS' UNION No. 5, ETC., et al.
Cases Nos. R-290 to R-2901, inclusive
Decided October 21, 1937
Lumber Industry-Investigation of Representatives : controversy concerning
representation of employees : refusal by employer to recognize and bargain with
union until question of representation is determined by, Board-Unit Appropri-
ate for Collective Bargaining : plant and production employees ; functional co-
herence ; history of collective bargaining 'with employer ; • eligibility for mem-
bership in petitioning union ; wage differentials ; established labor organizations
among employees-Representatives : proof of choice : petition designating union
as exclusive bargaining agency ; applications for membership in union ; com-
parison of said petition and applications with pay roll-Certification of Repre-
sentatives : upon proof of majority representation.
Mr. E. J. Eagen and Mr. Thomas P. Graham for the Board.
Carey, Hart, Spencer d McCulloch, by Mr. Charles E. McCulloch,
Mr. Philip Chipman, and Mr. Thomas B. Stoel, Jr., of Portland, Ore.,
for the Companies.
Houghton, Cluck c6 Coughlin, by Mr. Paul Coughlin, of Seattle,
Wash., for Lumber & Sawmill Workers' Union, Local No. 3.
Mr. C. W. Robison and Mr. Fred Jensen, of Portland, Ore., for
United Brotherhood of Carpenters and Joiners of America, Local
No. 2532, and International Brotherhood of Teamsters, Chauffeurs,
Stablemen and Helpers, Local No. 162.
Mr. Harry Cooper, of counsel to'the•Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT • OF THE CASE
On September, 1, 1937, the, Columbia, River District Council of
Lumber and Sawmill Workers' Union No. 5, herein called the
Council , on behalf of the Lumber and Sawmill Workers' Union,
855
856 NATIONAL LABOR RELATIONS BOARD
Local No. 3 , herein called Local No. 3 , filed seven separate petitions
with the Regional Director for the Nineteenth Region ( Seattle.
Washington ) alleging that questions affecting commerce had arisen
concerning the representation of employees of Jones Lumber Com-
pany, Clark & Wilson, Lumber Company ,. Portland Lumber Mills=
Inman Poulsen Lumber Company , and Eastern &, Western Lumber
Company, all ,of Portland , Oregon, and B. F. Johnson Lumber Com-
pany and West Oregon Lumber Company , both of , Linnton, , Oregon,
herein ,collectively ,called ,the Companies , and, requesting the, National
Labor Relations Board, herein called the, Board , to. conduct an in-
vestigation pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat . 449, herein called'the Act. '-'On September 6, 1937, the
Board, acting pursuant to Section 9 (c) of the Act, and Article III,
Section 3 of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, authorized the Regional Director., to
conduct an ` investigation and to 'provide for ' an appropriate ' hearing;
and 'the Board ' further ' ordered'; pursuant to Article III, Section
10, (c) (2 ) of the Rules, and Regulations ,`Series 1,, as amended, that
the. seven cases be consolidated for the, purposes of the hearing.,, ,On
September 9, 1937, the Regional Director issued a notice of hearing..
to"be held at Portland , Oregon; ' on September 16, 1937, copies 'of
which' were duly served upon the Companies , 'u"pon Local No. A arid'
upon the International Brotherhood of Teamsters, Chauffeurs , Stable-
men, and , Helpers, ,Local No. • 162, ,herein called the Teamsters, And
upon the United Brotherhood of Carpenters ,and, Joiners of^America,
Local No. • • 2532, herein called Local No. 2532 , labor organizations,
named in the petitions as claiming to represent employees , of the
Companies . On September 11, 1937, notice,of postponement of the
hearing to September 20 was, duly - served .upon .the parties.
Pursuant to the notice , a hearing was held at Portland, Oregon;,on
September 20, 21, 1 and 22, 1937 , before William P. Webb, the Trial'
Examiner duly , designated by the 'Board : ' Counsel ; for the Companies,
appeared only for the purpose of assisting in the introduction . in; evi-
dence of stipulations between the Board and,the Companies , and for
the purpose of stating the Companies' position on the matter of
representation . Full opportunity to be' heard, to examine and to
cross-examine witnesses , and to introduce evidence bearing on the
issues was afforded all parties.
