Klickitat Pine Box Co.

National Labor Relations Board - Board Decisions

Feb 19, 1946

65 N.L.R.B. 1201 (N.L.R.B. 1946)

In the Matter of KLICKITAT PINE Box Co. AND T. V. WILKINS Co. and
LUMBER & SAWMILL WORKERS UNION , U. B. OF C. & J. A., A. F. L.
Case No. 19-R-1541.-Decided February 19, 1946
Messrs. H. L. Lewis and Z. 0. Brooks, of Goldendale, Nash., for
the Companies.
Mr. Clarence E. Briggs, of Pineville, Oreg., and Messrs. Don Gill-
man and William A. Wedel, of Klamath Falls, Oreg., for the AFL.
Messrs. S. J. Severson and Virgil Bwrtz, of Portland, Oreg., Mr. W.
J. Baker, of Vancouver, Wash., and Mr. Raymond Gueber, of Golden-
dale, Wash., for the CIO.
Mr. Herbert C. Kane, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a second amended petition duly filed by Lumber & Sawmill
Workers Union, U. B. of C. & J. A., A. F. L., herein called the AFL,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Klickitat Pine Box Co., herein called
Klickitat,l and T. V. Wilkins Co., herein called Wilkins , both of Gold-
endale, Washington , and herein collectively called the Companies,'the
National Labor Relations Board provided for an appropriate hearing
upon due notice before John E. Hedrick , Trial Examiner. Said
hearing was held at Goldendale , Washington , on June 26 , 1945. On
August 24 , 1945, pursuant to an order of the Board, a further hearing,
upon due notice was held at Goldendale , Washington , before Erwin
A. Peterson , Trial Examiner . The Companies , the A)'L, and the
International Woodworkers of America , Local 9-58, herein called the
CIO,2 appeared and participated in both hearings . All parties were
afforded full opportunity to be heard , to examine and cross -examine
witnesses , and to introduce evidence bearing on the issues. At the
original hearing , the CIO moved to dismiss the petition . The Trial
1 The name appears as amended at the hearing.
I At the original hearing, the Trial Examiner granted the motion of the CIO to inter-
vene.
65 N. L . R. B., No. 205. 1201
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Examiner reserved ruling on the motion for the Board. For the
reasons hereinafter stated, we deny the motion. The Trial Exam-
iners' rulings made at both hearings are free from prejudicial error
and are hereby affirmed. All parties were afforded an opportunity to
file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT I
I. THE BUSINESS OF THE COMPANIES
Klickitat Pine Box Co., a partnership, is engaged in the manufac-
ture of box shook. We are here concerned only with its sawmill opera-
tions at Goldendale, Washington. During 1944, Klickitat produced
approximately $1,000,000 worth of box shook, over 50 percent of which
was shipped outside the State of Washington.
T. V. Wilkins Co., a partnership, is engaged in the logging and
trucking of lumber in the State of Washington. All its products are
sold to Klickitat Pine Box Co. for use in the manufacture of box
shook.
Each of the Companies admits and we find that each is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Lumber & Sawmill Workers Union, If B. of C. & J. A., affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Companies.
International Woodworkers of America, Local 9-55, affiliated with
the Congress of Industrial Organizations, is'a 1bor.organization ad-
mitting to membership employees of the Companies.
M. THE QUESTION CONCERNING REPRESENTATION
On April 2, 1945, the AFL, without prior demand for recognition
by the Companies, filed its petition herein. Thereafter, it filed an
amended and a second amended petition. At the hearing the CIO
moved to dismiss the petition because of the pendency before the War
Labor Board of a wage issue involving it and the Companies.
The CIO has been in contractual relationship concerning wages,
hours, and conditions of employment with both Companies and their
predecessors since June 21, 1940. The original contract- between the
parties; as supplemented, was terminated by the CIO as of April 1.
19455 by timely notice, and was succeeded •by a•contract dated May 1£,
1945, fietween'the^CIO,'=Klickitat, and' Wilkins: Late in -1944 or -early
in January 1945, the first contract was reopened in accordance with
KLICKITAT PINE BOX CO. 1203
its terms on the question of wages. In January 1945, the wage issue
became the subject matter of a proceeding before the War Labor
Board. The latter proceeding was still pending at the time of the
hearing.
Inasmuch as the May 18, 1945, contract was executed after the filing
of the AFL's petition herein, it cannot bar a present determination
of representatives. Similarly, the contract of June 21, 1940, with the
various supplements thereto, was terminated as of April 1, 1945, and
cannot, therefore, standing by itself, operate as a bar to this proceed-
ing. The CIO, however, contends, in effect, that the proceeding before
the War Labor Board bars an election at this time under the Allis-
Chalmaers doctrine.3 We do not agree.
At the time of the commencement of the proceedings before the War
Labor Board, the CIO had already been the recognized bargaining
representative for over 4 years and had had ample opportunity to
obtain, and had obtained, substantial benefits for the employees whom
it had been representing.' Accordingly, under well-established prin-
ciples, the pendency of the War Labor Board proceeding cannot operate
to bar this proceeding.4
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the AFL represents a substantial number of
employees in the unit hereinafter found 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 Act.
IV. THE APPROPRIATE UNIT
The parties agree that a unit of all production and maintenance
employees in the sawmill and box factory operations at Goldendale,
Washington, of Klickitat, and of all logging and trucking employees
of Wilkins, except for supervisory and clerical employees, would be
appropriate. They are, however, in dispute with respect to the in-
' 50 N L. It. B 306
Matter of Jackson Bow Company , 59 N L R . B. 808; Matter of American Chain &
Cable Company, Inc., 59 N L . R. B. 644: Matter of Lancaster Iron Works , 65 N. L. R. B.
105.
6 The Field Examiner reported that the AFL submitted 52 designation cards ; that the
