Snoqualmie Falls Lumber Company

National Labor Relations Board - Board Decisions

Dec 9, 1938

10 N.L.R.B. 398 (N.L.R.B. 1938)

In the Matter Of SNOQUAL14IE FALLS LUMBER COMPANY and INTER-
NATIONAL WOODWORKERS OF AMERICA, LOCAL No. 106
Case No. R-988.-Decided December 9, 1938
Lumber Industry-Investigation of Representatives : controversy concerning
representation of employees : controversy concerning appropriate unit ; rival
organizations-Unit Appropriate for Collective Bargaining : employees of Com-
pany working in logging operations and in sawmills , excluding clerical and
supervisory employees-Election Ordered
Mr. Patrick H. Walker, for the Board.
Mr. W. E. Heidinger, of Tacoma, Wash., for the Company.
Houghton, Cluck d Coughlin, by Mr. R. V. Houghton and Mr.
Paul Coughlin, of Seattle, Wash., for the I. W. A.
Mr. L. Presley Gill, of Seattle, Wash., for the Sawmill Union.
Mr. Willard Y. Mori-is, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 2, 1938, International Woodworkers of America,
Local No. 106, affiliated with the C. I. 0., herein called the I. W. A.,
filed with the Regional Director for the Nineteenth Region (Seattle,
Washington) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Weyer-
haeuser Timber Company, Snoqualmie Falls, Washington, and re-
questing an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On July 5, 1938, the I. W. A. filed an
amended petition in which it changed the name of the employer to
Snoqualmie Falls Lumber Company, herein called the Company. In
other respects the amended petition was substantially the same as
the original petition. On July 16, 1938, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section 9
(c), of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered
ION L R B.,No 30.
398
DECISIONS AND ORDERS 399
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On July 26, 1938 , the Regional Director issued a notice of hearing,
copies of which were - duly served upon the Company , the I. W. A.,
and Lumber and Sawmill Workers Local Union No. 2545, affiliated
with the American Federation of Labor, herein called the Sawmill
Union, a labor organization claiming to represent employees directly
affected by the investigation . Pursuant to the notice , a hearing was
held on August 8, 9, and 10, 1938 , at Seattle , Washington , before
JosephL : Maguire , the Trial Examiner duly designated by the Board.
The Board, the Company, the I. W. A., and the Sawmill Union were
represented by counsel and participated in the hearing . Full oppor-
tunity to be heard, to examine and cross-examine witnesses, 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 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
Snoqualmie Falls Lumber Company is a Washington corporation
engaged in the manufacture and sale of fir, hemlock, and cedar lumber.
It owns and operates a sawmill at Snoquahmie Falls, Washington, an
unincorporated town at the foot of the Cascade Mountains, about 40
miles east of Seattle, Washington. The Company owns extensive
areas of timber and conducts its logging operations on its own lands.
Approximately 99 per cent of the logs produced by the Company's
operations are sawed in the Company 's mills. The logging operations
are at present conducted at a distance of approximately 20 miles from
the mills and are connected with the mills by the Company's private
logging railroad. The Company produces and sells annually between
110,000,000 and 120,000,000 feet of lumber, approximately 90 per cent
of which are shipped to points outside the State of Washington. All
sales of the Company's lumber are made through the Weyerhaeuser
Sales Company, a,Washington corporation , having its principal office
at St. Paul, Minnesota . Most of the shipments are made by rail and
truck, only a small percentage being shipped by water. The Com-
pany normally employs approximately 600 employees in its sawmills
and approximately 300 employees in its logging operations.
400 NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local No. 106, is a labor
organization affiliated with the Committee for Industrial Organiza-
tion. It admits to membership all production employees who work
in the Company's logging operations, exclusive of supervisory em-
ployees. The jurisdiction of the international organization includes
all employees in the lumber industry.
