Weyerhaeuser Co.

National Labor Relations Board - Board Decisions

May 4, 1979

242 N.L.R.B. 1 (N.L.R.B. 1979)

WEYERHAEUSER COMPANY
Weyerhaeuser Company and United Paperworkers In-
ternational Union, AFL-CIO. Case 26-CA-7611
May 4, 1979
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS PENELLO
AND TRUESDALE
Upon a charge filed on January 29, 1979, by
United Paperworkers International Union, AFL-
CIO, herein called the Union, and duly served on
Weyerhaeuser Company, herein called Respondent,
the General Counsel of the National Labor Relations
Board, by the Regional Director for Region 26, issued
a complaint and notice of hearing on February 2,
1979, against Respondent, alleging that Respondent
had engaged in and was engaging in unfair labor
practices affecting commerce within the meaning of
Section 8(a)(5) and (1) and Section 2(6) and (7) of the
National Labor Relations Act, as amended. Copies of
the charge, complaint, and notice of hearing before
an administrative law judge were duly served on the
parties to this proceeding.
With respect to the unfair labor practices, the com-
plaint alleges in substance that on October 30, 1978,
following a Board election in Case 26-RC-5814, the
Union was duly certified as the exclusive collective-
bargaining representative of Respondent's employees
in the unit found appropriate;' and that, commencing
on or about January 26, 1979, and at all times there-
after, Respondent has refused, and continues to date
to refuse, to bargain collectively with the Union as
the exclusive bargaining representative, although the
Union has requested and is requesting it to do so. On
February 14, 1979, Respondent filed its answer to the
complaint admitting in part, and denying in part, the
allegations in the complaint.
On February 21, 1979, counsel for the General
Counsel filed directly with the Board a Motion to
transfer case to Board and for Summary Judgment.
Subsequently, on February 28, 1979, the Board issued
an order transferring the proceeding to the Board and
a Notice To Show Cause why the General Counsel's
Motion for Summary Judgment should not be
granted. Respondent thereafter filed a response to
Notice To Show Cause.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
I Official notice is taken of the record in the representation proceeding.
Cue 26-RC-5814, as the term "record" is defined in Secs. 102.68 and
102.69(g) of the Board's Rules and Regulations, Series 8, as amended. See
LTVElectroasystms, Inc., 166 NLRB 938 (1967), enfd. 388 F.2d 683 (4th Cir.
1968); Golden Age Beverage Co., 167 NLRB 151 (1967), enfd. 415 F.2d 26
(5th Cir. 1969); Interype Co. v. Penello. 269 F.Supp. 573 (D.C.Va. 1967);
Folletr Corp., 164 NLRB 378 (1967), enfd. 397 F.2d 91 (7th Cir. 1968); Sec.
9(d) of the NLRA, as amended.
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion for Summary Judgment
In its answer to the complaint and in its opposition
to the Motion for Summary Judgment, Respondent
basically questions the validity of the underlying rep-
resentation proceeding and the resulting certification
of the Union. Respondent alleges that the Union was
certified in an inappropriate unit and that the Acting
Regional Director sustained the challenges to the bal-
lots of two employees by resolving credibility issues
without a hearing, which it now requests.
An examination of the record in Case 26-RC-5814
reveals that on July 17, 1978, the Union filed a peti-
tion seeking to represent certain employees of Re-
spondent. On August 29, 1978, the Acting Regional
Director for Region 26 issued a Decision and Direc-
tion of Election in a unit of office and clerical employ-
ees in three divisions of Respondent located at Pine
Bluff, Arkansas. Respondent filed a request for review
of the Acting Regional Director's Decision and Di-
rection of Election on September 8, 1978, which re-
quest was denied by the Board on September 20,
1978.
Pursuant to the Decision and Direction of Election,
an election was conducted on September 22, 1978,
resulting in a vote of 7 for and 6 against the Union,
with 2 challenged ballots. No objections were filed to
the conduct of the election. On October 30, 1978, the
Acting Regional Director for Region 26 issued a Sup-
plemental Decision and Certification of Representa-
tive, wherein he sustained the two challenged ballots
and certified the Union. On November 10, 1978, Re-
spondent filed a request for review of the Acting Re-
gional Director's Supplemental Decision and Certifi-
cation of Representative, which request was denied
by the Board on January 19, 1979.
It is well settled that in the absence of newly dis-
covered or previously unavailable evidence or special
circumstances a respondent in a proceeding alleging a
violation of Section 8(a)(5) is not entitled to relitigate
issues which were or could have been litigated in a
prior representation proceeding
All issues raised by Respondent in this proceeding
were or could have been litigated in the prior repre-
sentation proceeding, and Respondent does not offer
to adduce at a hearing any newly discovered or previ-
ously unavailable evidence, nor does it allege that any
special circumstances exist herein which would re-
quire the Board to reexamine the decision made in
2 See Pittsburgh Plate Glass Co. v. N.LR. ., 313 U.S. 146, 162 (1941);
Rules and Regulations of the Board, Secs. 102.67(f) and 102.69(c).