During the hearing counsel for the Teamsters and Local 2532
filed a written motion to dismiss , the., petitions on the grounds (1)
that the Board had no jurisdiction for the reason that the members
of`L'`ocal 3 were still members of Local 2532; '(2) that'the petitions
were vague and indefinite and set forth f nof specific fact 's;' and'` (3)
that ' Local No . 3 was ' not a ' representative " within' ' the ' meaning of
DECISIONS AND ORDERS 857
Section 2, subsection (4) of the Act. Ruling upon this motion vas
reserved by the Trial Examiner. For the reasons set forth in' Sec-
tion III below, the motion is hereby denied. Objections to: the
introduction of evidence were made during the course of the hearing
by counsel for the parties. The Board has reviewed the rulings of
the Trial Examiner, and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed. - Subsequent to the con-
clusion of the hearing Local No. 3 and Local No. 2532 filed briefs
which we have considered.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
I. THE COMPANIES AND THEIR BUSINESS'
The business of all seven companies is the manufacture and sale
of lumber and wood products. Jones Lumber Company, West
Oregon Lumber Company, B. F. Johnson Lumber Company, Port-
land Lumber Mills, Inman-Poulsen Lumber Company, and Eastern
& Western Lumber Company are all Oregon corporations. Clark &
Wilson Lumber Company is a Delaware corporation., B. F. Johnson
Lumber Company and West Oregon Lumber. Company are located
in Lili nton, Oregon. The other companies are located in Portland,
Oregon. All of the plants: are on the Willamette River. ,
Five of the mills engage in no logging operations. , Clark &
Wilson Lumber Company does logging. in Oregon. Eastern & West-
ern Lumber Company does logging in Oregon and in Washington.
All the logs used by Clark & Wilson Lumber Company and Portland
Lumber Mills come from Oregon. The following percentages of
logs used by the other companies come from Washington :
B. F. Johnson Lumber Company______________________ 5 per cent
Jones Lumber Company_____________________________ 2 per cent
West Oregon Lumber Company --------------- --------- 5 per cent
Eastern & Western Lumber Company________________ 10 per cent
Inman-Poulsen Lumber Company____________________ 25 per cent
The following percentages of lumber soldby the several-Companies
go to states outside of Oregon :
Clark & Wilson Lumber Company__ ___________________ 90 per cent
Eastern & Western Lumber Company__________________ 85 per cent
Inman-Poulsen Lumber Company_____________________ 70 per cent
B. F. Johnson Lumber Company______________________ 99 per cent
Jones Lumber Company______________________________ 70 per cent
Portland Lumber Mills------------------------------- 75 per cent
West Oregon Lumber Company_______________________ 90 per cent
1 The facts concerning the Companies and their business are taken from a stipulation
between the Board and the Companies , which was introduced in evidence at the hearing
Board 's Exhibit No 2.
858 NATIONAL LABOR RELATIONS BOARD
All plants have railroad sidings in their plants. Cars are loaded
directly from shipping sheds or storage yards by employees of the
Companies. Ocean-going vessels load at all plants except that of
Jones Lumber Company. At the latter plant, barges load at the
plant to convey lumber to ocean-going vessels. The Companies sell
the following percentages of their lumber to or through brokers
located outside of Oregon :
Clark,& Wilson Lumber Company______________ 40 per cent
Eastern & Western Lumber Company ----------- No figures available
Inman-Poulsen Lumber Company_________ ______ Less than 10 per cent
B. F. Johnson Lumber Company________________ 10 per cent
Jones Lumber Company_______________________ 7 per cent
Portland Lumber Mills------------------------ 5 per cent
West Oregon Lumber Company________________ 40 per cent
The following percentages of lumber are sold to brokers located in
Oregon :
Clark & Wilson Lumber Company______________ 50 per cent
Eastern & Western Lumber Company ----------- No figures available
Inman-Poulsen Lumber Company --------------- 75 per cent
B. F. Johnson Lumber Company_______________ 39 per cent
Jones Lumber ' Company_______________________ 63 per cent
Portland Lumber Mills------------------------ 85 per cent
West Oregon Lumber Company ----------------- 20 per cent
The following percentages of lumber which goes to other states,
arrives in those states without reloading from barge, car or truck :
Clark & Wilson Lumber Company_____________________ 98 per cent
Eastern & Western Lumber Company __________________ 80 per cent
Inman-Poulsen Lumber Company_____________________ 65 per cent
B. F. Johnson Lumber Company______________________ 89 per cent
Jones Lumber Company______________________________ 40 per cent
Portland Lumber Mills------------------------------ 70 per cent
West Oregon Lumber Company_______________________ 85 per cent
II. THE ORGANIZATIONS INVOLVED
A. Lumber and Sawmill Workers' Union, Local No. 3
Local No. 3, on whose behalf the Council filed the petitions in
this case, is a labor organization affiliated with the International
Woodworkers of America, herein called the I. W. A., which is in
turn affiliated with the Committee for Industrial Organization
herein called the C. I. O. The Council is an intermediate regional
body which acts for approximately 41 local unions similar to Local
No. 3. The membership of Local No. 3 is made up of all classes
of plant and production employees except office employees of the
seven companies named in the petitions.