Lumber and Sawmill Workers Union, Local No. 2545, is a labor
organization, affiliated with United Brotherhood of Carpenters and
Joiners of America, which in turn is affiliated with American Fed-
eration of Labor. It admits to membership all employees engaged
in the production of lumber, both in the logging operations and in
the sawmills, exclusive of supervisory and clerical employees. Its
membership is not confined to employees of the Company, but in-
cludes'employees of several other neighboring lumber companies.
III. THE QUESTION CONCERNING REPRESENTATION
The Sawmill Union obtained its charter from the United Brother-
hood of Carpenters and Joiners of America in March 1935. Front
the outset its membership extended- to employees in both the saw-
mills and the logging operations. On May 10, 1937, a -working
agreement was entered into between the Company and the Sawmill
Union, which was to terminate on March 1, 1938. This agreement
recognized the Sawmill Union as the representative of its members
who were employed in the sawmills and logging operations.
The I. W. A. installed its charter on December 21, 1937. On De-
cember 22 , 1937, the I. W. A. wrote a letter to the Company, stating-
that a majority of the employees in the Company's logging oper-
ations had designated the I. W. A. as their bargaining agency, and
calling attention to the expiration' date of the working agreement
between the Sawmill Union and the Company. On February 23,
1938, the I. W. A. filed with the Board its original petition for in-
vestigation and certification. On March 23, 1938, the I. W. A. wrote-
a second letter to the Company, stating that they represented a
majority of the Company's employees in the logging operations and
that they desired to open negotiations. The Company made no
reply. On March 28, 1938, the I. W. A. wrote a third letter, sub-
stantially similar to the letter of March 23, 1938. - The Company on
March 31, 1938,. replied to the I. W. A. that the Company had no
assurance that the I. W. A.'represented a majority of the Company's
employees.
On May 11, 1938, a second working agreement was entered into
between the Company and the Sawmill Union. This agreement may
DECISIONS AND ORDERS 401
be terminated by mutual agreement or by 60 days'. written notice by
either party. Like the first agreement it does not grant exclusive
bargaining rights, but merely recognizes the Sawmill Union as the
representative of its members who were employed in the Company's
sawmills and logging operations.
We find that a question has arisen concerning 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 1 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
The I. W. A. claim, that the employees in the Company's logging
operations constitute a unit appropriate for purposes of collective
bargaining. In support of its claim the I. W. A. advanced the fol-
lowing considerations: The logging camps are situated approximately
20 miles from Snoqualmie Falls, the site of the sawmills. The Com-
pany's logging railroad is the only means of transportation to the
camps. The nearest auto road is approximately 8 miles from the
camps. It is asserted that this isolation is a barrier to effective coop-
eration between the logging employees and the sawmill workers.
The Sawmill Union and the Company claim that all the employees,
including both those working in the sawmills and logging operations,
constitute a single appropriate unit.' In support of their claim they
point to the following factors: (1) That the operations of the Com-
pany are interdependent, neither the sawmills nor the logging oper-
ating being able to operate separately for more than 30 days; and
(2) that the Company and the Sawmill Union have bargained collec-
tively on the basis of such a single unit.
The employees of the Company were first organized in 1934 by a
federal union affiliated with the American Federation of Labor.
The membership in this federal union included both the sawmill
workers and the logging employees. In 1934, under the National
Industrial Recovery Act, an election was conducted among all the
I The term "sawmills" does not include a shingle mill owned and operated by the
Company. The employees in the shingle mill are rcpiesented by a labor organization
not involved in this pioceedmg
402 NATIONAL LABOR RELATIONS BOARD
Company's employees and the federal union was designated as their
representative for the purposes of collective bargaining . In 1935
the federal union affiliated with the United Brotherhood of Carpen-
ters and Joiners of America and received a charter as the Sawmill
Union. In 1937 the Sawmill Union and the Company entered into
a working agreement which was renewed in 1938. This agreement
covered the Sawmill Union's membership both in the sawmill and
logging operations. It was not until the end of 1937, almost 7
months after the first working agreement with the Sawmill Union
was executed, that the I. W. A. began organizing the logging
employees.
