Simpson Logging Co.

National Labor Relations Board - Board Decisions

May 5, 1942

40 N.L.R.B. 1180 (N.L.R.B. 1942)

In the Matter of SIMPsoN LOGGING COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL 38, (C. I. 0.)
In the Matter of SIMPsoN LOGGING CO., SHELTON, WASHINGTON and
LUMBER AND SAWMILL WORKERS UNION, LOCAL 2761, A. F. OF L.
Cases Nos . R-3637 and R-3638, respectively.-Decided May 5, 194
Jurisdiction : ]timbering industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord either of competing organizations recognition until certified by
the Board; question concerning representation held to exist in only part of
unit requested by one of the•petitioners'-where that petitioner's claim to repre-
sent a majority of the remaining employees is not disputed ; election necessary.
Unit Appropriate for Collective Bargaining : employees of remanufacturing
plant of a lumbering company, separate from Company's mill and logging
operations, held to constitute an appropriate unit.
Ryan, Askren cC Mathewson, by Mr. Mark F. Mathewson, of
Seattle, Wash., for the Company. -
Mr. James J. Molthan, of Seattle, Wash., for the C. I. O.
M11r. L. Presley Gill, of McCleary, Wash., for the A. F. of L.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE,CASE
Upon petitions duly filed by International Woodworkers of Amer-
ica, Local 38, (C. I. 0.), herein called the C. I. 0., and by Lumber
and Sawmill Workers Union, Local No. 2761, A. F. of L., herein
called the A. F. of L., alleging that a question affecting commerce had
arisen concerning the representation of employees of Simpson Log-
ging Company, Shelton, Washington, 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 Shelton, Washington, on March 17, 1942. The
Company, the C. I. 0., and the A. F. of L. appeared, participated,
and were accorded full opportunity to be heard, to examine and cross-
40 N. L. R. B., No. 202.
1180
SIMPSON LOGGING COMPANY 1181
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings, made at the hearing, are free from
prejudicial errors and-are hereby affirmed. -
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. TIIE BUSINESS OF TIIE COMP ANY
Simpson Logging Company is a Washington corporation, with
its principal offices in Seattle, Washington. It is engaged in pro-
ducing and processing logs, lumber, and wood products for commer-
cial use. The Company owns and operates two logging camps located
17 and 38 miles, respectively, from Shelton, Washington, a remanu-
facturing plant (also known as the McCleary Plywood and Door
plant) in McCleary, Washington, and two sawmills at Shelton,
Washington. One of the Shelton mills, known as Mill No. 2, and the
McCleary remanufacturing plant, were purchased by the Company on
or about January 1, 1942. During the year 1940 the Company pro-
duced in its logging operations 153,648,950 feet of logs, which it sold
in the State of Washington. During the same year it processed and
produced 37,354,890 feet of lumber, between 90 and 95 percent of
which was shipped to points outside the State of Washington. The
Company's operations during 1941 were substantially the same as in
1940. 0 .
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local 38, is a labor organi-
zation affiliated with the Congress of Industrial Organizations, admit-
ting to membership all employees of the Company.
Lumber and Sawmill Workers Union, Local 2761, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QLES'IION CONCERNING REPRESENTATION
The Company refused to bargain collectively with either of the two
unions as the representative of its McCleary remanufacturing plant,
until their conflicting claims were resolved by the Board and until
either is certified as a statutory representative. A statement of the
Field Examiner introduced in evidence shows that both unions rep-
resent a substantial number of the Company's employees in the unit
hereinafter found to be appropriate.'
1 The Field Examiner 's statement shows that the C I. 0 has submitted 217 member-
ship application cards dated between October 3 , 1941 ; and January 17, 1942 All bore
genuine "original signatures. and 87 are ` names of persons on the Company ' s pay roll of
February 1, 1942, for its McCleary remanufacturing ._ plant, which contains , 256 names
1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question 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.
Although the petition filed by the C. I. O. requests a unit em-
bracing all employees of the Company's various operations, that or-
ganization's claim to represent a majority of such employees else-
where than at the McCleary remanufacturing plant is apparently not
disputed. The C. I. O. and the Company have separate written con-
tracts covering Shelton Sawmill No. 1 and the logging operations of
the Company and negotiated an oral agreement covering employees
of Shelton Sawmill No. 2 immediately following its purchase from
the Henry McCleary Timber Company.
Under these circumstances and inasmuch as we hereinafter find
that the remanufacturing plant employees constitute a separate ap-
propriate bargaining unit, we find that no question has arisen con-
cerning the representation of the Company's employees elsewhere
