Ochoco Lumber Co.

National Labor Relations Board - Board Decisions

Jun 27, 1945

62 N.L.R.B. 950 (N.L.R.B. 1945)

In the Matter of OCHOCO LUMBER COMPANY and LUMBER AND SA\V-
MILL WORKERS UNION, CHARTERRD BY UN i'ri?I1 1 RO I HEEl-l SOD OP (--\R-
PENTERS & JOINERS OF AMERICA, A F of L
Case No 19-R-1526 -Decided June 27, 19-15
Mr. C. L. Irving, of Klamath Fall,, Oreg , for the Company
Mr. Clarence E. Briggs, of Prineville, Oreg., llilr Wilbur Yoencan, of
Klamath Falls, Oreg., and Mr William, Wedel, of Bend, Oreg, for the
A. F. of L.
Mr. George Brown, of Portland, Oreg, MMlr Joe Huber, of Klamath
Falls, Oreg., and Mr. Howard Doorell, of Prineville, Oreg., for the I• W. A
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Lumber and Sawmill Workers Union, char-
tered by United Brotherhood of Carpenters & Joiners of America, A F
of L., herein called the A. F of L., alleging that a question affecting com-
inerce had arisen concerning the representation of employees of Ochoco
Lumber Commpany, Prineville, Oregon, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing upon
due notice before John E Hedrick, Trial Examiner Said hearing was held
at Prineville, Oregon, on April 19, 1945. At the commencement of the hear-
ing, the Trial Examiner granted a niotionoof International Woodworkers
of America, Local Union 6-200, C. I. 0., herein called the I W. A, to inter-
vene. The Company, the A. F. of L., and the 1. W. A. appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues. During
the course of the hearing, the I. W. A. moved to dismiss the petition. The
Trial Examiner reserved ruling thereon. The motion is hereby denied. The
Trial Examiner's rulings made at the hearing are free from prejudicial error
62 N L. R B, No. 120
950
OCROCO LUMBER COMPANY 951
and are hereby affirmed All parties were afforded 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
Ochoco Lumber Company maintains logging and mill operations near
Prineville, Oregon. All logs used by the Company at its mill are felled within
the State of Oregon. The Company produces approximately 30,000 board
feet of lumber annually, about 95 percent of which is shipped by it to points
outside the State of Oregon.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
If. THE ORGANIZATIONS INVOLVED '
Lumber and Sawmill Workers Union, chartered by United Brotherhood
of Carpenters & Joiners of America, is a labor organization affiliated with
the American Federation of Labor, admitting to membership employees
of the Company.
International Woodworkers of America, Local Union 6-200, affiliated
with the Congress of Industrial Organizations , is a labor organization ad-
mitting to membership employees of the Company.
0
TII THE QUESTION CONCERNING REPRESENTATION
On January 29, 1945, the A. F. of L. requested the Company to recog-
nize it as the exclusive collective bargaining representative of the employees
at its logging camp and operations near Prineville, Oregon. The Company
refused this request on the ground that it was under a contract with the
I W. A.
On October 1, 1943, the Company and the I W. A. entered into an ex-
clusive collective bargaining contract. The contract was to remain in effect
until April 1, 1945, and from year to year thereafter, unless notice of a desire
to terminate was given by either party thereto not less than 60 days prior
to any annual expiration date. No such notice has ever been given. Inas-
much as the A F. L.'s claim was made in timely fashion, we find that the
contract does not constitute a bar to a present determination of represen-
tatives.
A statement of a Field Examiner of the Board, introduced into evidence
at the hearing, indicates that the A. F. of L. represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate.'
i The statement shows that the A F of L submitted 35 authorization cards bearing the names
of persons who appear on the Company 's pay roll of March 1, 1945 . There are 122 employees in
the appropriate unit. The A F of L 's showing is substantial in view of the maintenance of memhei
ship clause in the Company's contract with the I W. A The I W A did not pi esent any evidence
of representation , but relies upon its contract as evidence of its interest in the instant proceeding
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning the
representation of employees of tfie Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The A. F. of L. urges that all production and maintenance employees in
the woods and sawmill operations of the Company, including the shop fore-
man and the hog feeders, but excluding clerical employees, the bull buck,
joint scaler, and supervisory employees, constitute an appropriate unit. The
Company would exclude the shop foremman, hog feeders, joint scaler, and
bull buck. The C. I. 0. would include the bull buck, joint scaler, and shop
foreman in the unit, but would exclude the hog feeders.
The bull buck supervises the fallers and buckers in the woods. He also
scales logs and the fallers and buckers are paid upon the basis of his scale.
The shop foreman is in charge of two or three employees working in the
woods who are engaged in repairing automative equipment. Although he
works along with his subordinates, he has the authority to hire and dis-
charge. We shall include the bull buck and the shop foreman in the unit
because of the custom of including such employees in bargaining units in the
Northwest logging district 2 _
The joint scaler is employed jointly by the Company and the concern
from which the Company purchases standing timber. The Company pays
so much per board feet for the logs it purchases, based upon the scale, of
the joint scaler. The Company pays one-half of the joint scaler's salary
and the remainder of his salary is paid by the vendor of the standing timber.
We shall exclude the joint scaler from the unit, since his interests appear
to be different from those of the other employees.
The Company employs two persons known as hog feeders. These em-
ployees pick up the scrap timber as it comes out of the mill and load it
onto their own trucks. They then, as independent contractors, sell the scrap
lumber for fuel. It appears that their work with the Company is merely
incidental to their own business of distributing scrap lumber for fuel. We
shall, accordingly, exclude them from the unit.
We find that all production and maintenance employees in the woods
and sawmill operations of the Company, including the bull buck and shop
foreman, but excluding clerical employees, joint scaler, part-time hog feed-
ers, and all supervisory employees in woods operations of the rank of camp
foreman or above, and all supervisory employees in other operations 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.
2 See dlattc; of Coos Bay Liuobcr Company, 62 N L R B 93.
OCHOCO LUMBER COMPANY 953
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by means of an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediaely 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 representatives
for the purposes of collective bargaining with Ochoco Lumber Company.
Prineville, Oregon, an election by secret ballot shall be conducted as early
as possible, but not later than thirty (30) clays from the date of this Direc-
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, Sections 10 and 11, of said
Rules and Regulations, among the employees in-the unit found appropriate
in Section IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees who
did not work during 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 any 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 and Sawmill Workers
Union, chartered by United Brotherhood of Carpenters & Joiners of Amer-
ica, A. F. of L., or by International Woodworkers of America], Local Union
6-200, C. I. 0., for the purposes of collective bargaining, or by ne>;ther.
MR. GERARD D. REILLY, dissenting in part:
I disagree, for the reasons stated in my dissenting opinion in the Coos
Bay case,' with the conclusion reached by the majority that the bull buck
and the shop foreman should be included in the unit.
3 62 N L R B 93