It thus appears that both the sawmill workers and the logging em-
ployees have been organized for several years by a single union and
collective bargaining has been carried on successfully on the basis
of a single unit composed of all the Company 's employees . In Mat-
ter of Bloedel-Donovan Lumber Mills and Columbia Valley Lumber
Company and International Woodworkers o l America 2 we held,
under closely analogous circumstances , that a single unit composed
of the sawmill workers and the logging employees was appropriate.
In that case the two unions involved were locals of the same parent
organizations as the loca l s involved in the instant case. In that case
both local unions had industrial jurisdiction , admitting to member-
ship both the sawmill workers and the logging employees, whole in
this case the I. W. A. has thus far limited its membership solely to
the logging employees. The I. W. A. admitted that a basic principle
of its parent body is industrial organization of employees in the
lumber industry but stated that in this case the local union had con-
fined its membership to the logging employees of the Company by
a motion passed by its membership. The restriction may be removed
by the same procedure. We are impressed by the fact that officers
of the I. W. A. were unable to cite another instance where a local
of the same national organization had excluded sawmill workers
from membership. The local involved in the Bloedel-Donovan case
claimed that a single unit composed of all the employees was ap-
propriate. We conclude that the claim made by the I. W. A. in the
instant case as to the appropriate unit is not well founded.
The I . W. A. and the Sawmill Union agreed that all supervisory
and clerical employees, except strawbosses, should be excluded from
whatever unit or units were found to be appropriate . We see no
reason for departing from the desires of the unions in this respect.
We find that all the employees of the Company in its sawmills and
logging operations, excluding clerical and supervisory employees, but
2 8 N L R B. 230.
DECISIONS AND ORDERS 403
including strawbosses, constitute a unit appropriate for the purposes
of collective bargaining and that said unit will insure to employees
of the Company the fill benefit of their right to self-organization and
to collective bargaining and otherwise effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
There were introduced in evidence two lists of the Company's em-
ployees. The lists were prepared by officials of the Company from
their Social Security records. The lists show the number of produc-
tion employees, exclusive of supervisory and clerical workers, on De-
cember 21, 19371 and June 21, 1938, as follows :
December 21, 1937 June 21, 1938
Number engaged in logging operations------------- 257 196
Number engaged in sawmill operations------------- 584 590
Total-------------------------------------- 841 786
The Company normally employs approximately 300 men in the Iog-
ging operations.. One of the logging camps had been idle since the
in
zn
early part of 1938. At the time of the hearing, however, the Com-
pany was increasing its logging operations to normal capacity. Thus
there are almost 900 employees in the appropriate unit under normal
conditions.
The Sawmill Union introduced in evidence a list of names prepared
from their membership records. The list shows 516 names of mem-
bers employed by the Company in its sawmills on June 21, 1938. Offi-
cials of the Sawmill Union testified that at least 85 per cent of these
employees were members in good standing at the time of the hearing.
The I. W. A. stipulated that, if the Board found that the sawmill
workers constituted a separate appropriate unit, the Sawmill Union
represented a majority of the sawmill workers for the purposes of
collective bargaining.
The I. W. A. introduced in evidence 158 membership-application
cards. The Sawmill Union introduced in evidence a list of 119 mem-
bers who were employed by the Company in its logging operations on
June 21, 1938. The names of most of these employees also appear
among the membership-application cards introduced by the I. W. A.
The I. W. A. clearly has failed to establish that it represents a
majority of the employees in the appropriate unit. In view of the
qualification to the stipulation that the Sawmill Union represents a
majority of the sawmill workers, we are unable to determine whether
the Sawmill Union represents a majority of the employees in the
appropriate unit. Accordingly, we find that an election by secret
ballot will best resolve the question concerning representation. Since,
404 NATIONAL LABOR RELATIONS BOARD
at the time of the hearing, the Company was increasing the number
of employees in its logging operations to normal, we find that those
eligible to vote shall be the employees in the appropriate unit who were
employed by the Company during the pay-roll period next preceding
the date of this Decision and Direction of Election, excluding those
-who have since quit or been discharged for cause.
