Row River Lumber Co.

National Labor Relations Board - Board Decisions

Mar 11, 1941

30 N.L.R.B. 232 (N.L.R.B. 1941)

In the Matter of Row RIVER LUMBER COMPANY and LOCAL No. 2627,.
LUMBER AND SAWMILL WORKERS, CHARTERED BY THE UNITED BROTH-
ERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR and LOCAL No. 76, DISTRICT 1,.
INDUSTRIAL EMPLOYEES UNION, INC.
In the Matter of Row RIVER LUMBER COMPANY and LOCAL UNION No-
5-248, INTERNATIONAL WOODWORKERS OF AMERICA, AFFILIATED WITH.'
THE C. I. O.
Cases Nos. RE-19 and R-2210.-Decided March 11, 1941
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatires ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company at its mill and logging operations, including em-
ployees engaged in construction work, but excluding mill, yard , planing mill
and woods superintendents , the bull buck, the hook tender, and office employees-
Mr. William A. Babcock, Jr., for the Board.
Mr. Philip Chipman, of Portland, Oreg., for the Company.
Mr. W. C. Funk, of Eugene, Oreg., for the I. W. A. '
Mr. Homer L. Haney, of Cottage Grove, Oreg., for the Lumber and
Sawmill Workers. I
Cllr. J. G. Wolf, of Portland, Oreg., for the I. E. U.
Mr. Bertram Diamond, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 22, 1940, Row River Lumber Company, Dorena, Ore-
gon, herein called the Company, and on November 29, 1940, Local
Union No. 5-248, International Woodworkers of America, affiliated
with the Congress of Industrial Organizations,' herein called the.
I. W. A., respectively filed with the Regional Director for the Nine-
1 Designated in formal papers preceding the hearing as Local Union #248, International
Woodworkers of America, affiliated with the C. I. O.
30 N. L R. B., No. 31.
232
ROW RIVER LUMBER COMPANY 233'
teenth Region (Seattle, Washington), separate petitions, each alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of the Company employed at its sawmill
and logging operations centered in Dorena, Oregon, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On December 4, 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 on due notice; and, pur-
suant to Article III, Section 10 (c) (2) of said Rules and Regula-
tions, ordered that the two cases be consolidated for the purposes of
the hearing.
On December 4, 1940, the Regional Director issued a consolidated
notice of hearing in the two cases, copies of which were duly served
upon the Company and the I. W. A., the petitioners herein, and
upon Local No..2627, Lumber and Sawmill Workers, chartered by
the United Brotherhood of Carpenters and Joiners of `America,
affiliated with the American Federation of Labor, herein called the
Lumber and Sawmill Workers, and Local No. 76, District 1, Indus-
trial Employees' Union, Inc., chartered by the Industrial Employees'
Union, Inc., herein called the I. E. U., -labor organizations claiming
to represent employees directly affected by the investigation.
Pursuant to notice, a hearing was held at Eugene, Oregon, on
December 16, 1940, before Thomas S. Wilson, the Trial Examiner
duly designated by the Board. All parties were represented by
counsel or by official representative and participated in the hear-ing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. 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 Exam-
iner 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
I. THE BUSINESS OF THE COMPANY
Row River Lumber Company is an Oregon corporation with prin-
cipal offices at Portland, Oregon. It is engaged. in the business of
234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
logging and of manufacturing lumber and lumber products at, and
in the vicinity of Dorena, Oregon. The logs produced at the logging
operations, which are located about 6 miles from the sawmill, are
transported by truck to the sawmill, where they are cut into lumber.
From August 15, 1940, when the Company commenced production
operations, to and including November •1940,}the Company 'has,pro-
duced and sold about 4,150,000 feet of lumber, valued at $75,000.
About 95% of such lumber was shipped to purchasers outside the
State of Oregon.
H. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local No. 5-248, is a labor
organization affiliated with the Congress of Industrial Organizations.
Lumber and Sawmill Workers Union, Local No. 2627, chartered
by the United Brotherhood of Carpenters and Joiners of - Americ t,
is a labor organization, affiliated with the American Federation of
Labor.
Industrial Employees' Union, Inc., Local No. 76, District, 1, is a
labor, organization ',,chartered by,the industrial , Employees' Union,,Inc.
The three, labor organizations admit to membership production
and maintenance employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Lumber and Sawmill Workers by letter of September 7, 1940,
the I. E. U. by letter of October 10, 1940, and the I. W. A. by letter
of November 20, 1940, each notified the Company of its claim to
represent' a majority of the Company's employees and requested the
Company to recognize it as the exclusive bargaining agent for such
employees. The Company declined to recognize or bargain with any
of these organizations on the ground that there was a dispute as
to which of them, if any, had been designated as collective bargaining
representative by the majority of its employees.
There was introduced in evidence a statement by a Field Examiner
for the Board showing that each of the organizations involved repre-
sents a substantial number of employees in the unit herein found
appropriate.2
'According to the statement the Company 's pay roll for October 22 , 1940 , showed about
116 employees in the appropriate unit.
The Lumber and Sawmill workers submitted 37 authorization cards and 32 membership
cards, bearing what appeared to be genuine original signatures . The authorization cards
were dated from August 20 to October 4, 1940 ; inclusive . The membership cards were
dated from August 30, 1939, to June 28, 1940 , inclusive, with the exception of one which
ROW RIVER LUMBER COMPANY 235,
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING 'REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has.
