Walla Walla Mills, Inc.Download PDFNational Labor Relations Board - Board DecisionsMay 25, 1967164 N.L.R.B. 1070 (N.L.R.B. 1967) Copy Citation 1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Walla Walla Mills, Inc. and Laborers Union of North America , Local No. 349 , Laborers International Union of North America, AFL-CIO, Petitioner . Case 19-RC-4001. May 25,1967 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Gilbert L. Penrose. The Hearing Officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. I Following the hearing, pursuant to Section 102.67(h) of the National Labor Relations Board Rules and Regulations, and Section 101.21 of the Statements of Procedure, Series 8, as amended, the Regional Director for Region 19 transferred this case to the National Labor Relations Board for decision. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The labor organizations involved claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Sections 9(c)(1) and 2(6) and (7) of the Act. 4. The Petitioner seeks to represent a single unit, more specifically designated below, of all production and maintenance employees at the Employer's lumber mills at Walla Walla and Huntsville, Washington, excluding employees in the woods crews. The Employer and United Brotherhood of Carpenters and Joiners of America, AFL-CIO, the Intervenor herein, propose an overall unit which would include the woods crews. The Employer' s main office is located at Walla Walla, Washington, where there are centralized bookkeeping and payrolls, and a single individual holds the title of general manager, has a seat on the board of directors, and supervises the Employer's total operations. In addition, the Walla Walla mill has three supervisors, one in charge of the sawmill, one in charge of the planer mill, loading, and dry kiln operation, and one in charge of all trucks. One supervisor is solely in charge of the Employer's mill at Huntsville, Washington, and another supervisor, headquartered at Walla Walla , is in charge of all heavy equipment in the woods and in charge of the woods crews. The two mills are located approximately 25 miles apart, and the area over which the Employer conducts his logging operations is about 90 miles across by highway. Transportation distances from the logging areas to the mills vary, but average about 50 to 60 miles. The Huntsville mill processes green pine and spruce logs while the Walla Walla mill processes mixed species logs. Daily shipments of rough green lumber are sent from Huntsville to Walla Walla. All sales and shipments of finished products are made at Walla Walla. The only product transported to customers by the Employer is woodchips which are trucked to pulpmills at Wallula, Washington, and Pilot Rock, Oregon. The other products are shipped by common carrier. The Employer maintains centralized uniform control over all matters concerning personnel. There is no personnel manager as such as all policy is formulated by the board of directors which meets almost daily. Any labor relations problems which may arise are handled by the general manager or by the directors. Employees in the same job classification are paid the same wage scale regardless of the location of their employment. Fringe benefits, hours, and conditions of employment are the same for all employees, though the woods crews may work longer shifts on occasion. The Walla Walla mill employees operate a sawmill, a dry kiln, a lumber stacker, a machine shop, a planing mill, a log yard, a log pond, and a dry lumber shed. The Huntsville mill employees operate a sawmill, a log pond, and a log yard. The woods crew employees fell, trim, skid, and load logs in cutting areas remote from the mill areas, and operate heavy mobile equipment in the course of their work. Their job classifications are entirely different from those of the mill employees. Interchange of employees between mills, or between either mill and the woods crews, is rare, and very little has occurred in the past. The Employer contracts out approximately 90 percent of all its logging operation, and its own woods crew employees account for the remaining 10 percent of the logs delivered to the mills. One mill shift operates at Huntsville and two shifts at Walla Walla; there is one woods crew shift. About 25 percent of the total employees work at Huntsville, about 10 to 15 percent in the woods operation, and the remainder at the Walla Walla mill. There is no history of collective bargaining in the Employer's operations. In view of the high degree of integration of the Employer's Walla Walla and Huntsville mills, as evidenced by the centralized control of their operations and labor policies on an almost daily basis by the board of directors, the commingling of their products, and their identity of wages and working conditions, we find that a single two-mill unit is appropriate. We shall, however, exclude the ' The Employer' s name appears as amended at the heanng. 164 NLRB No. 146 WALLA WALLS woods crews, in accord with the Petitioner's request, in view of the substantial differences in their location, functions, and conditions of employment.2 Accordingly, we find that all production and maintenance employees at the Employer's lumber mills at Walla Walla and Huntsville, Washington, including log stacker operators, pond men, mechanics, saw filers, millwrights, lumber carrier drivers, graders, tally girls, hourly paid truckdrivers 2 Cf Malltnckrodt Chemical Works, Uranium Division, 162 NLRB 387, fn 17, E I Dupont de Nemours and Company (May Plant, Camden, South Carolina), 162 NLRB 413 6 An election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 19 within 7 days after the MILLS, INC. 1071 other than log truckdrivers, and sawmill, planer, and shipping department employees; but excluding office employees and loading crews, log truckdrivers, skidders, lumber jacks, and all other woods crew employees, and all supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. [Direction of Election3 omitted from publication.] date of this Decision and Direction of Election . The Regional Director shall make the list available to all parties to the election. No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed . Excelsior Underwear Inc., 156 NLRB 1236. Copy with citationCopy as parenthetical citation