Setzer Box Co.

National Labor Relations Board - Board Decisions

Oct 30, 1945

64 N.L.R.B. 605 (N.L.R.B. 1945)

In the Matter of SETZER Box COMPANY and INTERNATIONAL WOOD-
WORKERS OF AMERICA, CIO
In the Matter of SETZER Box COMPANY and INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND HELPERS,
LOCAL UNION 137, AFL
Cases Nos. 20-R-1418 and 00-R-14482, respectively. Decided October
30, 1945
Mr. H. W. Ryan, of Sacramento , Calif., and Mr. Ernest Thomas, of
Marysville , Calif., for the Company.
Mr. Joe F. Clark, of Susansville , Calif., and Mr. R. B. Johnson, of
Placerville, Calif., for the I. W. A.
Tobriner and Lazarus , by Mr. Albert Brundage , of San Francisco,
Calif., Messrs . G. A. Shearin and John J. Whitelaw, both of Marysville,
Calif., for the Teamsters.
Miss Helga, Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Woodworkers
of America, CIO, herein called the I. W. A., and International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local
Union 137, AFL, herein called the Teamsters, alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees of Setzer Box Company, Sacramento, California, herein called
the Company, the National Labor Relations Board consolidated the
proceedings by an order dated August 23, 1945, and provided for an
appropriate hearing upon due notice before Louis R. Mercado, Trial
Examiner. The hearing was held at Sacramento, California, on
September 5, 1945. The Company, the I. W. A., and the Teamsters
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 error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the Board.
64 N. L R. B., No. 101.
605
606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Setzer Box Company, a California partnership with its principal
place of business at Sacramento, California, is engaged in the logging
of timber and the manufacture of lumber, box shook, and other lumber
products. Its logging operations are conducted at several points
within the State of California, including the Dobbins, Honeycut, and
Ramirez Station area, which are involved in this proceeding. Sub-
stantially all logs used by the Company at its Sacramento mill are
obtained from its own operations in this area. During 1944, the Com-
pany used raw materials at its Sacramento mill, valued in excess of
$52,317, about 5 percent of which was transported to the Company
from points outside the State of California. During the same period,
the Company manufactured lumber products at this mill, valued in
excess of $1,358,491, approximately 20 percent of which was shipped
to points outside the State of California.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America , affiliated with the Congress
of Industrial Organizations , is a labor organization admitting to
membership employees of the Company.
International Brotherhood of Teamsters, Chauffeurs , Warehouse-
men and Helpers, Local Union 137, affiliated with the American Fed-
eration of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant recognition to either the I. W. A.
or the Teamsters as the exclusive bargaining representative of certain
of its employees until these unions have been certified by the Board in
an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the I. W. A. and the Teamsters each represents a
substantial number of employees in the unit alleged by each to be
appropriate.'
The Field Examiner reported that the I. W A submitted 22 signed applications ; that
the names of 22 persons appearing on the cards were listed on the company 's pay roll
of May 2 , 1945 , and that there were 50 employees in the unit the I. w. A. alleges to be
appropriate He further reported that the Teamsters submitted 11 signed applications;
that the names of 7 persons appearing on the cards were contained in the aforesaid pay
roll ; and that there were 12 employees in the unit the Teamsters alleges to be appropiiate.
SETZER BOX COMPANY 607
We find that questions affecting commerce have 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; THE DETERMINATION OF REPRESENTATIVES
The I. W. A. and the Company contend that the following unit is
appropriate : all production and maintenance employees engaged in
the Company's logging operations in or near Dobbins, Honeycut, and
Ramirez Station, including the cook house employees, but excluding
the head cook, the bull buck, the assistant woods foreman, the tempo-
rary truck foreman, the logging superintendent, and all other super-
visory employees. The Teamsters opposes the establishment of such
an operation-wide unit and urges the creation of a separate unit com-
posed of all Diesel truck drivers, the dump truck driver, and all
mechanics and the greaser at Ramirez Station, excluding the tempo-
rary truck foreman, and all other supervisory employees. Both the
I. W. A. and the Company contend that should the Board find the unit
sought by the Teamsters to be appropriate, the dump truck driver and
the mechanics and the greaser at Ramirez Station should be excluded.
There has been no previous history of bargaining at the Company's
Honeycut, Dobbins, and Ramirez operations, which were commenced
in 1944. Timber is felled and cut into convenient lengths in the woods
near Dobbins and Honeycut, which are approximately 20 miles apart.
From this area, the logs are hauled in Diesel trucks to Ramirez Station
and loaded at this rail head on railway cars for shipment to the Com-
pany's Sacramento mill.
The Company employs about 45 men in the entire area. The major-
ity of these employees work in the woods near Dobbins and Honeycut
and are engaged in felling and cutting the timber. The Company
provides a camp and cook house at Dobbins for these men. In addition
to these fallers, a mechanic and a greaser also work in the woods repair-
ing logging equipment and Diesel trucks. A road crew consisting of
3 employees, a dump truck driver, a water wagon driver, and an
operator of road building equipment, maintain the Company's roads
in the woods. At Ramirez Station, which is located approximately
