Pelican Bay Lumber Co.

National Labor Relations Board - Board Decisions

May 12, 1942

40 N.L.R.B. 1317 (N.L.R.B. 1942)

In the Matter of PELICAN BAY LUMBER COMPANY and LOCAL No.
6-12, I . W. A.-C. I. O.
Case No. R-3719.-Decided May 12,194
Jurisdiction :, lumbering,,, industry; lumber manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal-to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding supervisory and clerical employees, certain inspectors,
and an assistant foreman.
Messrs. R. C. Groesbeck and Richard B. Maxwell , of Klamath Falls,
Oreg., for the Company.
Mr. George Brown, of Klamath Falls, Oreg., for the I. W. A.
Mr. J. G. Wolf, of Medford , Oreg., for the Sawmill Workers.
Mr. J. Benson Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Thternational Woodworkers of America,
Local No. 6-12, C. I. 0., herein called the I. W. A., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Pelican Bay Lumber Company, Klamath Falls, Ore-
gon, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Charles
M. Brooks, Trial Examiner. Said hearing was held at Klamath
Falls, Oregon, on April 10, 1942. The Company, the I. W. A., and
Lumber and Sawmill Workers, Local No. 2822, affiliated with the
American Federation of Labor, herein called the Sawmill Workers,
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 hear-
ing are free from prejudicial errors and are hereby affirmed.
Upon the entire record in the case, the Board makes the following.
40 N. L R. B, No 234.
1317
1318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Pelican. Bay Lumber Company is, an ,Oregon corporation, having
its principal place of business at Klamath Falls, Oregon. It is en-
gaged in planing mill, work and logging-and also manufactures lum-
ber and box shooks. During 1941 the Company cut and logged over
50 million feet of logs. In addition it secured from other sources
-between 12 and 14 million feet of logs. Of this latter amount about
61, million feet came from sources outside the State of Oregon.
During the same year the Company manufactured approximately 70
million feet of lumber, 90 percent of which was shipped to points
outside the State of Oregon.
II. 111E ORGANIZATIONS INVOLVED
International Woodworkers of America, Local No. 6-12, is a labor
organization affiliated, with the' Congress of Industrial; Organizations.
It admits to membership employees of the Company.
Lumber. and Sawmill Workers, Local No. 2822, is a labor organiza-
tion affiliated with the American Federation of Labor. It admits
to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
It was agreed by all parties that a question concerning representa-
tion has arisen. The I. W. A. requested the Company to recognize
'it as the collective bargaining representative. The Company, how-
ever, refused to do'so unless' and until the I. W. A. was certified by
'the Board. It was also agreed by. all parties that both labor organi-
zations involved represent a substantial number, of'the Company's
employees.
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 National Labor
Relations Act.
1 A statement of the Field Examiner for the Board verifies 118 cards out of the 125
handed him by the I W. A as bearing the signatures of persons whose names appear
on the Company 's pay roll of March 15, 1942 This pay roll contains the names of
305 persons in the alleged appropriate unit
The statement of the Field Examiner also verified 28 cards of the sawmill Workers
All -the signatures appear to be genuine and 23 thereof are the names of persons whose
names appear on the above -mentioned pay roll of the Company.
The unions were prepared to submit additional cards but the Trial Examiner stated it
was unnecessary in view of the stipulation that each represented a substantial number.
r, , PELICAN BAY LUMBER" COMPANY
IV. THE APPROPRIATE UNIT,'
1319
Except as noted below, it is agreed by, the parties that all pro-
_diietion-'