Walton Lumber Co.

National Labor Relations Board - Board Decisions

Feb 19, 1940

20 N.L.R.B. 573 (N.L.R.B. 1940)

In the Matter Of WALTON LUMBER COMPANY, A CORPORATION and
EVERETT DISTRICT COUNCIL, LIIMBER AND SAWMILL WORKERS, ON
BEHALF OF LOCAL No. 2648, CHARTERED BY THE UNITED BROTHERHOOD
OF CARPENTERS 'AND ' JOINERS" OF AMERICA, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
Case No. R-1693.-Decided February 19, 1940
Litniber Rdustry-Investigation of Represenntatives: controversy concerning
representation of employees : refusal of employer to recognize petitioning union
as the representative of its employees-Uni,t Appropriate for Collective Bargain-
ing: production and maintenance employees , including boommen and slipmen,
excluding supervisory and clerical employees ; agreement as to-Representative:
eligibility to participate in choice : permanent employees currently on pay roll ;
employees temporarily on pay roll of another company, subject to supervision
and discharge by company involved in pre.qent proceeding-Election Ordered
Mr. P. H. Walker, for the Board.
Mr. R. W. Maxwell, of Seattle, Wash., for the Company.
Mr. D. F. Pearson, of Everett, Wash., for Local No. 2648.
Mr. P. R. Gershon, of Seattle, Wash., for Local 2-101.
Mr. John K. Odisho, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 28, 1939, Everett District Council, Lumber and Saw-
mill Workers, herein called the Council, filed with the Regional Direc-
tor for the Nineteenth Region (Seattle, Washington) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Walton Lumber Company, Everett,
Washington, 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 December 29, 1939, 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, ordered an investigation and authorized the
20 N. L. R. B., No. 58.
573
574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. On January 3, 1940, the Council, on behalf.
of Local 2648, chartered by the United Brotherhood of Carpenters
and Joiners of America, affiliated with the American Federation of
Labor, herein called Local No. 2648, filed an amended petition. -
- . On January 4,1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the Council,
and upon International Woodworkers of America, Local 2-101, herein
called Local 2-101, a labor organization affiliated with the Congress
of Industrial Organizations claiming to represent employees directly
affected by the investigation. Pursuant to the notice, a hearing was
held on January 22, 1940, at Everett, Washington, before Patrick H.
McNally, the Trial Examiner duly designated by the Board. The
Board, the Company, the Council, Local No. 2648,1 and Local 2-101;
were represented by counsel and participated in the hearing. Full.
opportunity 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
Walton Lumber Company, a Washington corporation, with its
principal office and place of business in Everett, Washington, is en-
gaged in the manufacture, sale, and distribution of lumber and wood
products. The Company obtains its raw materials within the State of
Washington, but ships approximately 71 per cent of its finished
products outside the State of Washington. Its sales for the year 1939
amounted approximately to $1,400,000. The Company employs
approximately 350 production and maintenance employees.
II. THE LABOR ORGANIZATIONS INVOLVED
Local No. 2648, chartered by the United Brotherhood of Carpenters
and Joiners of America, is a labor organization affiliated with Everett
District Council, Lumber and Sawmill Workers, and with the Ameri-
can Federation of Labor. It admits to its membership production and
maintenance employees of the Company, excluding supervisory and
clerical employees.
1 The Council and Local No. 2648 were represented by the same attorney.
WALT01N LUMBER _- COMPANY., 575
International Woodworkers of America, Local 2-101, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to its membership production and maintenance employees of
the Company, excluding supervisory and clerical employees.
III. THE QUESTION CONCERNING REPRESENTATION
In November 1939 the Council, on behalf of Local No. 2648, re-
quested the Company to bargain with it as the representative of the
Company's production and maintenance employees. The Company re-
quested proof that Local No. 2648 had been designated by a majority
of such employees. The Council refused to submit such proof and
filed its petition herein.
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 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
At the hearing the parties stipulated that all the Company's pro-
duction and maintenance employees, including boommen and slipmen,