Upon the basis of the foregoing 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 Snoqualmie Falls Lumber Company, Sno-
qualmie Falls, Washington, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All the employees of the Company in its sawmills and logging
operations, excluding clerical and supervisory employees, but includ-
ing strawbosses, 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 and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
l_ereby
DIRECTED that, as part of the investigation authorized by the
-Board to ascertain representatives for collective bargaining with
.Snoqualmie Falls Lumber Company, Snoqualmie Falls, Washing-
ton, an election by secret ballot shall be conducted within fifteen
(15) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Nineteenth Region, act-
ing 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 the employees of Snoqualmie Falls Lumber Company in
its sawmills and logging operations, who were employed during
the pay-roll period next preceding the date of this Direction, in-
cluding strawbosses, and excluding clerical and supervisory em-
ployees, and those who have since quit or been discharged for cause,
to determine whether such employees desire to be represented by
International Woodworkers of America, Local No. 106, affiliated
with the Committee for Industrial Organization, or by Lumber and
`Sawmill Workers Union, Local No. 2545, affiliated with the American
Federation of Labor, for the purpose of collective bargaining, or by
neither.
DECISIONS AND ORDERS
[SAME TITLE ]
CERTIFICATION OF REPRESENTATIVES
405
January 28, 1939
On December 9, 1938„ the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding. The Direction of Election provided that
an election by secret ballot be conducted within fifteen (15) days
from the date of the Direction among all the employees of Snoqualmie
Falls Lumber Company, herein called the Company, in its sawmills
and logging operations, who were employed during the pay-roll
period next preceding the date of the Direction, including straw-
bosses, and excluding clerical and supervisory employees, and those
who had since quit or been discharged for cause, to determine whether
such employees desired to be represented by International Wood-
workers of America, Local No. 106, affiliated with the Committee for
Industrial Organization, or by Lumber and Sawmill Workers Union,
Local No. 2545, affiliated with the American Federation of Labor,
for the purposes of collective bargaining, or by neither.-
Pursuant to the Direction, an election by secret ballot was con-
ducted on December 21 and 22, 1938, at Snoqualmie Falls, Washing-
ton, and at the Company's logging camps, under the direction and
supervision of the Regional Director for the Nineteenth Region
(Seattle, Washington). Full opportunity was afforded all parties to
this investigation to participate in the conduct of the secret ballot
and to make challenges. On December 29, 1938, the Regional Direc-
tor, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties an Intermediate Report on the
Election. No objections or exceptions to the Intermediate Report
have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote------------------------------------ 917
Total number of ballots cast------------------------------------ 851
Total number of votes in favor of International Woodworkers of
America, Local 106, affiliated with the C. I. 0 --------------- 330
Total number of votes in favor of Lumber and Sawmill Workers
Union Local 2545. chartered by the United Brotherhood of Car-
penters and Joiners, affiliated with the A. F. of L------------ 510
Total number of votes in favor of neither------------------------ 9
Total number of blank ballots--------------------------------
Total number of void ballots-----------------------------------
Total number of challenged votes----- -------------------------
1
1
0
147541-39-vol 10--27
406- NATIONAL LABOR-RELATIONS BOARD
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY CERTIFIED that Lumber and Sawmill Workers Union,
Local No. 2545, affiliated with the American Federation of Labor, has
been selected by a majority of the employees of Snoqualmie Falls'
Lumber Company, Snoqualmie Falls, Washington, in its sawmills
and logging operations, including strawbosses, and excluding clerical
and supervisory employees, as their representative for the purposes of
collective bargaining, and that pursuant to Section 9 (a) of the Act,
Lumber and Sawmill Workers Union, Local No. 2545, affiliated with
the American Federation of Labor, is the exclusive representative of
all such employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions
of employment.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Certification of Representatives.
10 N. L R. B, No. 30a.