The Shevlin-Hixon Co.

National Labor Relations Board - Board Decisions

Jul 12, 1941

33 N.L.R.B. 368 (N.L.R.B. 1941)

In the Matter of THE SHEvLIN-HIxoN COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA , LOCAL 7, AFFILIATED WITEf THE CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. R-262O.-Decided July 1,0, 1941
Jurisdiction : lumber industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition until it is certified by the Board ; A. F.
of L. affiliates who urged separate units for employees found to constitute
a single unit, placed on ballot as joint representatives affiliated with the
A. F. of L.; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company in and about its logging camp and its operations
at Bend, excluding supervisory employees, superintendents, foremen, office
employees, clerical employees, and conductors, brakemen, engineers, and
firemen employed on the railroad.
Mr. C. L. Isted, of Shevlin, Oreg., for the Company.
Mr. Ben C. Garske and Mr. Don Gunderson, of Bend, Oreg., for
the I. W. A.
Mr. L. Presley Gill, of Seattle, Wash., and Mr. William Wedel,
of Bend, Oreg., for Local 2928 and Local 2940.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 2, 1941, International Woodworkers of, America, Local 7,
affiliated with the Congress -of-Industrial Organizations, 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 em-
ployees of The Shevlin-Hixon Company," herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National-Labor Relations Act, 49
'Incorrectly designated in the formal papers as Shevlin -Hixon Lumber Company. This
was corrected by motion at the hearing.
33 N. L. R. B., No. 74
368
THE SHEVLIN-HIXON COMPANY 369
Stat. 449, herein called the Act. On May 21, 1941, 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 La-
bor Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice.
On May 27, 1941, 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 Union, Local No. 2928, herein
called Local 2928, and Lumber and Sawmill Workers Union, Local
No. 2940, herein called Local 2940, labor organizations claiming to
represent employees directly affected by the investigation, and upon
International Brotherhood of Electrical Workers, Local No. 77.
Pursuant to notice, a hearing was held on June 5, 1941, at Bend,
Oregon, before William A. Babcock, Jr., the Trial Examiner duly
designated by the Chief Trial Examiner. The Company, the I. W. A.,
Local 2928, and Local 2940 were represented and participated in the
hearing. International Brotherhood of Electrical Workers, Local No.
77, did not appear at the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. At the close of the hearing
the Trial Examiner granted a motion of the I. W. A. to amend its
petition to set forth more accurately the unit urged by it. 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
The Shevlin=Hixon Company is a Delaware corporation with its
principal office at Minneapolis, Minnesota. The Company is engaged
in the business of logging and manufacturing timber, lumber, and
lumber products. This proceeding is concerned with its sawmill, plan-
ing mill, box factory and logging camp at and near Bend, Oregon.
During 1940 the Company manufactured and produced approximately
152,667,000 board feet of lumber and lumber products, over 90 per
cent of which was shipped by it to points outside the State of Oregon.
The Company employs between 1100 and 1200 employees. -
370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local 7, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations. It admits
to membership employees at the logging and plant operations of the
Company.
Lumber and Sawmill Workers Union, Local No. 2928, is a labor
organization affiliated with the American Federation of Labor. It
admits to membership employees at the plant of the Company.
Lumber and Sawmill Workers Union, Local No. 2940, is a labor
organization affiliated with the American Federation-of Labor. It
admits to membership employees of the logging operation of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 20 and April 21, 1941, the I. W. A., claiming to repre-
sent a majority of the Company's employees, requested a conference
for the purposes of collective bargaining. On April 23, 1941, the
Company stated that it would not bargain with the I. W. A. until it
was certified by the Board. A statement of a Field Examiner of the
Board, introduced in evidence at the hearing, shows that the I. W. A.
represents a substantial number of employees in the unit alleged by it
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.
V. THE APPROPRIATE UNIT
The I. W. A. urges that all production and maintenance employees
of the Company in and about its logging camp and its operations
.2
The Field Examiner reported that the I. W. A. presented 522 authorization cards
bearing the names of persons who appear on the Company ' s pay roll of March 31, 1941.
There are approximately 1060 employees in the unit alleged to be appropriate by the I. W. A.
The Field Examiner further reported that Local 2928 and Local 2940 presented 120
membership application cards bearing the names of persons who appear on the Company's