DECISIONS AND ORDERS 859
B. The American Federation of Labor unions
The Teamsters' is a labor' organization affiliated with the Inter-
national Brotherhood of Teamsters, Chauffeurs, Stablemen, and
Helpers, which is in turn affiliated with the American Federation of
Labor, herein called the A. F. of L. Local No. 2532 is a labor
organization affiliated with the United Brotherhood of Carpenters
and Joiners of America, herein called the Carpenters, which is in
turn affiliated with the A. F. of L.2 Local 2532 apparently admits
to memberships all plant and production employees. The secretary
of Local 2532 testified that its membership, in addition to himself,
consisted of "quite a few".
III. THE QUESTION CONCERNING ' REPRESENTATION
From 1933 to September 1935, the production and plant employees
of the Companies were organized in a Federal Union, herein called
old Federal- Union, directly affiliated with the A. F. of L. In Sep-
tember 1935, the old Federal Union, upon order of the executive
council of the A. F. of L., affiliated with the Carpenters. The old
Federal Union then became Local, No. 2532. During the period of
a year before July 1937, Local No. 2532 was affiliated with an inter-
mediate regional body, the Columbia River District Council of
Lumber and Sawmill Workers, herein called old Council, and was
represented by an international organization, the Federation of
Woodworkers, herein called the F. of W. The old Council and
F. of W. operated within the Carpenters.3
The old Federal Union had been promised an international charter
by the A. F. of L. Members of Local No. 2532 testified that they
were dissatisfied with the alleged organizational -inactivity of the
Carpenters. The seating of delegates from Local No. 2532 and other
locals within the F. of W. was objected to at. the Carpenters' Florida
convention held at Lakeland, Florida, in December 1936. It also
appears that Local No. 2532 was involved in jurisdictional disputes
within the A. F. of L. and was dissatisfied with its lack of autonomy
within the Carpenters' organization.
On June 7, 1937, the F. of W. passed a resolution providing for
a ballot of its membership on the question of affiliation with the
C. I. O. On June 19, 1937, Local No. 2532,, upon motion duly made,
unanimously concurred in this resolution. Thereafter the members
of Local No. 2532 registered their desire for affiliation with the
2 It is not clear from the record whether Local No 2532 is a continuation of the
organization known as Local 2532 prior to August 14, 1937, or whether it is a new
organization . The secretary of Local 2532 testified that Local 2532 had not yet received
a charter from the Carpenters at the time of the hearing.
The old Council later affiliated with the I . W. A. and became the Council.
860 NATIONAL LABOR RELATIONS BOARD
C. I. O. by -a'vote of approximately 1700 to 400. The ballots were
counted at the Tacoma convention of the F. of W. in the middle of
July, together with ballots from other locals. , The F. of W. at this
convention passed a resolution for affiliation with the C. I. O. by a
vote of approximately 365 to 70. ' A',charter from the C. I. O. was
installed at this convention, whereupon the body, theretofore known
as the 'F. ,of W' became the I. W. A. Local No. 2532 applied for a
charter from the I. W. A. which was received on August 5, 1937. On
August 14, 1937, after considerable discussion and upon a motion
duly made, the charter was installed. Thereupon the employees
theretofore members of Local ' No 2532 became members of Local
No. 3.
It is the contention of, counsel for the Teamsters and Local No.
2532 that the members of Local No. 2532 never affiliated with the
I. W. A. No'evidence of any consequence was offered in support of
this contention.
' There is testimony 'in the record that, Mr. Jones of the Jones
Lumber Company stated that he would close his plant if his em=
ployees became affiliated with the' C:'-I. O. On August 16, 1937,
and within 'three or four' days thereafter, all the plants concerned
herein' except one were closed down, the evidence showing that the
plalits were each' picketed by one A. F. of L. picket. On August 23,
1937, Local No. •3 notified the Companies that the organization repre-
senting 'their employees had been changed from Local No. 2532 to
Local No. 3 and, that the employees were ready to continue to work
under the terms existing previous to August 14, 1937.
