Weyerhaeuser Timber Co.

National Labor Relations Board - Board Decisions

Jul 6, 1945

62 N.L.R.B. 1166 (N.L.R.B. 1945)

In the Matter Of WEYERHAEUSER TIMBER COMPANY and KLAMATH
BASIN DISTRICT COUNCIL, LUMBER AND SAWMILL WORKERS UNION,
A. F. OF L.
Case No. 19-R-1489.-Decided July 6, 1945
Mr. C. L. Irving, of Klamath Falls, Oreg., for the Company.
Messrs. Don Gilman and William Wedel, of Klamath Falls, Oreg., for
the L. & S. W.
Mr. George Brown, of Portland, Oreg., and Mr. Vcrnon N. Chase, of
Klamath Falls, Oreg., for the I. W. A.
Miss Aida Casanas, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Klamath Basin District Council, Lumber
and Sawmill Workers Union, A. F. of L., herein called the L. & S. W.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Weyerhaeuser Timber Company, Klamath
Falls, Oregon, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before John E.
Hedrick, Trial Examiner. Said hearing was held at Klamath Falls, Oregon,
on April 17, 1945. The Company, the L. & S. W., and International Wood-
workers of America, C. I. 0., herein called the I. W. A., appeared and
participated All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bearing
on the issues. At the end of the hearing the I. W. A. moved to dismiss the
petition on the ground that the L. & S. W. did not show sufficient repre-
sentation-In view of the findings of fact set forth in Section III, infra, the
motion is hereby denied. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board:
Upon the entire record in the case, the Board makes the following
62 N. L R. B, No. 150.
1166
WEYERHAEUSER TIMBER COMPANY 1167
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Weyerhaeuser Timber Company is a Washington corporation engaged in
mill operations near Klamath Falls, Oregon, the only branch with which
we are concerned. The mill produces approximately 200,000,000 board feet
of finished lumber per year. The logs or raw materials used for the milling
operations originate within the State of Oregon,; however, 95 percent of
the products of the Company is shipped to points outside the State of
Oregon.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Lumber and Sawmill Workers Union, affiliated with the American Fed-
eration of Labor, is a labor organization admitting to membership employ-
ees of the Company.
International Woodworkers of America, Local No. 6-12, affiliated with
the Congress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 29, 1945, the L. & S. W. requested recognition of the Com-
pany as collective bargaining agent for certain employees. The Company
replied, denying the request unless the L. & S. W. be certified by the
Board, and stating that I. W. A. had been certified as collective bargaining
agent for its production employees.
On April 30, 1943, the Company and the I. W. A. entered into a contract
covering the employees now requested by the L. & S. W. This contract was
to remain in effect from year to year unless either party notified the other
of a desire to negotiate changes therein not less than 60 days prior to April
1 of any year. The record does not indicate that either of the parties to the
contract ever gave notice of a desire to change or terminate the contract.
The petitioner's notice was timely, however, and none of the parties urges
the contract'as a bar to the present proceeding.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the L. & S. W. represents a substantial number of employees
in the unit hereinafter found appropriate.'
'The Field Examiner reported that the L. & S. W. submitted 107 designation cards dated as
follows: I in April 1944 , 1 in June 1944, 103 in 1945, and 2 undated . It appears that at the time of
the hearing there were 447 employees in the unit hereinafter found appropriate.
The I . W. A. contends that the L & S W. has not made a sufficient showing of interest to warrant
the conduct of an election in view of the existing contract between the Company and the I. W. A.
The 1943 contract contains a maintenance of membership clause and in view of this fact we consider
the showing made by the L. & S. W sufficient to warrant an election . See Matter of Gibbs Gas
Engine Company , 55 N. L . R. B. 492.
1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company , within the meaning of Section
9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
Pursuant to several decisions of the Board,° the following units have
been established for the employees of the Company at its Klamath Falls
operations, for the purposes of collective bargaining :
1. All conductors and brakemen employed in the logging trains, repre-
sented by the Brotherhood of Railroad Trainmen pursuant to a certifica-
