Pacific States Box and Basket Co.

National Labor Relations Board - Board Decisions

Apr 20, 1945

61 N.L.R.B. 641 (N.L.R.B. 1945)

In the Matter of HARBOR VENEER PLANT OF PACIFIC STATES BOX AND
BASKET Co. and INTERNATIONAL WOODWORKERS OF AMERICA, LOCAL
UNION 3-30 and Box SHOOK AND VENEER WORKERS UNION, LOCAL
No. 2687, A. F. L.
Case No. 19-RE-21.-Decided April 20,1915
Mr. J. H. Richardson, of Raymond, Wash., for the Company.
Mr. Virgil Burtz, of Portland, Oreg., and Mr. Bill Briney, of Ray-
mond, Wash., for the C. 1. 0.
Mr. W. A. Nazer, of Aberdeen, Wash., for the A. F. L.
Mr. David V. Easton, of counsel to the Board.
DECISION
0
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Harbor Veneer Plant of Pacific States
Box and Basket Co.,' Raymond, Washington, herein called the Com-
pany, alleging that a question affecting commerce had arisen conceft-
ing the representation of its employees, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Joseph D. Holmes, Trial Examiner. Said hearing was held at Ho-
quiam, Washington, on March 13, 1945. The Company, International
Woodworkers of America, Local Union 3-30, herein called the C. I. 0.,
and Box Shook and Veneer Workers Union, Local No. 2687, A. F. L.,
herein called the A. F. L., appeared, participated and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence 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 :
1 The record indicated that this is the correct name of the employer The Trial Examiner
granted a motion at the hearing to correct all papers in this proceeding so as to reflect
properly the name of the employer involved.
61 N. L. R. B., No. 98.
641
642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Harbor Veneer Plant of Pacific States Box and Basket Co. is a
California corporation engaged at Raymond, Washington, in the
manufacture of stitched veneer covers, veneer pea hamper staves,
veneer drum stocks, and related products. The principal raw mate-
rial used by the Company is logs, which are procured entirely from
within the State of Washington. Gross sales of the Company during
the year 1944 amounted to approximately $281,000, of which 38.5
percent was sold and shipped to points outside the State of Wash-
ington.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local Union 3-30, is a
labor organization, affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
Box Shook and Veneer Workers Union, Local No. 2687, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize either of the labor organizations
involved herein as the representative of its employees until certifica-
tion by the Board.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the C. I. O. represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate?
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
Substantially in accordance with the stipulation of,the parties made
at the hearing, we find that all production and maintenance employees
of the Company, including the "boom man," sorter boss, and head
O
2 The Field Examiner reported that the C. I. O. submitted 35 designations which
"checked " on the Company ' s pay roll for the period ending January 31, 1945. He further
reported that there were approximately 52 employees In the unit alleged to be appropriate,
HARBOR VENEER PLANT OF PACIFIC STATES, BOX AND BASKET CO. 643
of the stitching department,' but excluding clerical employees, the
general manager 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, con-
stitute 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction 4
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 Harbor Veneer
Plant of Pacific States Box and Basket Co., Raymond, 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
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 immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who pre-
sent 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 direction, to determine whether
8 The record clearly indicates that these three employees are not supervisory within the
meaning of our usual definition
4 The record' indicates that the A. F. L. had been conducting bargaining relations with
the Company since 1939 pursuant to a parole arrangement. There is some evidence indi-
cating that the membership of the A. F L. voted to dissolve and to affiliate with the C. I 0
There is also evidence that the attempted dissolution was not completely successful and
that the A. F. L. still retains membership among the employees of the Company. Under
these circumstances we shall accord the A. F. L. a place upon the ballot. °
644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
they desire to be represented by International Woodworkers of
America, Local Union 3-30, C. I. 0., or by Box Shook and Veneer
Workers Union Local No. 2687, A. F. L., for the purposes of collective
bargaining, or by neither.
CHAIRMAN MILIJS took no part in the consideration of the above
Decision and Direction of Election.