Kesterson Lumber Corp.

National Labor Relations Board - Board Decisions

Mar 6, 1941

30 N.L.R.B. 87 (N.L.R.B. 1941)

In the Matter Of KESTERSON LUMBER CORPORATION and INTERNATIONAL
WOODWORKERS OF AMERICA , LOCAL 6-12, C. I. O.
Case No. R-2293 .-Decided March 6,1941
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord-union exclusive recognition; election necessary.
Possibility of employment of additional men to constitute a second shift
within several months held not to constitute grounds for postponement of
election, where use of shift is dependent upon volume of fruit crops and where
such a shift was not employed during, 1940.
Unit Appropriate for Collective Bargaining : all-employees excluding supervisory
and clerical employees.
Mr. John B. Ebinger, of Klamath Falls, Oreg., for the Company.
Mr. Joe Clark, of Klamath Falls, Oreg., for the I. W. A.
Mr. L. Presley Gill, of Seattle, Wash., for the L. & S. W.
Miss Charlotte Anschuetz, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
- On December 12, 1940, International Woodworkers of America,
Local 6-12, C. I. 0., 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 the Kesterson Lumber Corporation,
Klamath Falls, 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 Stat. 449, herein called
the Act. On January 8, 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. On January 11, 1941, the Board
issued a notice of hearing, copies of which were duly served upon the
30 N. L. R. B., No. 14 1
87
88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company, the I. W. A., and Lumber-& Sawmill Workers Union, Local
2649, chartered by the United Brotherhood of Carpenters and Joiners
of America, affiliated with the American Federation of Labor, herein
called the L. & S. W., a labor organization claiming to represent
employees directly affected by the investigation.
Pursuant to notice, a hearing was held on February 4, 1941, at
Klamath Falls, Oregon, before Patrick-H. Walker, the Trial Exam-
iner duly designated by the Board. At the opening of the hearing a
motion. to intervene was filed by the L. & S. W. and granted by the
Trial Examiner. The Company, the I. W. A., and the L. & S. W.
were represented by counsel or duly authorized representative and
participated in the hearing. Full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing
on the issues was afforded all parties. During the course of the hear-
ing the Trial Examiner made several rulings on motions and on
objections to the 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
I. THE BUSINESS OF THE COMPANY
Kesterson Lumber Corporation, an Oregon corporation with its
principal office and place of business at Klamath Falls, Oregon, is
engaged in the manufacture and sale of lumber and lumber products.
During each of the years 1939 and 1940 the Company processed ap-
proximately 49,000,000 board feet of lumber, valued at about $1,205,-
000, of which approximately 99 per cent were shipped to points out-
side the State of Oregon. The Company admits that it is engaged
in interstate commerce.
The Company's operating unit consists of a sawmill, a planing
mill, a box plant, and a lumber yard located in Klamath County,
Oregon, about 3 miles from Klamath Falls. The number of em-
ployees involved in this proceeding is approximately 230.
II. THE LABOR ORGANIZATIONS INVOLVED
- International Woodworkers of America, Local 6-12, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership all employees in the mill and logging
operations of the Company.
Lumber & Sawmill Workers Union, Local 2649,' chartered by the
United Brotherhood of Carpenters and Joiners of America, affiliated
-KESTERSON LUMBER CORPORATION - 89
with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company bargained with the I. W. A. for a period of approxi-
mately 2 years prior to the hearing with respect to specific problems
in the plant, but refused to grant its request, made on various occasions,
for recognition as exclusive bargaining agent, and challenged the
I. W. A.'s claim to represent a majority of the Company's employees
in an appropriate unit.' A statement of a field examiner of the Board,
introduced in evidence at the hearing, shows that each organization
represents a substantial number of employees in the unit alleged by
it to be appropriate.2
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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated at the hearing that all the employees of the
Company, at Klamath Falls, Oregon, exclusive of supervisory and
clerical ' employees, constitute a unit appropriate for collective
bargaining.
The Company and the I. W. A. are in disagreement over the inclu-
sion in the unit of six employees, claimed by the I. W. A. to be fore-
' No written agreements were consummated between the I. W. A. and the Company during
this period of 2 years , although the U W. A. presented a proposed contract and an outline
of seniority rights.
2 The Field Examiner stated that the I . W. A. submitted 182 application for member-
ship cards, all of which appeared to 'bear genuine original signatures , and 142 of which
were the names of persons appearing on the Company 's pay roll of December 1-15, 1940,