arisen , occurring in connection with -the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,.
'and tends to, lead to labor' disputes burdening and, -obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
All the parties agreed upon including within the unit all produc-
tion and maintenance employees of the Company, including em-
ployees engaged in construction work, at its mill and logging opera-
tions in the vicinity of Dorena, Oregon. There was also agreement,
among them upon the exclusion of the mill, yard, planing mill and
woods superintendents, and of office employees. The three labor
organizations agreed upon the exclusion of the bull buck and the
hook tender, who, the , record shows, give orders to ordinary em-
ployees and have power to recommend hire and discharge. The
Company took no position on their inclusion or exclusion.
We find that all production and maintenance employees of the
Company at its mill and logging operations in the vicinity of Dorena,
Oregon, including employees engaged in construction work, but, ex-
cluding mill, yard, planing mill and woods superintendents, the bull
buck,,the-'hook,,tender,, and office, employees,, constitute a unit appro-
priate' for the purposes of collective bargaining, and that such unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
was dated June 1, 1935. Of the 69 cards submitted , 54 bore names appearing on the pay
roll for October 22, 1940.
The I. E. U. submitted 64 application cards bearing what appeared to be genuine original
signatures The cards 'were dated between July 16, 1940, and October 29, 1940 On them
appeared 58 names which were also on the pay roll for October 22, 1940.
The I. W. A. submitted 39 membership cards bearing what appeared to be genuine origi-
nal signatures The cards were dated from October 22, 1940, to November 1, 1940. On
the cards were 38 names which also appeared on the pay roll for October 22, 1940
The names of 9 persons appear on cards submitted by all three organizations. 'The
names of 7 appear on cards both of the Lumber and Sawmill Workers and the I. E U.
The names of 16 appear on cards both of the Lumber and Sawmill Workers and the I W. A.
The names of 16 appear on cards both of the I. E. U. and the I. W. A.
236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
The question concerning representation which has arisen can best
be resolved by, and we shall accordingly direct, an election by secret
ballot.
Although it had agreed to the unit found above, the I. E. U. ques-
tioned the eligibility to vote of employees engaged in ' construction
work. The pay-roll - list for November 30, 1940; shows about 10
such employees. The number varies according to the weather. Some
of the construction workers were hired to their present occupation;'
others 'were transferred to it from other operations. When it is
necessary, construction workers do other work. Construction at the
sawmill is expected to continue indefinitely. We find that construc-
tion workers are entitled to participate in the election. We shall
direct that those eligible to vote in the election shall be the employees
in the appropriate unit who are employed by the Company during
the pay-roll period immediately preceding the date of our Direction
of Election herein, with such limitations as are set forth in the
Direction.
In a previous decision the Board found the Industrial Employees'
Union, Inc., to be employer dominated and, because of the inter-
dependence of that organization and its locals, also found "each
of its component parts . . . employer dominated." 3 The present
record does not adequately disclose the relationship between the
I. E. U. and its parent organization. Neither the I. W. A. nor the
Lumber and Sawmill Workers has objected to participation by the
I. E. , U. in the hearing or the election. It does not appear.that,
the I. E. U. had sufficient notice that it might not be placed on the
ballot because of its connection with the Industrial Employees'
Union, Inc. For the foregoing reasons we shall direct .that its name
appear on the ballot.
Upon the basis- of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Row River Lumber Company, Dorena,
Oregon, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company at
its mill and logging operations in the, vicinity of Dorena, Oregon,
sMatter of McGoldrick Lumber Company, et al and Lumber and Sawmill Workers Union,
etc., 19 N . L. It. B. 887.
ROW RIVER LUMBER COMPANY 237
including employees engaged in construction work, but excluding mill,
yard, planing mill and woods superintendents, the bull buck, the
hook tender, and office employees, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b), of the Act.
DIRECTION OF ELECTION
By virtue of a^d pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Row River Lumber Company, Dorena, Oregon, an election by
secret ballot shall be conducted as early as possible but not later than
sixty (60) days from the date of this Direction of Election, under
the 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, Section 9, of said Rules and Regulations,
among all production and maintenance employees employed by the
Company at its mill and logging operations in the vicinity of Dorena,
Oregon, during the pay-roll period immediately preceding the date
of this Direction of Election, including employees engaged in con-
struction work, employees who did not work during such pay-roll
period because they were ill or on vacation, or absent because called
for military service, and employees who were then or have since
been temporarily laid off, but excluding mill, yard, planing mill and
woods superintendents, the bull buck, the hook tender, office employees
and those who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by Local Union No. 5-248,
International Woodworkers of, America, affiliated with the C. I. 0.,
Local No. 2627 Lumber and Sawmill Workers, chartered by the United
Brotherhood of Carpenters and Joiners of America, affiliated with
the American Federation of Labor, or Local No. 76, District 1,
Industrial Employees' Union, Inc., or by none of them.