Swartz Lake Lumber Co.

National Labor Relations Board - Board Decisions

Apr 25, 1942

40 N.L.R.B. 853 (N.L.R.B. 1942)

-In the Matter of THEO. F. ANDERSON AND Louis TORCINEN, PARTNERS,
D/B/A SW ARTZ LAKE LUMBER COMPANY and LUMBER & SAWMILL
WORKERS UNION, LOCAL No. 2631, CHARTERED BY UNITED BROTHER-
IIOOD OF CARPENTERS AND JOINERS or AMERICA, AFFILIATED WITH THE
A. F. OF L.
Case No. R-3683. Decided April 25, 1942
Jurisdiction : lumber inanutacluring industry
Investigation and Certification of Representatives : existence of question:-re-
fusal to accord petitioner recognition: contract opened for negotiations prior
to automatic renewal date but not executed until after filing of petition, no
bar; election necessary
Unit Appropriate for Collective Bargaining : production and maintenance, ex-
cluding clerical employees, the mill foreman, temporary employees, and
supervisory employees having the power to hire or discharge
Mr. Theo. F. Anderson, of Granite Falls, Wash., for the Company.
Mr. L. I'resle;y Gill, of Seattle, Wash., for Local 2631.
Mr. Per7nJ Gershon, of Seattle, Wash., for the I. W. A.
Mr. Louis Colcin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
On February 4, 1942, Lumber & Sawmill Workers Union, Local
No. 2631, chartered by United Brotherhood of Carpenters and Join-
ers of America, affiliated With the-American Federation of Labor,
herein called Local 2631, filed with the Regional Director for the
Nineteenth Region (Seattle, Washington), a petition, and on March
4, 1942, an amended petition, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Theo.
F. Anderson and Louis Torvinen, partners, d/b/a Swartz Lake Lum-
ber Company, Granite Falls, Washington, herein called the Com-
pany, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called. the Act. On March 19, 1942, 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
40 N. L. R B., No 152.
853
854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On March 24, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and Local
2631, and upon International Woodworkers of America, Local 2-93,
herein called the I. W. A., a labor organization claiming to represent
employees directly affected by the investigation. Pursuant_to notice,
a hearing was held on March 30, 1942, at Everett, Washington, be-
fore Louis S. Penfield, the Trial Examiner duly designated by the
Chief Trial Examiner. The Company, Local 2631, and the I. W. A.,
were represented and participated in-the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce 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
Swartz Lake Lumber Company is a partnership composed of Theo.
F. Anderson and Louis Torvinen, engaged in the manufacture of lum-
ber and lumber products at Granite Falls, Washington. It produces
about 30,000 board feet of lumber daily, approximately 80 percent of
which is shipped outside Washington.
II. THE ORGANIZATIONS INVOLVED
Lumber & Sawmill Workers Union, Local No. 2631, chartered by
United Brotherhood of Carpenters and Joiners of America, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
International' Woodworkers of America, Local 2-93, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On. October 30, 1941, the Company and ,the I. W: A., entered into
an exclusive bargaining contract. The contract provides that it
"shall continue in full force and effect from date of signing until
April 1, 1942, and thereafter to April 1 of each succeeding year until
1945, unless a written notice to terminate or change any of the terms
THEO. F. ANDERSON 855
of this agreement is given not less than sixty (60) days prior to
April 1 of any year." On January 19, 1942, the I. W. A. notified
the Company that it was opening the contract to include specified
additions or amendments to be negotiated subject to provisions of
the existing agreement. On March 2, '1942, the Company' and the
1. W. A. entered into a supplementary agreement providing that "re-
gardless of any notice of termination, cancellation, or request for
revision of the present working agreement heretofore given by either
party to the other, said working agreement is to remain in full force
and effect pending the outcome of negotiations * * 1*."
Local 2631 claimed to represent a majority of the Company's eiii-
ployees in November 1941 and requested the Company to recognize
it as the exclusive representative of such employees at that time.
The Company denied this request, stating that it was operating under
a contract with the I. W. A. On February 4. 1942, Local 2631 filed
its petition herein.
The contract between the I. W. A. and the Company is not a bar,
to a present determination of representatives inasmuch as the con-
-tract was opened up by the I. W. A. on January 19, 1942, and Local
2631 filed its petition herein prior to the supplementary agreement
between the Company and the I. W. A. on March 2, 1942.'
Statements of a Field Examiner of the Board and the Trial
Examiner, introduced into evidence at the hearing, show that Local
2631 and the I. W. A. each represents, a substantial number of em-
ployees in the unit hereinafter found to be appropriate.2
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.
' Cf. Matter of Mill B Iiic , ditision of Irwin & Lyons, pertness doing business under
the assumed name of Irwin & Lyons and International Woodworkers of America. Local
116, C I 0, 40 N L R B 346
2 The Field Examiner reported that the I W. A presented 13 authorization cards bearing
the signatures of persons whose names appear on the Company 's pay roll of . February 2,
1942. The Trial Examiner reported that Local 2631 presented a designation petition
bearing the signatures of 18 persons whose names appear on the Company 's pay roll of
March 28, 1942 There are approximately 34 persons in the unit hereinafter found to be
appropriate
856 DECISIONS OIL NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
The Company, Local 2631, and the I. W. A. agree, and we find, that
all production and maintenance employees of the Company, excluding
clerical employees, the mill foreman, temporary employees,. and super-
visory employees having the power to hire or discharge, constitute
a unit appropriate for the purposes of collective bargaining.' We
further find 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 will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
We shall direct that the employees of the Company eligible to vote
in the election shall be those within 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.
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 conunerce has arisen concerning the repre-
sentation of employees of Theo. F. Anderson and Louis Torvinen,
partners, d/b/a Swartz Lake Lmiiber Company, Granite Falls,
Washington, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
2. All production and maintenance employees of the Company,
excluding clerical employees, the mill foreman, temporary employees,
and supervisory employees having the power to hire or discharge,
constitute a unit appropriate for the purposes of collective bargain-
ing. 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 2, as amended, it is
hereby
a This is substantially the same unit as is covered by the contract between the I W. A.
and the Company.
THEO. F. ANDERSON 857
Dn;EC1En that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Theo. F. Anderson and Louis Torvinen, partners, d/b/a Swartz
Lake Lumber Company, Granite Falls, 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 Nineteenth
Region, acting in this matter as agent for the National Labor^'Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees of
the Company who were employed during the pay-roll period im-
mediately 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 temporarily laid off, but excluding clerical em-
ployees, the mill foreman, temporary employees, supervisory em-
ployees having the power to hire or discharge, and employees who
have since quit or been discharged for cause, to determine whether
they desire to be represented by Lumber & Sawmill Workers Union,
Local No. 2631, chartered by United Brotherhood of Carpenters
and Joiners of America, affiliated with the American Federation of
Labor, or by International Woodworkers of America, Local 2-93,
affiliated with the Congress of Industrial Organizations, for the
purposes of collective bargaining, or by neither.