33 miles from the woods, the Company maintains a repair shop in
which 4 mechanics and a greaser service and repair the Diesel trucks
and other logging equipment. There is a loading crew of 7 or 8 men
stationed there and the 6 or 8 Diesel truck drivers operate out of this
rail head.
The Diesel truck drivers are the only employees supervised exclu-
sively by the temporary truck foreman; he may recommend the hire
or discharge of a driver to the logging superintendent who is respon-
sible for all the Company's operations in the entire area. Although
608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
drivers may work in the repair shop at Ramirez during the "off season,"
and occasionally during the season if their trucks break down, they
have no regular duties other than the operation of the Diesel trucks.
The record reveals that the operation of a Diesel truck requires definite
skill and only men experienced in truck driving are employed by the
Company. Furthermore , although the Company maintains a single
accounting system for this area at its Sacramento office, the drivers
work longer hours than other employees and their compensation varies
accordingly . Therefore , it appears that the Company's Diesel truck
drivers constitute a homogeneous , skilled group.
We are not persuaded , however, that the record reveals that the in-
terests of the four mechanics and the greaser in the Ramirez shop or
the interests of the dump truck driver of the road maintenance crew
are more closely related to those of the Diesel truck drivers than to
those of other employees . The mechanics and the greaser at Ramirez
spend part of their time repairing the Diesel trucks and part repairing
other logging equipment ; while working on other logging equipment
they are not supervised by the temporary truck foreman, but by the
logging superintendent. Their hours of work correspond to those of
other logging employees rather than to the hours -of the truck drivers.
Furthermore, it is apparent that different skills are required to service
and repair machinery than are required to operate a Diesel truck.
While the mechanics and greaser work at Ramirez Station, out of
which the truck drivers operate, the geographical arrangement of the
logging operations cannot be considered a determinant factor, for the
loading crew , which the Teamsters would exclude from its unit, works
exclusively at Ramirez. We note, also, that the greaser and the
mechanic working in the woods perform the same functions as the men
in the shop, yet they are not included by the Teamsters as a part of
the unit which it alleges to be appropriate. The dump truck is sta-
tioned at Ramirez and the driver, in reporting in and out of his
station, is partially supervised by the temporary truck foreman. Dur-
ing the day, he works with the road maintenance crew in the woods
and is supervised by the logging superintendent. Because of the
nature of the dump truck drivers' work on road repair, we conclude
that his interests are more closely related to those of other members
of the maintenance crew than to those of the Diesel truck drivers.
From all the foregoing facts, it appears that the Company conducts
its logging operations as an integrated enterprise and that an oper-
ation-wide unit would be feasible. It further appears, however, that
the Diesel truck drivers constitute a homogeneous and skilled group,
with interests differing substantially from those of other employees,
and that a separate unit of such employees would also be feasible.
Accordingly , we shall not make a present finding as to the appropriate
SETZER BOX COMPANY 609)
unit or units but shall determine the desires of the employees them-
selves by directing separate elections among the Diesel truck drivers
and among the remaining employees of the Company's Honeycut,
Dobbins, and Ramirez operations. Upon the results of the elections
will depend, in part, our determination of the appropriate unit or
units.2
We shall direct that the questions concerning representation which
have arisen be resolved by seperate elections by secret ballot among
the Company's employees engaged in its logging operations at Honey-
cut, Dobbins, and Ramirez Station, in each of the following groups
described below who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Elections herein,
subject to the limitations and additions set forth in the Direction:
Group 1. All Diesel truck drivers, excluding the temporary truck
foreman, 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; and
Group 2. All remaining production and maintenance employees, in-
cluding the dump truck driver, the mechanics and the greaser at
Ramirez Station, and the cook house employees, but excluding Diesel
truck drivers, the bull buck, the head cook, the assistant woods fore-
man, the logging superintendent, 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.
DIRECTION OF ELECTIONS
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 Setzer Box Com-
pany, Sacramento, California, separate elections 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 Twentieth 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 voting groups described 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 dur-
2 Matter of Wayne Hale, 61 N. L R B. 1305. To the extent that Matter of Collins Pine
Company, 54 N. L. It. B. 670, is inconsistent with our holding in the instant proceeding,
it is hereby overruled.
670417-46-vol 64-40
610 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
elections, (1) to determine whether the employees in Group 1, described
in Section IV, above, desire to be represented by International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers,
Local Union 137, AFL, or by International Woodworkers of America,
CIO, for the purposes of collective bargaining, or by neither; and (2)
to determine whether or not the employees in Group 2, described in
Section IV, above, desire to be represented by International Wood-
workers of America, CIO, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.