Rathborne, Hair & Ridgway Co.

National Labor Relations Board - Board Decisions

Oct 24, 1940

27 N.L.R.B. 1107 (N.L.R.B. 1940)

In the Matter of RATHI3ORNE, HAIR & RIDGWAY COMPANY and INDE-
PENDENT Box WORKERS UNION
Case No. R4060.-Decided October 241, 191F0
Jurisdiction : wooden box manufacturing industry.
Practice and Procedure : petition dismissed where no appropriate unit within
scope of petition.
Winston, Straiwn cC Shaw, by Mr. George B. Christensen, of
Chicago, Ill., for the Company.
Mr. Bruce L. Schluter, of Cass Lake, Minn., for the Independent.
Mr. Henry Paul, of Duluth, Minn., for Local 216.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
ORDER -
STATEMENT OF THE CASE
On August 6, 1940, Independent Box Workers Union, herein called
the Independent, filed with the Regional Director for the Eighteenth
Region (Minneapolis, Minnesota) a petition, and on August 20, 1940,
an amended petition, alleging that a question affecting commerce had
arisen concerning the representation of employees of Rathborne, Hair
& Ridgway Company, Cass Lake, Minnesota, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On August 30, 1940, 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 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On September 5, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Independent, and Local 216, International Woodworkers of America,
herein called Local 216, a labor organization, claiming to represent
27 N. L. R. B, No. 178.
1107
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees of the Company. Pursuant to notice, a hearing was held
at Cass Lake, Minnesota, on September 19, 1940, before Robert J.
Wiener, the Trial Examiner duly designated by the Board. The
Company and Local 216 were represented by counsel and the In-
dependent by a representative; all participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing upon the issues was afforded all parties.
The Trial Examiner granted a motion by Local 216 to intervene.
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
1. THE BUSINESS OF THE COMPANY
Rathborne, Hair & Ridgway Company, an Illinois corporation,
is engaged principally in the manufacture of wooden boxes at plants
located in six different States. The Company operates a sawmill
and box factory at Cass Lake, Minnesota. This case involves only
the employees at Cass Lake.
The Company uses annually at Cass Lake raw materials valued
at approximately -$90,000, substantially all of which originate within
the State of Minnesota. The Company's annual sale of products,
consisting principally of unassembled boxes, grain boards, shavings,
sawdust, and wood for fuel, manufactured at this plant, is valued
between $250,000 and $300,000. Approximately 98 per cent of such
products is shipped to points outside the State of Minnesota.
II. THE ORGANIZATIONS INVOLVED
Independent Box Workers Union is an unaffiliated labor organiza-
tion admitting to membership employees of the Company at Cass
Lake.
Local 216, International Woodworkers of America, is a labor or-
ganization affiliated with the Congress of Industrial Organizations.
It admits to membership- employees of the Company.
III. THE APPROPRIATE UNIT
In its amended petition the Independent alleges that all pro=
duction workers in the box factory, including dry-lumber loaders,
RATHBORNE, HAIR & RIDGEWAY COMPANY 1109
teamsters, and powerhouse employees, but excluding foremen, super-
visors, and office workers, constitute an appropriate unit. The In-
dependent would exclude the sawmill employees from the production
unit. Local 216 opposes the separation of the factory employees
from those in the sawmill and urges that the petition should ,be
dismissed for the reason that the unit alleged therein is not appro-
priate for the purposes of collective bargaining. The Company as-
serts that the sawmill employees may properly be either included
in a large production unit or considered as a separate bargaining unit.
The Company operates under common management on its premises
at Cass Lake a box factory employing approximately 65 persons,
and a sawmill employing approximately 30 persons. Electric power
is supplied both of these plants from the Company's powerhouse.
Substantially all of the wood used by the box factory is supplied by
the sawmill. A common watchman and teamster force serve both
plants. Although the bonus system at the box factory and sawmill
is somewhat different, the base rate of pay at each is substantially
similar. The sawmill shuts down for 5 or 6 months a year, while
the box factory operates continuously. During this shut-down period,
the sawmill employees are given a preference in filling vacancies in
the box factory, and at least five or six of these employees usually
obtained employment in the factory.
On March 21, 1939, th6 Board conducted a consent election among
the sawmill and box-factory production employees of the Company
at Cass Lake as a single unit, to determine whether or not they de-
sire to be represented by Local 216.1 That organization obtained a
majority of the votes cast in the election and was thereafter, recog-
nized as the exclusive representative of employees in the above unit.
After the election the Company and Local 216 unsuccessfully sought
to negotiate a contract covering employees in this unit.
Under- all the circumstances of this case, we find that a unit re-
stricted to box-factory employees, as requested by the Independent,
is not appropriate for the purposes of collective bargaining.
IV. THE QUESTION CONCERNING REPRESENTATION
Since the bargaining unit sought to be established by the petition
is not appropriate, as stated in Section III above, we find that no
question has arisen concerning the representation of employees of
the Company in an appropriate bargaining unit.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
1 At that time this organization was known as Local M-i 73
1110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSION OF LAW
No question concerning representation of employees of Rath-
borne, Hair & Ridgway Company, Cass Lake, Minnesota, in a unit
which is appropriate for the purposes of collective bargaining, has
arisen within the meaning of Section 9 (c) of the National Labor
Relations Act.
ORDER
On the basis of the foregoing findings of fact and conclusion of
law, the National Labor Relations Board orders that the petition
and the amended petition for investigation and certification filed by
Independent Box Workers Union, be, and they are hereby, dismissed.