W. Va. Pulp and Paper Co.

National Labor Relations Board - Board Decisions

Dec 4, 1937

4 N.L.R.B. 393 (N.L.R.B. 1937)

In the Matter of W. VA. PULP AND PAPER COMPANY and UNITED
TIMBER & SAWMILL WORKERS LOCAL UNION 149
Case No. R-421-Decided December 4, 1937
Lumber Industry-Investigation of Representatives : agreement for election-
Election Ordered-Certification of Representatives.
Mr. Robert H. Kleeb, for the Board.
Mr. James W. Towsen, of New York City, for the Company.
Mr. Henry W. Lehmann, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
United Timber & Sawmill Workers Local Union No. 149, herein
called the Union, filed a petition on August 27, 1937, and an amended
petition on September 27, 1937, with the Regional Director for the
Sixth Region (Pittsburgh, Pennsylvania), alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of West Virginia Pulp and Paper Company, Cass, West
Virginia, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On November 1, 1937, 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 1, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon due notice.
On November 8, 1937, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, both in
Cass, West Virginia, and in New York City, and upon the Union.
Pursuant to the notice, a hearing was held on November 15, 1937, at
Pittsburgh, Pennsylvania, before J. Raymond Walsh, the Trial Ex-
aminer duly designated by the Board. The Board and the Company
were represented at the hearing.
At the commencement of the hearing, there was entered into the
record by counsel for the Board a written stipulation signed by the
393
394 NATIONAL LABOR RELATIONS BOARD
manager of the Company's plant at Cass, West Virginia, on behalf of
the Company and by the president of the Union on behalf of the
Union.
The stipulation reads in part as follows: 1
I.
For the sole purpose of providing an agreed statement of such
facts, and thereby avoiding the time and expense of all con-
cerned involved in testimony on the facts, the undersigned parties
agree that the following facts are true :
A. The West Virginia Pulp and Paper Company is a corpora-
tion duly incorporated under the laws of the State of Delaware,
incorporated in 1899. The said company is capitalized at
$25,000,000 Preferred and 1,000,000 Shares Common of no par-
value, and the stock thereof distributed among approximately
2,000 stockholders.
The West Virginia Pulp & Paper Company at its Cass mill is,
engaged in the business of manufacturing and distributing lum-
ber, flooring, and other forest products. Approximately none of
the raw materials used by the said company at its Cass mill are
obtained from states other than the State of West Virginia.
Process used in the manufacture of products consist of cutting
and transportation of logs to the mill and their manufacture into
sawed lumber and other forest products. Approximately 425-
employees are engaged in the above operations. About 95o%o
of the finished product of its Cass mill is shipped by railroad
out of the State of West Virginia to other states, principally
New York, New Jersey and Pennsylvania and New England
States. The volume of production for the last peak month of
operation, May, 1937, was about 1,575,000 feet and the pay roll
for the same period was $37,727.80. The gross value of the said
company's products at Cass mill for the past year amounted to
$607,718.40. The product is sold directly by salesmen to Lumber-
wholesalers and dealers and directly to consumers. The follow-
ing machinery is used by the Cass mill in the manufacture of its
products:, Skidders, locomotives, mill machinery consisting of-
band saws, trimmers, edgers, planers, power equipment, kilns,
etc., and was purchased principally in Ohio, Pennsylvania, New
Jersey, and New York. Replacement and repair parts are pur-
chased mostly in same states, and shipped by railroad to the
plant. The said company is considered a minor factor in the
I The omitted portions of the stipulation are not material to this Decision
DECISIONS AND ORDERS 395
industry, advertises its products in trade publications and by
association advertising. It belongs to the Appalachian Hard-
wood Manufacturers Association, National Oak Flooring Asso-
ciation and New York Lumber Trade Association.
The said company agrees that it is engaged in interstate com-
merce within the meaning of the U. S. Supreme Court decisions
interpreting the National Labor Relations Act.
B. United Timber & Sawmill Workers, Industrial Union
#149, claims a substantial number of members among the em-
ployees of the Cass mill.
C. The West Virginia Pulp & Paper Company at its Cass
mill has no definite knowledge as to whether United Timber &
Sawmill Workers, Industrial Union #149, represents the ma-
jority of the employees and questions whether or not said organ-
ization does represent the majority.
D. The United Timber & Sawmill Workers, Industrial Union
#149, is a labor organization within the meaning of the Na-
tional Labor Relations Act. -
II.
It is hereby agreed among the parties hereto :
A. That an election pursuant to an order of the National
Labor Relations Board is desired by the parties hereto to be
held in accordance with the Rules and Regulations of the Na-
