Westvaco Corp.

National Labor Relations Board - Board Decisions

Dec 13, 1974

215 N.L.R.B. 581 (N.L.R.B. 1974)

WESTVACO CORPORATION 581
Westvaco Corporation and Chauffeurs , Teamsters and
Helpers, Local - Union No . 175, affiliated with the
International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, Peti-
tioner . Case 9-RC-10638
December 13, 1974
DECISION ON REVIEW AND ORDER
BY CHAIRMAN MILLER AND MEMBERS FANNING AND
KENNEDY
On August 13, 1974, the Acting Regional Director
for Region 9 issued a Decision and Direction of Elec-
tion in the above-entitled proceeding, finding appropri-
ate a 'unit of all employees at the Employer's logging
operation, woodyard, and mechanical. maintenance
shop in and around Rupert, West Virginia. Thereafter,
in accordance with Section 102.67 of the National La-
bor Relations Board Rules and Regulations, the Em-
ployer filed a timely request for review of the Acting
Regional Director's decision, contending that there
was error in combining the above three groups of em-
ployees, in a single unit, as requested by the Petitioner.
By telegraphic order dated September 18, 1974, the
National Labor Relations Board granted the request
for review with respect to the unit, denied review in all
other respects, and stayed the election pending decision
on review.
Pursuant to the provisions of Section '3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the entire record in this
case with respect to the issues under review and makes
the following findings:
The Employer has a paper plant in Covington, Vir-
ginia, which is the headquarters for its cutting, logging,
and clipping operations in Virginia, West Virginia, and
Kentucky. Involved in this case are the Employer's
operations at Rupert, West Virginia, consisting of the
logging operation, woodyard, and mechanical mainte-
nance shop.
The Employer's logging operations are presently.be-
ing conducted at locations 10 to 35 miles from Rupert.
There are 4 crews totaling some 40 employees which
consist of clipper operators, skylock operators, labor-
ers, heavy equipment operators, and local truckdrivers.
These employees cut and process logs and chips. Each
logging crew operates in about 20-acre areas called
"blocks." The saleable logs, called "saw logs," are sold
at the site to buyers whose employees load the logs for
shipment. After the cutting operation, the Employer's
employees are primarily engaged in processing chips
from butt logs which are not marketable as "saw logs"
and the transportation of these chips to various drop
points from which independent over-the-road drivers
transport the chips to the Employer's papermill in Cov-
ington, Virginia.
The woodyard at Rupert is 1 of 10 operated by the
Employer from its Covington headquarters. There are
four laborers who load and unload logs which are pur-
chased by the Employer from farmers and other in-
dependent businessmen who bring their logs to the
woodyard. Eventually, the employees load the logs
onto railcars or onto trucks for shipment to Covington.
The Employer's mechanical maintenance shop,
located at Rupert, services Employer's equipment in
the tristate area. There are several skilled mechanics at
the machine shop who are trained to repair various
diesel equipment and hydraulic systems. Because of the
nature of the Employer's equipment, it is necessary for
the mechanics to travel throughout the tnstate area
performing major repairs on logging equipment in the
field and on scales at the various woodyards.
The Acting Regional Director, in finding appropri-
ate a unit consisting of the above groups of employees,
treats such unit as a plantwide unit and notes that, in
the absence of a bargaining history and as no labor
organization is seeking to represent them separately,
such unit is presumptively appropriate.
The record discloses that each of the three operations
is geographically separate and under separate supervi-
sion; that there is no interchange or line of progression,
either by promotion or transfer, among the employees
of the three groups; and that each group of employees
has dissimilar skills, little, if any, contact with each
other, and different working conditions and pay scales.
On the basis of the foregoing, we find, contrary to the
Acting Regional Director, that these three groups of
employees do not have sufficient community of interest
to be included in the same bargaining unit. Accord-
ingly, as the unit sought herein does not constitute an
appropriate unit, we shall dismiss the petition.
ORDER
It is hereby ordered that the petition filed herein be,
and it hereby is, dismissed.
215 NLRB No. 108