Charges under the Act were filed by Local No. 3 against the Com-
panies with the Regional Director of the' Nineteenth Region and a
conference took place-in his office on August,27, 1937. At this meet-
ing local represen'tatives' of the A. F. of L. presented written docu-
ments stating their refusal to meet with Local No. 3. Local No. 3
requested that the plants be opened. An' understanding was reached
at the conference' whereby the Companies agreed to resume operations
August '30,, 1937,' and to leave the question ' of representation to the
Board. The plants were opened August 30, 1937. The,mills ran
the week of^August 30, 1937, and then started to close down, one at
a time.. - At the time of the hearing all were `closed except the Inman-
Poulsen' Lumber Company.
Local No.' 3 claims' to represent 90 per cent of the plant and pro-
duction'employees except office employees in'each'of the seven com-
panies. The Teamsters and Local No. 2532 are named in the petition
as also claiming to represent these employees.4
4 It appears from the record that a controversy exists between the Teamsters and
Local No 2532 which is strictly jurisdictional and is therefore outside the scope of
this decision.
DECISIONS AND ORDERS, 861
Counsel for the, Companies stated twice during the hearing that
the Companies would not deal with any organization until the ques-
tion of representation was settled , and that the Companies were will-
ing to recognize the organization certified by the Board.
We find that a question has arisen concerning the representation
of the employees of the Companies.
IV. THE APPROPRIATE UNITS
The Eastern & Western Lumber Company has a total of approxi-
mately 452 production - and plant , employees , inclusive of • approxi-
mately 9 foremen and exclusive of office employees . The Inman-
Poulsen Lumber Company has' a total ' of approximately 596' such
employees , inclusive of approximately ' 18 foremen and exclusive of
office employees . The total for the latter company also excludes
about 40 construction millwrights who at the time of the hearing
were employed on a'temporary construction job at the plant. The
Clark & Wilson Lumber Company has a total of approximately 620
plant employees , inclusive of approximately 9 foremen and approxi-'
mately 20 employees in the shingle mill and exclusive of 'office em-
ployees. The Jones Lumber Company has a total of approximately
269 production and plant employees, inclusive of 'approximately 3
foremen and exclusive of office employees :' The West Oregon Lum-
ber Company has a total of approximately 391 production acid plant
employees, inclusive of approximately 16 foremen and 'exclusive of
office employees . The Portland Lumber Company ' has a total of
approximately 184 production and plant employees, inclusive of
approximately 6 foremen and exclusive of office ' employees . ' The F.
B. Johnson Lumber Company has a total of approximately 60 pro-
duction and plant employees ; inclusive of 2 foremen and exclusive
of office employees.
The Eastern & Western Lumber Company has the following main
departments : ( a) sawing, ( b) planing mill , ( c), dry kiln, ( d) stor-
age, yards and sheds , '(e) lath-mill, ( f) shipping , (h) sales, (i) fuel,
(j) retail . The other companies have in general ' similar depart-
ments. The Clark & Wilson Lumber Company has the only shingle
mill. The Jones Company does not have a' fuel department: The
West Oregon Company has neither a lath mill nor a retail department.
The Portland Lumber and F. B: Johnson Companies have neither
a dry-kiln nor a lath -mill. ' '
All departments are necessary for the completion of the lumbering
operation from the time the log is taken from the river to the time
the lumber is ready for shipment or retail sale. ' The operations in
the plants have a functional coherence. '
862 NATIONAL LABOR -RELATIONS BOARD
All classes of plant and production employees, including foremen,
with the exception of office employees and supervisory employees
other than foremen, and in the case of the Clark & Wilson Lumber
Company with the exception of the shingle-weavers, bargained with
the Companies through the old Federal Union and Local No. 2532
prior to August 14, 1937.
All classes of the aforesaid employees are members of Local No. 3.6
Local No. 3 claims that the appropriate units for the purposes of
collective bargaining are the plant and production employees, includ-
ing foremen, of each company, with the exception of office employees
and supervisory employees other than foremen. The only objection
to this contention took the form of objection by counsel for the A. F.
of L. unions to admission of testimony regarding the appropriateness
of the retail department employees of the Eastern & Western Lum-
ber Company in the claimed bargaining unit. It appears that the
retail department is an integral part of the plant. It further ap-
pears,that employees of that department have sometimes worked in
other departments. The retail employees have always bargained
through the same organizations which represented the other em-
ployees. The employees of the retail department will therefore be
included in the bargaining units.
