Klamath Timber Co.

National Labor Relations Board - Board Decisions

Sep 3, 1941

35 N.L.R.B. 141 (N.L.R.B. 1941)

In the Matter of KLAMATH TIMBER COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL No. 6-12, AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-0827.-Decided September 3, 1.941
Jurisdiction : logging operations
Investigation and Certification of Representatives : existence of question: Com-
pany refused to accord union recognition, disputing its authority to represent
employees on ground that unions charter had been suspended or revoked
by its parent organization ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding clerical and supervisory employees. '
Mr. John B. Ebinger, of Klamath Falls, Oreg., for the Company.
Mr. George Brown, of Klamath Falls, Oreg., for the International.
Mr. J. G. Wolf, of Portland, Oreg., for the Lumber R Sawmill
Workers.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 9, 1941, International Woodworkers of America, Local
ids., 6 12, affiliated with the Congress of Industrial Organizations,
herein called the International, filed a petition with the Regional
Director for the Nineteenth Region (Seattle, Washington) alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Klamath Timber Company, 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 July 15, 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 Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropri-
ate hearing upon due notice.
35 N. L R. B., No 27.
141
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On July 24, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Interna-
tional, and also upon Lumber & Sawmill Workers, Local No. 2649,
herein called the Lumber & Sawmill Workers, a labor organization
claiming to represent employees directly affected by the investigation.
Pursuant to notice, a hearing was held on July 31, 1941, at Klamath
Falls, Oregon, before William A. Babcock, Jr., the Trial Examiner
duly designated by the Chief Trial Examiner. The Company, the
International, and the Lumber & Sawmill Workers were represented
by counsel or other representatives, and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. At the conclusion of the hearing the Company moved
to dismiss the petition on the ground that no question concerning rep-
resentation affecting commerce had arisen. The Trial Examiner re-
served ruling thereon for the Board. The motion is hereby denied.
During the course of the hearing, the Trial Examiner made several
rulings on other motions and on objections to the admission of evi-
dence. 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
Klamath Timber Company, an Oregon corporation, having its
principal office at Klamath Falls, is engaged in the logging of
ponderosa pine and fir near Klamath Falls, Oregon. During 1940
the Company produced 33,700,000 feet of logs, valued at $239;275.
The Company sells its entire output in the form of rough logs to
Kesterson Lumber Corporation, which also maintains its principal
office at Klamath Falls and is engaged in the manufacture and sale
of lumber products. During 1939 and 1940, respectively, Kesterson
Lumber Corporation processed approximately 49,000,000 board feet
of lumber, valued at about $1,205,000, of which approximately 99
per cent was shipped to points outside the State of Oregon. The
Company's president is also vice president and manager of Kesterson
Lumber Corporation.
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local No. 6-12, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
KLAMATH TIMBER COMPANY 143
Lumber & Sawmill Workers, Local No. 2649, is a labor organiza-
tion affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company contends that no question concerning representa-
tion has arisen because it has not refused to bargain with the Inter-
national. However, both labor organizations involved herein have
presented evidence that each represents a substantial number of
employees of the Company.' The International made several written
requests for bargaining conferences during 1940, and again in May
or June 1941. To the latter request the Company replied that it
had been informed that the International's charter had been sus-
pended or revoked by its parent organization, and questioned the
International's status as a labor organization and its authority to
represent employees. We have held that the privilege of a labor
organization to represent employees for the purposes of collective
bargaining,2 or to utilize the machinery of the Act, is not dependent
upon its relations with its parent organization.'
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
aid tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
' A statement of a Field Examiner of the Board submitted Into evidence at the hearing
discloses that the International submitted to him 118 membership authorization cards for
that union , 64 of which bore signatures which are the names of persons on the Company's
June 1941 pay roll. Twenty-three of the 64 cards were dated during 1940, 28 during May
1941 , 9 during June 1941 , and 4 were undated . There are approximately 117 employees
in the alleged appropriate unit.
At the hearing Lumber & Sawmill Workers presented to the Trial Examiner 26 member-
ship authorization cards. All bore signatures corresponding to names of persons on the
Company 's June 1941 pay roll . Two of the cards were duplicates.
2 See Matter of McClouth Steel Corporation and Local 174, International Union, United
Automobile Workers of America, affiliated with the Congress of Industrial Organizations,
An4onmobile Workeas of America, affiliated with the Congress of Industrial Organizations,
3In Matter of Frederick R Barrett and International Longshoremen 's Association, Local
No. 978, 3 N. L R B. 513 at 516, the, Board stated :
Whether Local 978 is or is not a local of I. L. A., it is still a labor organization
within the meaning of the Act, and is accordingly entitled to invoke the remedies of
the Act against an employer , whatever its standing with the International.
144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
At the hearing the parties agreed, and we find, that all produc-
tion and maintenance employees engaged in the Company's logging
operations, excluding clerical and supervisory employees, constitute
an appropriate unit for the purposes of collective bargaining. We
further find that said unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining, and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. We shall direct that the employees of the
Company eligible to vote in such election shall be those in the appro-
priate unit employed by the Companyy, during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to such limitations and additions as are set forth in the Direc-
tion hereinafter.
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 Klamath Timber Company, Klamath Falls,
Oregon, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All production and maintenance employees engaged in the
Company's logging operations, excluding clerical and supervisory
employees, constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the 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 Re-
lations Act, 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 the purposes of collective bargaining
with Klamath Timber Company, Klamath Falls, Oregon, an elec-
tion by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the date of this Direction of Elec-
KLAMATH TIMBER COMPANY 145
tion, 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 production and main-
tenance employees engaged in logging operations at Klamath Tim-
ber Company, Klamath Falls, Oregon, who were employed during
the pay-roll period immediately preceding the date of this Direction
of Election, including employees who did not work during said 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 clerical employees, and employees
who have since quit or been discharged for cause, to determine
whether they desire to be represented by International Wood-
workers of America, Local No. 6-12, affiliated with the Congress of
Industrial Organizations, or by Lumber & Sawmill Workers, Local
No. 2649, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither.