Lewis Lumber Co.

National Labor Relations Board - Board Decisions

May 9, 1941

31 N.L.R.B. 688 (N.L.R.B. 1941)

In the Matter of LEWIS LUMBER COMPANY and INTERNATIONAL WooD-
WORKERS OF AMERICA, LOCAL UNION No. 257 , AFFILIATED WITH THE
C. I. O.
Case No. R-2-1j16.-Decided May 9. 1941
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord union recognition until it is 'certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : determination of whether em-
ployees of' planing mill of lumber manufacturing plant located 17 miles
from sawmill and logging camp constitute separate unit or are part of
company-wide unit including sawmill and logging camp held dependent, on
desires of employees.
Mr. Thomas P. Graham, Jr., for the Board.
Mr. E. R. Bryson;, of Eugene, Oreg., for the Company.,
Mr. Hale G. Thompson, of Eugene, Oreg., for the I. W. A.
Mr. C. P. Richards, of Goshen, Oreg., for the L. & S. W.
Mr. William T. Little, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On January 4, 1911, International Woodworkers of America, Local
Union 257, affiliated with the C. I. 0.,1 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 Lewis
Lumber Company, Dexter, Oregon, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On March 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
'1 The petition was originally filed in the name of W C . Funk, international organizer
At the hearing the petition was amended , without objection , to designate the petitioner as
it appears above.
31 N. L. R. B., No. 113.
688
LEWIS LUMBER COMPAA'Y ' 689
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 March 17, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the I. W. A.,
and Lumber and Sawmill Workers Union, Local No. 2574, 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.2
Pursuant to notice,, a hearing was held on March 24, 1941, at
Eugene, Oregon, before.Edward Grandison Smith, the Trial Exam-
iner duly designated by the Chief Trial Examiner. The Board, the
Company, and the I." W. A. were represented by counsel, and the
L. & S. W. by a representative, and all 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. During the course of the hearing 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 Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmmed.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Lewis Lumber Company, an Oregon corporation having its princi-
pal office and place of business at Dexter, Oregon, is engaged in
logging operations near Dexter and operates lumber manufacturing
plants at Dexter and Pengra, Oregon. During 1939 the Company
produced approximately 17,500,000 board feet of logs, lumber, and
lumber products at its plants. Between 90 and 95 per cent of these
products were shipped from the Company's plants to points outside
the State of Oregon. The Company admits that it is engaged in
commerce within the meaning of the Act.
II. HE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local Union 257, is It
-labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company. .
2 A copy of the notice of hearing was also sent to a labor organization known as Indus-
trial Employees Union, Inc. That labor organization , howeN er, did not appear at the
hearing or seek to intervene in this proceeding.
690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lumber and Sawmill Workers Union, Local No. 2574, is a labor
organization chartered by the United Brotherhood of Carpenters. &
Joiners of America, and affiliated with the American Federation of
Labor. It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 31, 1940, the I. W. A., requested exclusive recogni-
tion for the employees of the Company. The Company advised the
I. W. A. that it was bargaining with certain locals of the Industrial
Employees Union, Inc.,3 and that it would not recognize the I. W. A.
until it was certified by the Board.
A statement prepared by a field examiner of the Board and intro-
duced in evidence at the hearing shows that the I. W. A. and the
L. & S. W. represent a substantial number of employees in the units
claimed to be appropriate.4
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company's business comprises a logging camp, a sawmill, and
a planing mill. The I. W. A. and the Company propose a unit
consisting of the employees of all three divisions of the Company.
The L. & S. W. claims that two units are appropriate : one con-
sisting of employees of the logging camp and sawmill and the other
consisting of employees of the planing mill. All parties agreed
upon the exclusion of supervisory and office employees, officers, and
stockholders.
3'The Board has since ordered these locals of the Industrial Employees Union, Inc. dis-
established Matter of Lewis Lumber Company , et al. and Williamette Valley District
Council of Lumber and Sawmill Workers , United Brotherhood of Carpenters and Joiners
of America, affiliated with the A F . of L, 29 N . L R B 1090
' The field examiner's report shows that 64 employees of the Company had signed appli-
cation cards for the I. W. A., and 14 for the L. & S. W. There are approximately 115
employees in the unit proposed by the I W.A., and 43 in one unit ( planing mill) proposed
by the L. & S. 'V and 82 in the other ( logging operation and sawmill)
LEWIS LUMBER . COMPANY 691
Timber is felled at the logging camp and transported about 9
miles to the sawmill at Dexter. At the sawmill the timber is cut
into rough lumber and sent by flume to the planing mill at Pengra,
about 17 miles from the sawmill. At the planing mill the rough
lumber is processed into,the finished product. While the distance
between the planing mill and the sawmill and logging camp would
warrant considering the planing mill as a separate unit, as claimed
by the L. & S. W., the integrated nature of the Company's opera-
tions would also warrant considering it as part of the larger company-
,wide unit claimed by the I. W. A.
It thus appears that the planing-mill employees might be included
in the same unit as the employees of the logging camp and sawmill,
or might constitute a separate unit. Accordingly, we shall direct
that separate elections be held among (1) the employees of the saw-
mill and logging camp, excluding supervisory and office employees,
officers, and stockholders, to determine whether they desire to be
represented by the I. W. A., by the L. & S. W., or by neither ; and
(2) among the employees of the planing mill, excluding supervisory
and office employees,, officers, and stockholders, to determine whether
or not they desire to be represented by the I. W. A.5 Upon the
