North Woods Timber Co.

National Labor Relations Board - Board Decisions

Feb 23, 1945

60 N.L.R.B. 863 (N.L.R.B. 1945)

In the Matter of C. H. BOREN, F. C. FRANCOIS AND L. P. WALSH, A CO-
PARTNERSHIP , DOING BUSINESS AS NORTH WOODS TIMBER COMPANY
and INTERNATIONAL WOODWORKERS OF AMERICA, CIO
Case No. 18R-1202.Decided February 93,1945
Mr. Fabian C. Francois, of Baraga , Mich., for the Company.
Mr. Henry Strauch, of Atlantic Mine, Mich., for the Union.
Mr. Harry Nathanson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Woodworkers
of America, CIO, herein called the Union, alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of C. H. Boren, F. C. Francois and L. P. Walsh, a co-partner-
ship, doing business as North Woods Timber Company, Baraga, Mich-
igan, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Clyde
F. Waers, Trial Examiner. Said hearing was held at Houghton, Mich-
igan, on February 8, 1945. The Company and the Union appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
the hearing 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. THE BUSINESS OF THE COMPANY
North Woods Timber Company is a co-partnership with its office
and principal place of business in Baraga, Michigan. In 1944 the
Company purchased logs in the State of Michigan at a cost of ap-
proximately $32,000. For the same period the Company sold approxi-
60 N. L. R. B., No. 146.
863
864 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mately 1,000,000 feet of lumber, pulp, logs and veneer logs at a gross
price of approximately $56,000, of which approximately 95 percent
was shipped to points outside the State of Michigan.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Woodworkers of America, affiliated with the Congress
of, Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
it has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that,the Union 'represents a substantial number of em-
ployees 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 Union desires a unit consisting of all the production and main-
tenance employees of the Company's Baraga, Michigan, plant, includ-
ing lumber truck drivers, tractor drivers, mechanics, filer, millwright,
engineer and inspectors, but excluding office and clerical employees,
.scaler, mill foremen, yard foremen, superintendent, and all other
supervisory employees. The Company agrees that the unit sought is
appropriate, but contends that the filer, millwright, engineer, and in-
spectors should be excluded.
Filer and millwright: These employees work directly under the
mill foreman, are charged generally with the maintenance of plant
machinery, and work independently 'of other employees in the plant.
The filer works in the file room, setting, grinding, and filing saws, and
at times works as a millwright. The duties of the millwright are to
care for plant machinery. In the event of an emergency, the filer and
millwright may request the general foreman for additional assistance;
while at such times they direct the work of the employees assigned
to them, the general foreman is always present. Although the Com-
pany contends that the filer and millwright can make suggestions con-
' The Field Examiner reported that the Union submitted 24 application for membership
cards and that these were 40 employees in the alleged appropriate unit
NORTH WOODS TIMBER COMPANY 865
corning the operation of machinery which might affect the status of
employees, they have no authority to recommend a change in status,
as such. We shall include them.
Engineer: This employee has charge of the boilers,. steam engine,
and fire room. Under his supervision are three employees, one work-
ing on each shift. He keeps time records of these employees and has
authority to hire and discharge. His status is similar to that of mill
foreman or yard' foreman: We shall exclude him.
Inspectors: These employees inspect and grade lumber and work
directly under the yard foreman who acts as a combination foreman
and inspector. In the course of their duties they make daily reports
of the lumber graded and inspected, and the Company regards such
reports as highly confidential. Since inspectors do not report on
matters relating to labor relations, and do not possess supervisory au-
thority, we shall include them:
We find that all production and maintenance employees of the
Company's Baraga, Michigan, plant, including lumber truck drivers,
tractor drivers, mechanics, filer, millwright, and inspectors but ex-
cluding office and clerical employees, scaler, engineer, mill foremen,
yard foremen, superintendent, and all other supervisory employees
with authority, to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate 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 Direc-
tion.
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 C. H. Boren, F. C.
Francois and L. P. Walsh, a co-partnership, doing business as North
Woods Timber Company, Baraga, Michigan, an election by secret bal-
lot shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and supervi-
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866 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sion of the Regional Director for the Eighteenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11 , of said Rules and Regula-
tions, 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 vaca-
tion or temporarily laid off , and including employees in the armed
forces of the United States who present themselves in person at the
polls , but excluding those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election , to determine whether or not they desire to be
represented by International Woodworkers of America , CIO, for the
purposes of collective bargaining.