names of 41 peisons appearing on the cards were listed on the Companies ' pay roll, which
contained the names of 102 employees in the appropriate unit
The CIO submitted 89 dues and pay -roll deduction records as proof of its Interest.
The CIO requested that the cards submitted by the AFL as proof of its interest be dis-
regarded on the ground that they were ambiguous in that they contained an application
ton membership on one side and a designation of the AFL on the other . At the same time
the AFL objected " to entering into evidence any reference to the AFL designation card."
The purpose of the preliminary showing of cards and of the Field Examiner ' s statement
has frequently been set forth in our decisions Accordingly , we shall deny the CIO's re-
quest and overrule the AFL' s objection . Matter of II. G. Hill Stores , Inc., 39 N. L. R. B.
874 ; Matter of Lalance & Grosjean Man afactvring Co., 63 N. L. R B. 130.
1204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
elusion of the salaried millwright, the floor foremen, one clerical em-
ployee, the bull buck, hook tenders, and master mechanics 6 All these
categories are hereinafter discussed.
Millwright: Klickitat employs two individuals in this capacity;
one of them is hourly rated, the other salaried. The parties agree to
include the hourly rated employee. However, Klickitat and the AFL
would exclude, and the CIO would include, the salaried millwright.
The salaried employee takes the place of the superintendent of the
sawmill in the latter's absence, which appears to be infrequent. When
a night shift is operating at Klickitat this employee is night superin-
tendent of the sawmill. . At the time of the hearing there was no
night shift in operation and this employee was performing the duties
of a millwright. The record does not disclose any plans of Klickitat
to resume night operations. On the basis of the record, we are per-
suaded that the occasional substitution of this employee for the super-
intendent does not place him in the category of a supervisory employee.
A.ccordingly,.we shall include him in the Unit .7
Floor foremen: Klickitat and the AFL would exclude, and the CIO
include, the two employees in this category. Each of these employees
is located at one of Klickitat's two box factories and is under the super-
vision of the superintendent of the box factories. Each directs the
work of the employees under him and works along with these em-
ployees. While floor foremen may make recommendations concerning
the status of their subordinates, such recommendations are always
followed by an independent investigation on the part of the super-
intendent. It is thus clear that these floormen do not have the authority
effectively to recommend changes in the status of their subordinates.
Accordingly, we are of the opinion that the floor foremen are not
supervisors under our usual definition of that term, and we shall
include them in the unit.
Clerical employees: The parties agree generally to exclude clerical
employees. They are in disagreement, however, with respect to one
clerical employees working for Klickitat. The CIO would include,
and the AFL and Klickitat would exclude, this employee. He does
clerical work for approximately one-third of his time and spends the
remainder of his time doing odd maintenance jobs, consisting chiefly
of electrical work. Because the duties and interests of this employee
are more akin to those of the production and maintenance employees
than to those of the other clerical employees, we shall include him in
the unit as a maintenance employee.
e Neither Klickitat nor Wilkins took a position concerning those categories not in their
respective employ.
4 Should this employee resume his former duties as night superintendent , it is clear
that he would then , as a supervisory employee , fall outside the unit.
8 Earl Walton.
KLICKITAT PINE BOX CO. 1205
The bull buck, hook tenders, and master mechanics: The AFL and
the CIO would include the bull buck; Wilkins would exclude the bull
buck as a supervisory employee. The CIO would also include the hook
tenders and master mechanics, while the AFL and Wilkins took no
position with respect to these employees." For the reasons set forth
in the majority decision in Matter of Coos Bay Lumber Company,10
emphasizing custom in the industry, we shall include the bull buck,
hook tenders, and master mechanics in the unit.
We find that all production and maintenance employees 11 in the
sawmill and box factory operations at Goldendale, Washington, of
Klickitat, including millwrights and floor foremen, and the logging
,and trucking employees of Wilkins, including the bull buck, hook
tenders, and master mechanics, but excluding all clerical employees
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate 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 the Direction of Election
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Klickitat Pine`
Box Co. and T. V. Wilkins Co., both of Goldendale, Washington, 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 Nine-
teenth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sections 10 and 11, of
"The record does not disclose the number, if any, of book tenders and master mechanics
employed by Wilkins. In view of the requested inclusion , we shall assume for the purposes
of this proceeding , that Wilkins employs persons in this category.
62 N. L. R. B. 93
Including Earl Walton.
1206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 who did not work during the said pay-roll period because
they were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present them-
selves 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 Lumber & Sawmill Workers Union,
U. B. of C. & J. A., A. F. L., or by International Woodworkers of
America, Local 9-58 , C. 1. 0., for the purposes of collective bargaining,
or by neither.
MR. GEELARD D. RmLLY, dissenting :
For the reasons stated in my dissenting opinion in Matter of Coos
Bay Lumber Company,12 I disagree with the inclusion of supervi-
sory employees within the unit of rank and file maintenance and pro-
duction employees.
7z 62 N. L R. B. 93.