results of the elections will depend, in part, our determination of
the appropriate unit or units. If a majority of the employees of
the sawmill and logging camp and those of the planing mill designate
the I. W. A. as their collective bargaining representative, then the
employees of the sawmill, logging camp, and planing mill shall con-
stitute a single appropriate unit. Otherwise they shall constitute two
separate units.
The parties agree that certain supervisory and office employees,
officers, and stockholders should be excluded from the unit or units
they claim to be appropriates We see no reason to depart from
the "desires of the parties. In addition the I. W. A. would 'exclude
from, and the Company include in the unit claimed to be appropriate
the following employees, whom the I. W. A. claims have the power
to discharge : Allyn Markham, George Brewer, Frank Smith, Ed-
ward Zoulek, Jesse Phelps, Guy Lewis, Henry Williams, and George
Keable. The L. & S. W. takes no position as to the exclusion of
these individual employees.
Allyn Markham is listed on the sawmill pay roll as a flume boss,
in which capacity he supervises the work of five men, is in charge of
6 The L . & S. W. representative at the hearing testified that it maintained only one local
because its organization had not yet extended to the planing mill . It is therefore apparent
that the.L & S W. has no membership among•.the employees of the planing mill. We
shall accordingly exclude it from the ballot in the planing-mill election.
6 John Huntington , William Wilkins , Ray ' Grube , John Cushing , W. G. Younger, James
11linton,'R . Hayden, and T. A. Reed.
441843-42-vol 31-43
692 DECISIONS OF--NATIONAL LABOR RELATIONS BOARD
flume maintenance , and sect that the lumber gets down the flume to
the planing mill. George Brewer is listed on the planing mill pay
roll as a green chain foreman , in which capacity he supervises the
work of 15 men. Frank Smith is listed on the planing mill pay roll'
as a car-loading tally-man, in which capacity he supervises the loading
of cars and the work of four to six men under him. Edward Zoulek
is listed on the planing mill pay roll as a planer foreman , in which
capacity he supervises the work of three men . E. A. Lewis, the
Company president , testified that Zoulek had more authority than
Markham, Brewer, and Keable. Jesse Phelps is listed on the logging
pay roll as a bull buck and as such supervises the work of 16 buckers
and fellers . Although Markham, Brewer, Smith , Zoulek, and
Phelps all perform manual labor, it is clear from the-above that they
exercise substantial supervisory functions . They are accordingly
supervisory employees and shall not be entitled to vote in the
elections.
George Keable; who is listed on the planing mill pay roll , as a yard
foreman, has no supervisory powers, , but merely keeps the superin-
tendent informed as to whether material is ready for shipment.
Guy Lewis , who is listed on the logging pay roll as a hook tender,
has no supervisory duties or authority to hire, discharge , or recom-
mend such action . Henry Williams , who is listed on the, logging pay
roll as a road foreman, devotes a considerable portion of his time to
working as a handy man or utility man and has no supervisory func-
tion in connection with road construction . In view of the fact that
Keable, Lewis, and Williams do not perform supervisory functions,
they shall not be excluded but shall be entitled to participate in the,
elections.
VI. THE DETERMINATION OF REPRESENTATIVES
We,have hereinabove found that the question , concerning repre-
sentation which has arisen can best be resolved by means of elections
by secret ballot. We shall direct that the employees of the Company
eligible 'to vote in the election shall be those employees who were
employed during the pay-roll period immediately preceding the-date
of the Direction of Elections herein, subject to such limitations and
additions as are set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case , the Board makes the following :
CONCLUSION OF LAW
A question affecting commerce has arisen concerning the represen-
tation of employees of Lewis Lumber Company , Dexter , Oregon,
within the meaning of Section 9 (c) and Section 2 (6) and '(7) of
the National Labor Relations Act.
LEWIS LUMBER COMPANY 693
DIRECTION OF ELECTIONS
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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Reguations-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 Lewis Lumber Company, Dexter, Oregon, elections 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, Section 9, of said Rules and Regulations,
among those employees of Lewis Lumber Company who fall within
the groups described below who were employed by the Company
during the pay-roll period immediately preceding the date of this
Direction including employees who did not work during such pay-
roll 'period because they were ill or on vacation or in the active mili-
tary service or training of the United States, or temporarily laid off,
but excluding those who have since quit or been discharged for cause;
(1) All employees of the logging camp and sawmill operations of
the Company, excluding supervisory and office employees, officers,
and stockholders, the flume boss, and the bull buck, to determine
whether they desire to be represented for the purposes of collective
bargaining by International Woodworkers of America, Local Union
257, affiliated with the C. I. 0., or by Lumber and Sawmill Workers
Union, Local No. 2574, chartered by the United Brotherhood of Car-
penters and Joiners of America, affiliated with the • American
Federation of Labor, or by neither.
(2) Among all employees of the planing-mill operation of the
Company, -excluding supervisory and office employees , officers. and
stockholders, the green-chain foremen, the planer foremen, and Frank
Smith to determine whether or not they desire to be represented for
the purposes of collective bargaining by International Woodworkers
of America, Local Union 257, affiliated with the C. I. O.
MR. EDWIN S . SMITH , dissenting :
For the reasons stated in my dissenting opinion in the Allis-
Chalmers 7 and subsequent cases, and in Matter of Buckley Hemlock
Mills, et al. and International Woodworkers of America, Local No.
52,8 I would not permit the employees of the planing mill to separate
themselves from the, logging and sawmill employees.
T Matter of Allis-Chalmers Manufacturing Company and International Union,. United
Automobile Workers of America , Local 248, 4 N. L. R . B. 159.
8 15 N L R B. 498.