tional Labor Relations Board.
All employees at the Cass mill of the said Company on the
pay roll on October 10, 1937 , Which pay roll list covers the work-
ing period from September 16, 1937 to September 30, 1937,
inclusive, in the Sawmill , Planing Mill, Lumber Yard, Machine
Shop & Railroad, ( Cass terminal only ), except employees per
list attached hereto, are agreeable to the parties hereto as the
proper unit for the purpose of collective bargaining.
III.
The parties hereby agree that if it is determined by the Na-
tional Labor Relations Board, that the above mentioned Labor
Organization represents a majority of the employees herein de-
scribed in accordance with the above procedure, then the said
company agrees to proceed to- bargain collectively with said
organization, as certified by the National Labor Relations Board,
as the sole bargaining agency for all the employees of the
particular unit.
396 NATIONAL LABOR RELATIONS BOARD
LIST OF
Foreman
W. F. Anderson
N. M. Ervine
S. E. Keyser
J. E. Nethken
C. P. Gillespie
J. C. Graves
E. J. Shaffer
Carl Suminerfield
Assistant Foreman
G. L. Dahmer
C. E. Fuhrman
T. L. Chestnut
Jacob Mauzy
J. H. Rose
C. D. Ryder
INELIGIBLES AND EXCLUSIONS
Temporary Foreman and Kiln
Operator
A. N. Smith
Warehouse Foreman
Warren Shiflett
Inspector-Lumber Grader
G. L. Eddy
L. B. Jones
I. J. Poling
Joe Urbanic
Shipping Clerk
Harlan Gillespie
E. L. Duncan
Sub-Foreman
H. H. Halterman
Conductor
W. M. Irvine
On the basis of the stipulation set forth above, the Board will issue
a Direction of Election.
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 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with West Vir-
ginia Pulp and Paper Company, 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
Sixth 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 all employees at the Cass mill of West Vir-
ginia Pulp and Paper Company on its pay roll of October 10, 1937,
except employees excluded pursuant to the list attached to the stipu-
lation agreed to by the parties, to determine whether or not they de-
sire to be represented by United Timber & Sawmill Workers Local,
Union No. 149, for the purposes of collective bargaining.
DECISIONS AND ORDERS
[ SAME TITLE
397
CERTIFICATION OF REPRESENTATIVES
January 10, 1938
United Timber & Sawmill Workers Local Union No. 149, herein
called the Union, filed a petition on August 27, 1937, and an amended-
petition on September 27, 1937, with the Regional Director for the.
Sixth Region (Pittsburgh, Pennsylvania). alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Nest Virginia Pulp and Paper Company, Cass, West
Virginia, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, herein called the Act.
Pursuant to notice duly served upon the Company and upon the
Union, a hearing was held on November 15, 1937, at Pittsburgh,
Pennsylvania, before J. Raymond Walsh, the Trial Examiner duly-
designated by the National Labor Relations Board, herein called-
the Board. On the basis of the record and a stipulation entered into-
by all parties, the Board issued a Decision and a Direction of Elec-
tion on December 4, 1937. The Direction of Election provided that
an election by secret ballot be held within 15 days from the date
of the Direction among all employees at the Cass mill of West Vir-
ginia Pulp and Paper Company on its pay roll of October 10, 1937,
except certain employees excluded pursuant to a list attached to the
stipulation agreed to by the parties, to determine whether or not
they desired to be represented by United Timber & Sawmill Workers
Local Union No. 149, for the purposes of collective bargaining.
Pursuant to the Direction, balloting was conducted on December
17, 1937. Full opportunity was accorded to all of the parties to this
investigation to participate in the conduct of the secret ballot and to
make challenges.
The Regional Director, 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 to the proceeding-
his Intermediate Report on the ballot. No exceptions to the Inter-
mediate Report have been filed by any of the parties.
As to the balloting and its results the Regional Director reported`
as follows :
Total number of ballots counted ---------------------------- 193
Total number of void ballots-------------------------------- 1
Total number of votes for United Timber & Sawmill Workers
Local Union No 149-------------------------------------- 129
Total number of ballots against United Timber & Sawmill
Workers Local Union No. 149----------------------------- 63
:398 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 Rela-
tions Act and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS IIEREBV CERTIFIED that United Timber & Sawmill Workers
Local Union No. 149 has been designated and selected by a majority
of the employees at the Cass mill of West Virginia Pulp and Paper
Company on its pay roll of October 10, 1937, except employees ex-
cluded pursuant to a list attached to the stipulation agreed to by the
parties, as their representative for the purposes of collective bargain-
ing, and that, pursuant to Section 9 (a) of the National Labor Rela-
tions Act, United Timber & Sawmill Workers Local Union No. 149
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.