No other objection to the claim of Local No. 3 is made. Local
No. 3 asks that the foremen be included in the bargaining units.
Foremen have in the past bargained through the same organizations
which represented the other employees. Foremen are members in
Local No. 3. No objection being made, the foremen will be in-
cluded, in the bargaining units.
Local No. 3 does not claim the temporary construction millwrights
employed by the Inman-Poulsen Lumber Company. Furthermore,
it does not claim the shingle-weavers employed by the Clark &
Wilson Lumber Company. There is testimony that the shingle-
weavers have their own log pond, that their work is altogether
different from that of the other employees, and that their rates of
pay are different. The shingle-weavers have a union of 'their own.
For the above reasons the temporary construction millwrights em-
ployed by the Inman-Poulsen Lumber Company and the shingle-
weavers employed by the Clark & Wilson Lumber Company will not
be included in the bargaining units.
In order to insure to the employees of the Companies the full bene-
fit of their right to self-organization and collective bargaining, and
otherwise to effectuate the policies of the Act, we find that all of the
plant and production employees of each. Company, including fore-
men, except office employees and supervisory employees other than
5In the case of the Jones Lumber Company, however, it was testified that "the mill
foreman" does not belong to Local No 3
DECISIONS AND ORDERS 863
foremen, and in the case of the Inman-Poulsen Lumber Company,
except the temporary construction millwrights, and in the case of the
Clark & 'Wilson Lumber Company, except the shingle-weavers, con-
stitute units appropriate for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment, and other
conditions of employment.
V. EFFECT OF THE QUESTION OF REPRESENTATION ON COMMERCE
We find that the question of representation which has arisen, in
connection with the operations of the Companies described in Section
I above, has a close, intimate, and substantial relation to trade, traffic,
and commerce among the several States, and has led and tends to
lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
VI. THE EXCLUSIVE BARGAINING AGENCY
At the hearing petitions designating Local No. 3 as the exclusive
bargaining agency and signed by employees of the several Companies
were introduced. All signatures on the petitions were witnessed by
employees. The latter signed as witnesses, and at the hearing iden-
tified the petitions, testified that they witnessed the signatures, and
that they knew the persons who signed to be employees of the com-
pany in question. The petitions were signed from a week to ten
days before the hearing. Counsel for the A. F. of L. objected to the
admission of the petitions on the ground that they were self-serving
declarations. We find no merit in this objection. The petitions
appear entirely authentic.
Signed application cards for membership in Local No. 3 were also
introduced at the hearing. Counsel for the A. F. of L. objected to
the admission of these cards on the grounds that they were not
dated, that the signatures on them were not witnessed, and that they
had not always been in the possession of the secretary of Local No. 3
who identified them. It was testified, however, that the cards were
signed subsequent to the installation of a charter by Local No. 3. It
also appears that the cards have always been in the possession of the
secretary of Local No. 3 or in the possession of the secretary of the
Council.
There was also introduced at the hearing in the form of a stipula-
tion between the Companies and the Board, pay rolls of the several
Companies. These pay rolls contain lists of the plant and produc-
tion employees of the Companies as of the two-week period imme-
diately preceding the first shut-down of the plants.