242 NLRB No. I
I)E( ISI()NS ()1 NATIONAI. I.ABOR RFI.A()IONS B()ARD)
the representation proceeding. We therefore find that
Respondent has not raised any issue which is prop-
erly litigable in this unfair labor practice proceeding.
Accordingly, we grant the Motion for Summary
Judgment.
On the basis of' the entire record, the Board makes
the following:
FINI)IN(S ()o;F [A('I
I. IlE BUSINESS OF RSPONI)IFN I
Respondent, a corporation doing business in the
State of Arkansas, with an office and place of busi-
ness located in Pine Bluff, Arkansas, is engaged in the
operation of a pulp and paper mill, a multiwall bag
plant, and a corporate truck fleet operation. During
the past 12 months, Respondent, in the course and
conduct of its business operations, purchased and re-
ceived at its Pine Bluff, Arkansas, location, products
valued in excess of $50,(00 directly from points lo-
cated outside the State of Arkansas, and during the
same period of time, Respondent sold and shipped
from its Pine Bluff, Arkansas, location, products val-
ued in excess of $50,000 directly to points located
outside the State of Arkansas.
We find, on the basis of the foregoing, that Respon-
dent is, and has been at all times material herein, an
employer engaged in commerce within the meaning
of Section 2(6) and (7) of the Act, and that it will
effectuate the policies of the Act to assert jurisdiction
herein.
11. IABOR OR(iANIZ.AIION INVOL()IV)
United Paperworkers International Union, AFL
CIO, is a labor organization within the meaning of
Section 2(5) of the Act.
III. FIlE IrNFAIR I.AB()R PRA( I('IiS
A. The Representation Proceeding
1. The unit
The following employees of Respondent constitute
a unit appropriate for collective-bargaining purposes
within the meaning of Section 9(b) of the Act:
All office clerical employees employed by the
Employer at its multiwall bag plant, pulp and
paper mill, and corporate truck fleet operations
located in Pine Bluff, Arkansas, excluding all
other employees including production and main-
tenance employees, confidential employees,
guards and supervisors as defined in the Act.
2. T'he certification
On September 22, 1978, a majority of the employ-
ees of Respondent in said unit, in a secret ballot elec-
tion conducted under the supervision of the Acting
Regional Director for Region 26. designated the
lnion as their representative for the purpose of col-
lective bargaining with Respondent. The Union was
certified as the collective-bargaining representative of
the employees in said unit on October 30, 1978, and
the Union continues to be such exclusive representa-
tive within the meaning of Section 9(a) of the Act.
B. Tle Request To Bargain and Respondent's Refusal
Commencing on or about January 23, 1979, and at
all times thereafter, the Union has requested Respon-
dent to bargain collectively with it as the exclusive
collective-bargaining representative of all the employ-
ees in the above-described unit. Commencing on or
about January 26, 1979, and continuing at all times
thereafter to date, Respondent has refused, and con-
tinues to refuse, to recognize and bargain with the
Union as the exclusive representative for collective
bargaining of all employees in said unit.
Accordingly, we find that Respondent has, since
January 26, 1979, and at all times thereafter, refused
to bargain collectively with the Union as the exclu-
sive representative of' the employees in the appropri-
ate unit, and that, by such refusal, Respondent has
engaged in and is engaging in unfair labor practices
within the meaning of Section 8(a)(5) and (1) of the
Act.
IV. IIF IFFE(I OF IHIi UNFAIR LABOR PRACTICES
IPO()N (O()MMER(CE
The activities of' Respondent set forth in section
111, above, occurring in connection with its operations
described in section , above, have a close, intimate,
and substantial relationship to trade, traffic, and com-
merce among the several States and tend to lead to
labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. IIIF REMDI)Y
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(5) and (1) of the Act, we shall
order that it cease and desist therefrom, and, upon
request, bargain collectively with the Union as the
exclusive representative of all employees in the ap-
propriate unit, and, if an understanding is reached,
embody such understanding in a signed agreement.
