Smith Wood Products, Inc.

National Labor Relations Board - Board Decisions

Nov 26, 1942

45 N.L.R.B. 787 (N.L.R.B. 1942)

In the Matter Of SMITH WOOD PRODUCTS , INC. and LUMBER & SAWMILL'
WORKERS #7-307 I. W. A., SUTHERLIN, OREGON
Case No. ' R-4.440.Decided November, 26, 1942
Jurisdiction : lumber industry.
,Investigation and Certification of Representatives : existence of question: re-
fusal to bargain collectively with union ; union which made some showing of
representation, to appear,on ballot ; election necessary.
Unit Appropriate for Collective Bargaining : all camp and pond employees of
the company at Sutherlin, Oregon, separate from sawmill employees, in-
cluding bull buckers, but excluding supervisory employees with the power to
hire, discharge, or direct the work of other employees, and clerical em-
ployees, where the sawmill operations were entirely different from the log-
ging operations, there was no interchange of employees between the two
operations, and they were geographically separated by over 90-miles.
Mr. George A. Ulett and Mr. R. A. Jeub, of Coquille, Oreg., for
the Company.
Mr. George Brown, of Portland, Oreg., for the C. I. O.
Mr. Mark Bayley, of Eugene, Oreg., for the A. F. L.
Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Lumber & Sawmill Workers, #7-307,
I.- W. A., affiliated with the Congress of, Industrial Organizations,
herein called the C. I. O., alleging that a question affecting com-
merce had arisen concerning the representation of employees of Smith
Wood Products, Inc., Sutherlin, Oregon, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert E. Ackerberg, Trial Ex-
aminer. Said hearing was held at Roseburg, Oregon, on October 26,
1942. The Company, the C. I. 0., and United Brotherhood of Car-
penters & Joiners, Local Union 3071, A. F. of L., herein called the
A. F. L., appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
45 N. L. R. B., No. 118
'787
788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby
affirmed.
Upon'the entire record in the case, the Board makes the following
FINDINGS OF FACT -
1. THE BUSINESS OF THE COMPANY
Smith Wood Products, Inc., is a Missouri corporation engaged in
logging and the manufacture and sale of lumber, lumber, products,
venetian blind stock, plywood and lath. In addition to-two sawmills,
a' plywood factory, and a specialized wood products factory in
Coquille, Oregon, the Company operates a camp and pond at Sutherlin,
Oregon, which are the operations concerned in this proceeding. The
annual production at the camp and pond is estimated at $400,000, in
value. The Company manufactures annually approximately 90,000,-
000 feet of lumber, of which about 90 percent is shipped to points
outside the State of Oregon. The Company admits that it is engaged
in commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Lumber & Sawmill Workers #7-307, I. W. A., is a labor organ-
ization affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
United Brotherhood of Carpenters and Joiners, Local Union 3071,
is a labor organization affiliated with the Willamette Valley District
Council of Lumber and Sawmill Workers and the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated July 27, 1942, the C. I. O. advised the Company
that it represented a majority of the Company's employees at its
Sutherlin, Oregon, operations, and requested the Company to enter
into collective bargaining negotiations. The Company declined to
enter into negotiations with the C. 1. 0.
A report of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the C. I. O. represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
1 The Field Examiner reported that the C . I. O. submitted 56 application cards, whicb
were dated in the months of July, August , and September , 1942. All of the cards bore
apparently genuine original signatures . Thirty-one of the signatures were names of per-
sons on the Company ' s September 15, 1942, pay roll for the Sutherlin operations , listing
63 names, of which only 41 names are within the alleged appropriate unit.
The A. F. L. submitted eight membership cards , dated in July 1942, all bearing appar-
. SMITH .WOOD PRODUCTS, INC., , I _ 789
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 Act.
IV. THE APPROPRIATE UNIT
The C. I. O. and the A. F. L. agree that all camp and pond em-
ployees of the Company at Sutherlin, Oregon, excluding supervisory
and clerical employees, constitute an appropriate unit. However,
they are in dispute as to whether camp construction workers should
be included. The Company contends that the appropriate unit should
consist of all employees at both the Sutherlin operations and the
sawmills at Coquille, Oregon.2 All the parties agree that the bull
buckers at the Sutherlin operations should be included in the unit.
The operations at the logging camp and pond consist of felling
timber and storing the logs in the pond where they remain until
needed. Thereafter some of the logs are transported to the sawmills
in Coquille` and converted-into lumber. The sawmills operations: are
entirely different from the logging operations, and the employees in
each are engaged in different types of work. The record discloses
that, except for the use of some of the sawmill employees in the con=
struction work at the logging operations, the employees of the Com-
pany cannot be interchanged between, the sawmill and the logging
operations without receiving training in the work of each operation.
The sawmill is located approximately 84 miles from the pond,, and
approximately 98 miles .from the camp. In view of these facts,,we
find that the employees of the camp and pond at 'Sutherlin, Oregon,
constitute an appropriate bargaining unit .3
The C. I. O. desires the exclusion of camp construction workers
who are engaged in building the camp. • The A. F. L. contends, as
does the Company; that the camp construction employees should be`
included in the unit. The record discloses that the Company con-
templates employing some ofthese employees in 'the woods after the
construction work is completed. A representative of the Company
testified that the Company has already placed some of these em-
ployees in the woods and that it had hired some of these employees
with the understanding that'they would obtain permanent 'employ-
ently genuine signatures . Four of the signatures were names of persons appearing on the
September 15,.1942, pay roll, and who are employed in the unit alleged to be appropriate
by the C. I. O. Of the eight signatures on the A. F. L. cards, five of the signatures are
names of persons employed in the unit alleged-to be appropriate by the A. F. L.
'The Company has a contract with an ` A. F: L. local covering,, the - employses, -at, the
Coquille sawmills. It contends that such contract Should be extended to cover all the
employees at the camp and pond.
See Matter of C. D. Johnson Lumber Corp. and Local No. 2720, Lumber ct Sawmill Work-
-ers Union, A. F. L., et al., 37 N. L. R. B. 251.
790 DECISIONS .OF NATIONAL' LABOR RELATIONS BOARD
meat. Under these circumstances, we are of the opinion, and find,
that the camp construction workers should be included in the unit.
There is some controversy over the definition of supervisory em-
ployees. The Company contends that only supervisory employees
who have the right to hire or discharge should be excluded from the
unit. - The C. I. O. and the A. F. L. -further contend.that employees
who have the power to direct the work of other employees, should
also be excluded. We find that all employees who have the power
to hire, discharge, or direct the work of other employees, should be
excluded.
We find that all camp and pond employees of the Company at
Sutherlin, Oregon, including bull buckers, but excluding supervisory
employees with the power to hire, discharge, or direct the work of
other employees, and clerical employees, constitute a unit appropriate
for .the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
V. -THE-DETERMINATIONe OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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.
Since the A. F. L. had made some showing of representation among
the employees of the Company and inasmuch as an election is to be
conducted, we shall accord it a place on the ballot.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby -
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Smith Wood
Products, Inc., -Sutherlin, Oregon, 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 Nineteenth Region, acting in` this
matter as agent for the National Labor Relations Board and subject
to Article III, Section 10, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
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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 military service or training of the United States, or tempor-
arily-laid off, _but excluding employees who have, since quit or. been
discharged=. for cause, to determine whether..they desire to: be repre-
sented by Lumber & Sawmill Workers, #7-307, I. W. A., affiliated
with the Congress of Industrial Organizations, or by United Brother-
hood of Carpenters & Joiners. Local Union 3071, A. F. of L., for the
purposes of collective bargaining, or by neither.