pay rolls of March 31 , 1941. There are approximately 1060 employees in the units urged
to be appropriate by Local 2928 and Local 2940
THE SHEVLIN-I-II_WJN COMPANY 371
at Bend constitute an appropriate unit. Local 2928 urges that all
production and maintenance employees at the Bend operations of
the Company constitute an appropriate unit. Local 2940 urges that
all production and maintenance employees at the logging operations
of the Company constitute an appropriate unit. All three labor or-
ganizations are in agreement that supervisory employees, superin-
tendents, foremen, clerical employees, office employees, and conductors,
brakemen, engineers, and firemen employed on the railroad, should
be excluded from all the units urged by the parties. The Company
takes no position with respect to the appropriate unit or units.
The Company operates a plant at Bend, where it employs approxi-
mately 870 employees, and a logging camp at Shevlin, which is located
33 miles from Bend, where it employs about 316 employees. The
timber felled at Shevlin is used by the Company at its Bend plant \
to produce various wood products. The Company's headquarters for
the Shevlin and Bend operations are located at Bend, and the labor
policies of both operations are formulated at Bend. The base rate
of pay at Bend and Shevlin is the same, and any changes in hours or
wages is effective in both the Bend and Shevlin operations. There
has been no history of collective bargaining between the Company
and any labor organization on behalf of the employees at either the
Bend or Shevlin operations. Local 2928 admits to membership only
employees at Bend, Local 2940 admits to membership only employees
at Shevlin, while the I. W. A. admits to membership employees at
Shevlin and Bend. The units urged by Local 2928 and Local 2940
cover all of the employees in the unit urged by the I. W. A. Local
2928 and Local 2940 are affiliated with the same parent organization.
Under the circumstances, we find that the employees at the Bend and
Shevlin i operations of the Company constitute a single appropriate
unit.
We find that all production and maintenance employees of the Com-
pany in and about its logging camp and its operations at Bend,
excluding supervisory employees, superintendents, foremen, office em-
ployees, clerical employees, and conductors, brakemen, engineers, and
firemen employed on the railroad, constitute a unit appropriate for
the purposes of collective bargaining, and 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 effectuate the
policies of the Act.
VT. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. We shall
direct that all employees in the appropriate unit who were employed
450122-42-vnl 32-25
372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by the Company during the pay-roll period immediately preceding
the date of the Direction of Election herein, subject to such limitations
and additions as are set forth in the Direction hereinafter, shall be
eligible to vote.
Inasmuch as we are denying the units urged by Local 2928 and
Local 2940, both affiliates of Lumber and Sawmill Workers Union,
and find that separate units urged by them constitute one unit, we
will direct that Lumber and Sawmill Workers Union, Locals 2928
and 2940, affiliated with the American Federation of Labor, and the
International Woodworkers of America, Local 7, affiliated with the
Congress of Industrial Organizations, are the organizations to appear
upon the ballot in this election.
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 of affecting commerce has arisen concerning the
representation of employees of The Shevlin-Hixon Company, Bend,
Oregon, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company in
and about its logging camp and its operations at Bend, excluding
supervisory employees, superintendents, foremen, office employees,
clerical employees, and conductors, brakemen, engineers, and firemen
employed on the railroad, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations 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
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Shevlin-Hixon Company, Bend, 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 9, of said Rules and Regu-
lations, among all production and maintenance employees of the
THE SHEVLIN-HIXON COMPANY 373
Company in and about its logging camp and its operations at Bend,
Oregon, 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 military service or training of the United
States, or temporarily laid off, but excluding supervisory employees,'
superintendents, foremen, office employees, clerical employees, con-
ductors, brakemen, engineers, and firemen employed on the railroad,
and employees who have since quit or been discharged for cause, to
determine whether they desire to be represented by International
Woodworkers of America, Local 7, affiliated with the Congress of
Industrial Organizations, or by Lumber and Sawmill Workers Union,
Locals 2928 and 2940, affiliated with the American Federation 'of
Labor, for the purposes of collective bargaining, or by neither.