but excluding. supervisory and clerical employees, constitute an appro-
priate bargaining unit. No reason appears for departing from the unit
agreed upon.
The Company classified 17 of its employees as supervisors.2 These
17 employees have authority to hire and discharge persons under their
direction. We find that they are properly classified as supervisors.
We find that all the Company's production and maintenance em-
ployees, including boommen and slipmen but excluding supervisory
and clerical employees, constitute an appropriate unit for the purposes
of collective bargaining and that said unit will insure to employees
of the Company the full benefit of their right to self -organization and
to collective -bargaining -and will otherwise effectuate the policies of
the Act.
2 John Seymour , R. C. Warrick , William Call , Jess Kester, J. M. Myers , Paul Johnson,
Harry Morseth , Pete Furan , M. Kirkland , Axel Nordgren , Sam Forslund , E. C. East, W. L.
Chambers , W. M. Warrick , George W . Gave, Z. M. Waley, and Clarence Hein.
576 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing Local No. 2648 and Local 2-101 claimed substantial
membership among the employees in the appropriate unit. We shall
order an election by secret ballot to resolve the question concerning
representation which has arisen.
There was a dispute- at the hearing concerning the eligibility to vote
of seven men 3 employed on the premises of the Company: as- bonded
watchmen by the Lawrence Warehouse Company. At the time of the
hearing the Lawrence Warehouse Company was in temporary posses-
sion of a portion of the Company's product for the purposes of securing
a loan. The Company contended that these seven men should not be
permitted to participate in an election conducted among its employees.
Local 2-101 agreed with this contention. Local No. 2648, however,
insisted that they be allowed to vote. These seven men were formerly
employed by the Company and will return to its service upon termina-
tion of the warehouse security arrangement. They work°under the
direction. of the Company's supervisory employees... Accordingojo the
testimony of the Company's operating manager, they are subject to
discharge at the Company's will. Under these circumstances, their
status is closely analogous to that of employees who have been tempo-
rarily laid off. We shall direct that they be permitted to vote in the
election.
We shall further direct that all employees in the appropriate unit
who were on the Company's pay roll for the period immediately pre-
ceding the date of this Direction, including employees who did not
work during such pay-roll period because they were ill or on vacation
and employees who were then or have since been temporarily laid off
but excluding those who have since quit or been discharged for cause,
shall be eligible to vote.
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 commerce has arisen concerning the repre-
sentation of employees of Walton Lumber Company, Everett, Wash-
ington, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All the production and maintenance employees of the Company,
including boommen and slipmen but excluding supervisory and clerical
8 Louis Trapp , William Mullner, Lloyd Warrick, Howard Hedlund, Elmer Ecklund;'Mike
Oakland, and Herman Grandstrom.
3
WALTON LUMBER COMPANY 577
employees, constitute an appropriate unit for the purposes 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Walton Lumber Company, Everett, 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 of Election under
the direction and supervision of the Regional Director for the Nine-
teenth 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 the production and maintenance employees
who were on the Company's pay roll for the period next preceding the
date of this Direction, including Louis Trapp, William Mullner, Lloyd
Warrick, Howard IIecllund, Elmer Ecklund, Mike Oakland, and
Herman Grandstroin, all boommen and slipmen, and all employees
who did not work during such pay-roll period because- they were
ill or on vacation, or who were then or have since been temporarily laid
off, but excluding supervisory and clerical employees and employees
who have since quit or been discharged for cause to determine whether
they desire to be represented by Local No. 2648, chartered by the
United Brotherhood of Carpenters and Joiners of America, affiliated
with the American Federation of Labor, or by International Wood-
workers of America, Local 2-101, affiliated with the Congress of Indus-
trialOrganizations, for the purposes of collective bargaining, or by
neither.