tion issued in May 1941.
2. All firemen, engineers and hostlers therein, represented by Brother-
hood of Locomotive Firemen and Enginemen, pursuant to a certification
issued on the same date.
3 All employees in the machine shop, including all electricians, car men,
millwrights, and their helpers, represented by International Association
of Machinists, pursuant to certifications issued in May 1941 and October
1942. ,
4: All employees in the logging operations, presently represented by
the I. W. A., pursuant to a certification issued in June 1942.
5. All production and maintenance employees in the mill operations,
presently represented by the I. W. A., pursaunt to a certification issued in
October 1942.
The L. & S. W. now seeks to represent all employees at the Company's
mill operations. The I. W. A. contends that since it has been the bargain-
ing agent for employees in both mill and woods operations, it has negotiated
at the same time virtually identical contracts covering both these groups,
and that, therefore, both groups together now comprise the appropriate
bargaining unit. The Company urges the same contention that it made in
the prior proceedings involving its employees, maintaining that all its
employees at Klamath Falls" should be combined in a single bargaining
unit. None of the interested labor organizations joins the Company in
this contention, which envisages the merger of three craft units established
by the Board and presently represented by labor organizations not parties
hereto. We, therefore, reject the Company's contention.
Notwithstanding the similarity of the I. W A.'s contracts covering the
mill and woods employees, respectively, the provisions thereof are not
identical and we are of the opinion that a true consolidation of the two
units has not been achieved. These two groups of employees are function-
ally different and can properly be represented separately, although we
2 See Matter of Weyerhaeuser Timber Company, 30 N. L. R. B. 872, and 31 N. L. R. B. 843
certification), 39 N L R. B. 48, and 41 N L R. B. 759 ( certification); 42 N L. R. B. 499, and
44 N. L R. B. 1092 ( certification).
WEYERHAEUSER TIMBER COMPANY 1169
have held that mill and woods employees may be combined in a single unit
if that is the desire of the employees involved.' Under these circumstances
we adhere to our prior determination and find that the millworkersere a
functionally distinct group which constitutes an appropriate unit, apart
from other employees of the Company.
There is no dispute among the parties as to the composition-of the unit
confined to the sawmill employees. In accordance with our previous de-
termination and the agreement of the parties we find that all production
and maintenance employees in the Company's mill operations at Klamath
Falls, Oregon, but excluding employees in the machine shop, electricians,
car men, ]millwrights and their helpers, conductors, brakemen, firemen,
engineers and hostlers on the Company's logging trains, employees in the
Company's logging operations, all clerical employees, and foremen and any
other supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b) of
the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein, sub-
ject to the limitations and additions set forth in the Direction.
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Weyerhaeuser Timber Com-
pany, Klamath Falls Branch, Klamath Falls, Oregon, an election by secret
ballot shall be conducted as early as possible, but not later than thirty (30)
clays from the date of this Direction, under the direction and supervision
of the Regional Director for the Nineteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the employ-
ees in the unit found appropriate in Section IV, above, who were employed
8 See Matter of California Door Company, 52 N L. R. B. 68; Matter of Sluslaw Forest Products
Company, Inc, 55 N L R B. 1115; cf. Matter of Bethlehem-Fairfield Shnpymd, Incorporated, 58
N. L. R. B. 579.
1170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
during the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during the said -pay-roll period
became they were -ill or on vacation or temporaily laid off, and including
employees in the armed forces of the United States who present themselves
in person at the polls, but excluding any who have since quit or been
discharged for cause and have not been rehired or reinstated prior to the
date of the election, to determine whether they desire to be represented
by Lumber and Sawmill Workers Union, A. F: of L., or by International
Woodworkers of America, Local Union 6-12, C. I. 0., for the purposes
of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.