than at the McCleary remalnifacturing plant
IV. THE APPI1O11RIATE UNIT
The C. I. O. requests a unit comprising all employees of the Com-
pany's operations, excluding office employees, supervisory employees
with the rank of foreman or higher, boom men and rafters.
The A. F. of L. seeks to represent all employees in the McCleary
remanufacturing plant, excluding clerical employees ^ and super-
visory employees with the right to hire and discharge.
The Company supports the position taken by the C. I. O.
The C. I. O. and the Company base their contentions as to appropri-
ate unit principally upon alleged numerous transfers of employees
which have taken place, and may take'place,in the future, among the
various operations of the Company. The testimony reveals that
with the exception of a construction maintenance crew numbering
about 30 men, who circulate throughout all the Company's operations,
and with the further exception of the transfer of a "number" of com-
mon laborers, no sizeable transfers have taken place. It appears,
however, that the McCleary remanufacturing plant is distinguishable
The A . F. of L submitted 337 membership application cards ; 2 were dated January 1,
1941 , 3 were undated , 332 were dated between November 5, 1941 , and January 21, 1942
All bore genuine original signatures , and 176 bore the names of persons on the re-
manufacturing plant pay roll of February 1, 1942 The C I ' O. already had contracts
or was negotiating for contracts , with the Company covering the employees of the
other operations conducted by the Company . The A F. of L . made no claim to represent
such other employees
In Matter of Henry McCleary Timber Company , 39 N L R B . 646, a proceeding
arising on charges filed by the C. I 0 , alleging, inter aha, that the Henry McCleary
Timber Company had refused to bargain collectively , the Board found ' that certain
employees of that employer at its Shelton Sawmill , constituted an appropriate unit.
SIMPSON LOGGING COMPANY 1183
from the other units of the Company's operations both as to the
kind and degree of skill required of employees and the nature of its
product. The skilled and semiskilled workmen employed in the
McCleary remanufacturing plant cannot be transferred to other
phases of the Company's work without retraining. It further ap-
pears that the C. I. O. has in the past bargained with the Company
(and with its predecessor in ownership of the McCleary operations),
separately for the several operations which it now, seeks to include
in a single unit.
Under all the circumstances we are of the opinion, and find, that the
Company's remanufacturing plant employees comprise a separate
appropriate bargaining unit.
The C. I. O. would exclude from the unit, and the A. F. of L.
would include two individuals, Calvin M. Dyclie and Robert H.
Clark. The former is listed as "foreman-sanders," He has no
authority to hire or discharge, and his recommendations are not
accepted without investigation. The latter is listed as "foreman-
panel department." He also has no authority -to hire or discharge,
and his supervisory powers are strictly limited to supervision over
certain -work. The Company takes no position as to these two em-
ployees. We are of the opinion that both should be included. The
two unions agreed that boom men and the two tug men should be
excluded. They further agreed on the exclusion of six named fore-
men.' We shall exclude booin men and the six foremen. -
We find that all employees of the Company in its McCleary re-
manufacturing plant, including Calvin M. Dyche and Robert H.
Clark, but excluding clerical employees, supervisory employees with
the right to hire and discharge (including William Soller, Earl
Bland, Lee Allen Wills, H. Jakubovski, George Gilmore Hughes,
--Ind Ivan A. Taylor), boom men, and tug men, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
V. THE DETERDIINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. In ac-
cordance with our usual' practice we shall direct that those eligible
to vote shall b2 the employees in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to the limitations and
additions set forth in the Direction.
'The foremen evcLided are William Solder, Earl Bland , Lee Allen Wills , H Jakuboveki,
George Gilmore Hughes, and Ivan .A Taylor
1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 2, 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 Simpson Logging Company,. Shelton, 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 Nine-
teenth 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 the employees of the Company 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 such pay-roll period
because they were ill or on vacation, or in the active nolitary service
or training of the United States, or temporarily laid off, but exclud-
ing employees who have since quit or been discharged for cause, to
determine whether they desire to be represented by International
Woodworkers of America. Local 38, affiliated with the Congress of
Industrial Organizations, or by Lumber and Sawmill Workers Union,
Local 2761, affiliated with the American Federation of Labor, for
the purposes of collective bargaining, or by neither.