A comparison of the petitions and the pay rolls shows that in each
Company a substantial majority of the plant and production em-
ployees have designated Local No. 3 as their representative for the
864 NATIONAL LABOR RELATIONS BOARD
purposes.of collective bargaining. A comparison of the application
cards and the pay rolls merely confirms this finding. The evidence
clearly reveals the following, results :
EASTERN & WESTERN LUMBER COMPANY
Number employees on pay roll___________________________________ 452
Number employees on pay roll signing petitions __________________ 270
Majority ------- ------ ;-------------1-------------------- 61 per cent
Number employees on pay roll signing cards____ _________________ 332
Majority -------------=---------------------------------- 74 per cent
Number employees on pay roll signing both petitions and cards-- 232
JONES LUMBER COMPANY
Number employees on pay roll__ _________________--------- -- ___ 269
Number employees on pay roll signing petitions_________________ 174
Majority ------------------------------------------------ 64 per cent
Number employees on pay roll signing cards______________________ 184
Majority --------------------------------------- - 68 per cent
Number employees on pay roll signing both petitions and cards-- 138
INMAN-POULSEN LUMBER COMPANY
Number employees on pay'roll__________________________________ 596
Number of employees on pay roll signing petitions---------------- 515
Majority ------------------------------------------------ 86 per cent
Number employees on pay roll signing cards--------------------- 532
Majority ------------------------------------------------ 89 per cent
Numlier employees on pay roll signing both petitions and cards ---- 512
B. F. JOHNSON LUMBER COMPANY
Number employees on pay ---------------------------- -L ___ 60
Number employees on pay roll signing petitions________________ 45
Majority--------------------------------- -------------- 75 per cent
Number employees on pay roll signing cards_____________________ 53
Majority ----------------------- ---- 89 per cent-------------------
Number employees on pay roll signing both petitions and cards ---- 43
PORTLAND LUMBER MILLS
Number employees on pay roll------------------------------------ 184
Number employees on pay roll signing petitions ------------------ 136
Majority ------------------------------------------------ 74 per cent
Number employees on pay roll signing ca rds ---------------------- 152
Majority---------------------------------------- 83 per cent
Number employees on pay roll signing both petitions and cards--- 139
WEST OREGON LUMBER COMPANY
Number employees on pay roll___________________________________ 391
Number employees on pay roll signing petitions____________________ 344
Majority------------------------------------------------- 88 per cent
Number employees on pay roll signing cards______________________ 319
Majority---------------------------------------- 82 per cent
Number employees signing both petitions and cards-------------- 304
DECISIONS AND ORDERS
CLARI{• '& WILSON LUMBER 'C'O.
,865
Number employees on,pay roll ( exclusive of,shingle-weavers ) ----- 515
Number employees on pay roll signing petitions__________________ 421
Majority ------------------------------------------------ 81 per'cent
Number employees on pay roll signing - cards----- 475
Majority ------------- - = -- ------------- 92-per cent
Number employees on pay roll signing both petitions and cards----- 475
Counsel for the Companies suggested that they' would prefer elec-
tions conducted by the Board, 'rather than certifications without
elections. ' However, in view 'of' the majorities found on the' basis ' of
the petitions, no 'secret ballot is necessary. The application -cards
corroborate' the evidence. We'therefore will certify Local No. 3 as
the exclusive reesentative" of' the' plant and production employees,
'including foremen; of each' company, except supervisory employees
other' than foremen 'and except: office employees; and in the case of
the Inman-Poulsen Lumber Co., except the temporary construction
millwrights; and in the case of 'the Clark &Wilson Lumber ' Co., '
except the 'shingle-weavers. • '
CONCLusIONs OF LAW
Upon the basis of the above findings of fact, the Board makes the
following conclusions of, law :
1. Questions affecting commerce have arisen concerning the repre-
sentation of the employees of each of the Companies, within the
meaning of Section 9 (c), and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All of the plant and production employees of each of the Com-
panies, including foremen, except office employees and supervisory
employees other than foremen; and in the case of the Inman-Poulsen
Co., except the temporary construction millwrights; and in the case
of the Clark & Wilson Lumber Co., except the shingle-weavers, con-
stitute units appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. Lumber and Sawmill Workers' Union, Local No. 3, having been
designated for the purposes of collective bargaining by a majority of
the employees in the aforesaid units, is, by virtue of Section 9 (a) of
the National Labor Relations Act, the exclusive representative of all
the employees in such units for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
conditions of employment.
866 NATIONAL LABOR RELATIONS BOARD
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Section 8 of
National Labor Relations Board Rules and Regulations-Series 1, as
amended,
IT IS HEREBY CERTIFIED that Lumber and Sawmill Workers' Union,
Local No. 3, has been designated and selected by a majority of all the
plant and production employees, including foremen, of Jones Lumber
Company, West Oregon Lumber Company, Clark-Wilson Lumber
Company, B. F. Johnson Lumber Company, Portland Lumber Mills,
Inman-Poulsen Lumber Company, and Eastern and Western Lumber
Company, excluding office employees and supervisory employees other
than foremen; and in the case of the Inman-Poulsen Co., excluding
the temporary construction millwrights; and in the case of the Clark-
Wilson Co., excluding employees in the shingle-mill, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the Act, Lumber and Sawmill Workers' Union,
Local No. 3, is the exclusive representative of all such employees of
each company within the appropriate units, for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.