W-YE. RIAII ISI R (COMPANY
In order to insure that the employees in the appro-
priate unit will he accorded the services of their se-
lected bargaining agent for the period provided by
law, we shall construe the initial period of certifica-
tion as beginning on the date Respondent commences
to bargain in good faith with the Union as the recog-
nized bargaining representative in the appropriate
unit. See Mar-Jac Poultrv Company, Inc., 136 NIRB
785 (1962); Commerce Company ld/hb/a Lamar Hotel,
140 NLRB 226, 229 (1962). enfd. 328 F.2d 600 (5th
Cir. 1964), cert. denied 379 U.S. 817; Burnett Con-
struction Company, 149 NLRB 1419, 1421 (1964),
enfd. 350 F.2d 57 (10th Cir. 1965).
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
C()N(cILtSIO(NS OF LAW
1. Weyerhaeuser Company is an employer en-
gaged in commerce within the meaning of Section
2(6) and (7) of the Act.
2. United Paperworkers International Union,
AFL-CIO, is a labor organization within the mean-
ing of Section 2(5) of the Act.
3. All office clerical employees employed by the
Employer at its multiwall bag plant, pulp and paper
mill, and corporate truck fleet operations located in
Pine Bluff, Arkansas, excluding all other employees
including production and maintenance employees,
confidential employees, guards and supervisors as de-
fined in the Act, constitute a unit appropriate for the
purposes of collective bargaining within the meaning
of Section 9(b) of the Act.
4. Since October 30, 1978, the above-named labor
organization has been and now is the certified and
exclusive representative of all employees in the afore-
said appropriate unit for the purpose of collective
bargaining within the meaning of Section 9(a) of the
Act.
5. By refusing on or about January 26, 1979, and
at all times thereafter, to bargain collectively with the
above-named labor organization as the exclusive bar-
gaining representative of all the employees of Re-
spondent in the appropriate unit, Respondent has en-
gaged in and is engaging in unfair labor practices
within the meaning of Section 8(a)(5) of the Act.
6. By the aforesaid refusal to bargain. Respondent
has interfered with, restrained, and coerced, and is
interfering with, restraining, and coercing, employees
in the exercise of the rights guaranteed them in Sec-
tion 7 of the Act, and thereby has engaged in and is
engaging in unfair labor practices within the meaning
of Section 8(a)(l) of the Act.
7. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act. as amended, the National Labor Rela-
tions Board hereby orders that the Respondent, Wes-
erhaeuser Company, Pine Bluff: Arkansas, its officers,
agents. successors, and assigns. shall:
1. Cease and desist from:
(a) Refusing to bargain collectively concerning
rates of pay, wages. hours, and other terms and con-
ditions of employment with United Paperworkers In-
ternational Union, AFL-CIO, as the exclusive bar-
gaining representative of its employees in the
following appropriate unit:
All office clerical employees employed by the
Employer at its multiwall bag plant, pulp and
paper mill and corporate truck fleet operations
located in Pine Bluffl Arkansas, excluding all
other employees including production and main-
tenance employees. confidential employees,
guards and supervisors as defined in the Act.
(b) In ans like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them in Section 7 of the Act.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act:
(a) Upon request. bargain with the above-named
labor organization as the exclusive representative of
all employees in the aforesaid appropriate unit with
respect to rates of pay, wages, hours, and other terms
and conditions of employment, and, if an understand-
ing is reached, embody such understanding in a
signed agreement.
(b) Post at its place of business in Pine Bluff, Ar-
kansas, copies of the attached notice marked "Appen-
dix."? Copies of said notice, on forms provided by the
Regional Director for Region 26. after being duly
signed by Respondent's representative, shall be
posted by Respondent immediately upon receipt
thereof, and be maintained by it for 60 consecutive
days thereafter, in conspicuous places, including all
places where notices to employees are customarily
posted. Reasonable steps shall be taken by Respon-
dent to insure that said notices are not altered, de-
faced, or covered by any other material.
(c) Notify the Regional Director for Region 26, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
) In the event that this Order s enforced by a judgment of a United States
Court of Appeals, the words in the notice reading "Posted by Order of the
National Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board "
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain collectively
concerning rates of pay, wages, hours, and other
terms and conditions of employment with
United Paperworkers International Union,
AFL-CIO, as the exclusive representative of the
employees in the bargaining unit described be-
low.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employees
in the exercise of the rights guaranteed them by
Section 7 of the Act.
WE WILL, upon request, bargain with the
above-named Union, as the exclusive representa-
tive of all employees in the bargaining unit de-
scribed below, with respect to rates of pay,
wages, hours, and other terms and conditions of
employment, and, if an understanding is
reached, embody such understanding in a signed
agreement. The bargaining unit is:
All office clerical employees employed by
the Employer at its multiwall bag plant, pulp
and paper mill, and corporate truck fleet op-
erations located in Pine Bluff, Arkansas, ex-
cluding all other employees including produc-
tion and maintenance employees, confidential
employees, guards and supervisors as defined
in the Act.
WEYERHAEUSER COMPANY
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