which listed approximately 231 employees in the alleged bargaining unit. The Field
Examiner stated further that the Klamath Basin District Council of Lumber and Sawmill
Workers submitted 43 authorization cards, all of which appeared to bear genuine original
signatures , and 36 of which were the names of persons appearing on said pay roll. [Counsel
for the L. & S . W. stated at the hearing that these 43 cards represented the interest
of the L. & S. W . herein , and that the Klamath Basin District Council of Lumber and
Sawmill Workers has no further interest in this proceeding ]
90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
men and therefore supervisory employees.3 Of these six, M. J. Beland,
C. F. Crowe, J. B. Henry, I. S. Hulbert, L. R. Tawney, and J. B. Max-
well, the Company admits that Beland is a foreman in charge of men
and production in the lath mill and agrees to his exclusion from the
unit, but contends for the inclusion of the others. The Company's
general manager testified that these five men supervised the movement
of lumber and shook through the correct machines or into and from
certain locations, but stated that they were not foremen and had no
power to hire or discharge, or to recommend the hiring and discharging
of employees, although they directed men in handling the machines
and placing the lumber or shook into position. We find that Crowe,
Henry, Hulbert, Tawney, and Maxwell are not supervisory em-
ployees and that they should be included in the appropriate unit.
We find that all employees of the Company at Klamath Falls,
Oregon, including C. F. Crowe, J. B. Henry, I. S. Hulbert, L. R.
Tawney, and J. B. Maxwell, but excluding supervisory and clerical
employees and M. J. Beland, constitute a unit appropriate for the
purposes of collective bargaining and that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
While the I. W. A. requests certification as exclusive bargaining
agent without an election on its showing of substantial membership
in the appropriate unit, the Company and the L. & S. W. question
its majority representation. We find that the question which has
arisen concerning the representation of employees of the Company
can best be resolved by means of an election by secret ballot.
The I. W. A. and the Company desire a current pay-roll date to
determine eligibility to participate in the election. The L. & S. W.
contends that the election should be postponed until after April
15, 1941, when the Company expects to have added a second shift
of approximately 65 men in its box factory .4 We shall follow our
usual practice as to the use of a current pay-roll date. We accord-
ingly direct that the employees within the appropriate unit who
were employed by the Company at Klamath Falls, Oregon, during
the pay-roll period immediately preceding the date of this Direction
a The L. & S. W. expressed no preference as to the inclusion or exclusion of these six
employees.
4 The use of this shift is dependent upon the volume of demand for box shook, which
in turn is determined by the fruit crops. A second shift was not employed during 1940.
KESTERSON LUMBER CORPORATION 91.
of Election, including employees who did not work during such
pay-roll period because they were ill or on vacation and employees
who were then or _ have since been temporarily laid off . or absent
because called for military service, but excluding those who have
since quit or been discharged for cause, shall be eligible to participate
in the election.
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 Kesterson Lumber Corporation, Klamath
Falls, Oregon, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
2. All the employees of the Company at Klamath Falls, Oregon, in-
cluding C. F. Crowe, J. B. Henry, I. S. Hulbert, L. R. Tawney,
and J. B. Maxwell, but excluding supervisory and clerical employees
and M. J. Beland, 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, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series
2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Kesterson
Lumber Corporation, Klamath Falls, 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 Nine-
teenth Region, acting in the 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 the Company at
Klamath Falls, Oregon, employed during the pay-roll period im-
mediately preceding the date of this Direction of Election, including
C. F. Crowe, J. B. Henry, I. S. Hulbert, L. R. Tawney, J. B. Max-
well, those employees who did not work during such pay-roll period
because they were ill or on vacation, and employees who were then
92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or have since been temporarily laid off or absent because called
for military service, but excluding supervisory and clerical employees
and M. J. Beland, and also excluding employees who ^ have since
quit or been discharged for cause, to determine whether they, desire
to -be represented by International Woodworkers of America, Local
6-12, C. I. 0., or Lumber & Sawmill Workers Union, Local 2649,
chartered by the United Brotherhood ' of Carpenters and Joiners of
America, affiliated .with the American Federation of Labor, or by
neither, for the purposes of collective bargaining.