Mill B, Inc.

National Labor Relations Board - Board Decisions

May 27, 1939

12 N.L.R.B. 1317 (N.L.R.B. 1939)

In the Matter Of MILL B, INC. and LUMBER AND SAWMILL WORKERS'
UNION LOCAL No. 2573
Case No. B-1347.-Decided May 27, 1939
Lumber Manufacturing Industry-Investigation of Representatives : contro-
versy concerning representation of employees ; rival organizations ; employer
neutral as to claims of both-Unit Appropriate for Collective Bargaining : produc-
tion and maintenance employees , excluding supervisory and clerical employees ;
agreement as to-Election, Ordered
Mr. Patrick L. Walker, for the Board.
Mr. D. K. Grant, of Portland, Oreg., for the Company.
Mr. L. Presley Gill, of Seattle, Wash., for Local 2573.
Mr. Ben Anderson, of Portland, Oreg., for the I. W. A.
Mr. Ben Law, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 26, 1938, Lumber and Sawmill Workers' Union, Local
No. 2573, chartered by United Brotherhood of Carpenters and Joiners
of America, A. F. of L., herein called Local 2573, filed with the
Regional Director for the Nineteenth Region (Seattle, Washington),
-a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Mill B, Inc., North Bend,
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 February 1, 1939, 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 1, 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, 1939, the Regional Director issued a notice of hearing,
-copies of which were duly served upon the Company, Local 2573, and
upon Lumber and Sawmill Workers Local No. 116, chartered by Inter-
12N.L. R.B.,No.127.
1317
1318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
national Woodworkers of America, herein called the I. W. A. Pur-
suant to notice, a hearing was held on April 7, 1939, at Marshfield,.
Oregon, before Thomas S. Wilson, the Trial Examiner duly desig-
nated by the Board. The Board, the Company, Local 2573, and the-
I. W. A. were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,.
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 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
Mill B, Inc., an Oregon corporation, has its plant and principal
office in North Bend, Oregon, and is engaged in purchasing logs and
working them into finished lumber products. The logs used are ob--
tained from nearby lumber camps, apparently within the State. The.
gross value of finished products sold in 1938 was $431,994.45. Of'
this amount 99 per cent represented sales to consumers situated outside.
of Oregon.
II. THE ORGANIZATIONS INVOLVED
Lumber and Sawmill Workers Union, Local No. 2573, is a labor
organization admitting to membership production and maintenance-
employees of the Company, exclusive of supervisory and clerical em-
ployees. It is chartered by United Brotherhood of Carpenters and.
Joiners of America, affiliated with the American Federation of Labor..
Lumber and Sawmill Workers Local No. 116, chartered by Inter-
national Woodworkers of America, is a labor organization admitting
to membership production and maintenance employees of the Com-
pany, exclusive of supervisory and clerical employees. It is affiliated
with the Congress of Industrial Organizations.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing the I. W. A. and Local 2573 presented conflicting
claims concerning representation among the Company's employees.
The Company, through its attorney, took the position that it was en-
tirely neutral and did not know which union represented the majority.
We find that a question has arisen concerning representation of
employees of the Company.
MILL B, INC. 1319
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 Company, Local 2573, and the I. W. A. agreed at the hearing
,that the unit appropriate for purposes of collective bargaining con-
sisted of the production and maintenance employees of the Company,
,excluding supervisory and clerical employees. We see no reason to
.alter the agreed unit. We find that the production and maintenance
employees of the Company, excluding supervisory and clerical em-
ployees, 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 to collective
.bargaining and otherwise effectuate the policies of the Act.
VI. TIIE DETERMINATION OF REPRESENTATIVES
'Counsel for the Board introduced into evidence the Company's pay
roll for March 15 to 31, 1939, listing 185 employees. The pay roll did
not include the names of contract workers, superintendents, or clerical
workers. The parties asked that this pay-roll list be considered by
the Board for all purposes. Local 2573 introduced in evidence a total
,of 166 designation cards and 4 petitions bearing 64 signatures desig-
nating Local 2573 as the bargaining agency for those signing. The
,designation cards were dated at various times from 1937 until just
-prior to the hearing. The petitions were all signed, according to the
-testimony, about October 1938. Neither the cards nor petitions had
been checked against each other to eliminate possible duplications
nor against the pay roll to determine if the person signing was still
an employee of the Company. As nearly as can be determined, how-
sever, without more adequate information, it appears that on the cards
and petitions there are 117 names of employees also appearing on the
pay roll. Over 100 of these are on cards signed during March or
April 1939.
The I. W. A. introduced in evidence 1 group of 76 designation cards
signed in March and April 1939, and 3 groups of application and
designation cards signed at various times from 1937 to the date of
the hearing. These cards had not been checked against each other
1320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nor against the Company's pay roll. As nearly as can be determined,
about 83 of the cards from all 4 groups bear the signatures of em-
ployees appearing on the Company's pay roll. Most of these are of
recent date. Between the 117 designations presented by Local 2573
and the 83 designations presented by the I. W. A. there appear to be
23 employees represented on both lists. As previously noted, there
are 185 names on the submitted pay roll, although it is not clear that
the pay-roll list coincides precisely with the unit we have found appro-
priate. Under all the circumstances, we are satisfied that the question
concerning representation can best be resolved by the holding of an
election by secret ballot. As has been stated, the parties agreed that
the Company's pay roll for March 15 to 31, 1939, should be considered
by the Board for all purposes. Accordingly, those eligible to vote,
shall be the employees in the appropriate unit as of March 15 to 31,,
1939, including employees who did not work during such pay-roll
period because they were ill or on vacation, and excluding those who.
have since quit or been discharged for cause.
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 Mill B, Inc., North Bend, Oregon, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
2. The production and maintenance employees of the Company,
excluding supervisory and clerical employees, constitute a unit ap-
propriate 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, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the
Board to ascertain representatives for collective bargaining with
Mill B, Inc., North Bend, Oregon, an election by secret ballot shall
be conducted within fifteen (15) 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 the production and maintenance em-
ployees of the Company, who were listed on the pay roll of March
MILL B, INC. 1321
15 to 31, 1939, excluding supervisory and clerical employees and those
who have since quit or been discharged for cause, but including em-
ployees who did not work during such period because they were ill
or on vacation, to determine whether they wish to be represented'
by Lumber and Sawmill Workers Union, Local 2573, United Brother-
hood of Carpenters and Joiners of America, American Federation of
Labor, or by Lumber and Sawmill Workers Local No. 116, Interna-
tional Woodworkers of America, Congress of Industrial Organiza-
tions, for the purposes of collective bargaining, or by neither.