Woolley Logging Co.Download PDFNational Labor Relations Board - Board DecisionsNov 22, 194353 N.L.R.B. 803 (N.L.R.B. 1943) Copy Citation In the Matter of WOOLLEY LOGGING COMPANY and LUMBER AND SAW- MILL WORKERS LOCAL UNION 7-277, INTERNATIONAL WOODWORKERS OF AMERICA, C. I. O. • Case No. 19-R-1178.Decided November 02, 194 Mr. R. E. Laird, of Drain, Oreg., for the Company. Mr. Ray Lea, of Roseburg, Oreg., and Mr. W. C. Harris, of Reeds- port, Oreg., for the I. W. A. Messrs. C. P. Richards and W. 0. Kelsay, of Eugene; Oreg., for the Council. Mr. Louis Cokin, of counsel to the Board., DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Lumber and Sawmill Workers Local Union 7-277, International Woodworkers of America, C. I. 0., herein called the I. W. A., alleging that a question, affecting commerce had arisen concerning the representation of employees of. Woolley , Log- ging Company, Drain, Oregon, herein called the Company, the, Na- tional Labor Relations Board provided for an appropriate ,hearing upon due notice before Joseph D. Holmes, Trial Examiner. Said hearing was held at Eugene, Oregon, on October 22, 1943. • At the commencement of the hearing, the Trial Examiner granted .a motion of Willamette Valley District Council, Lumber and Sawmill Workers, A. F. of L., herein called the Council, to intervene. The Company, the I. W. A., and the Council appeared, participated, and were • af- forded full opportunity to be heard, to examine and cross-examine witnesses , and to introduce evidence bearing on the, issues ., The Trial Examiner's Rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were. afforded opportunity to file briefs with the Board. 53 N. L. R. B., No. 147. 80.3 804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Woolley Logging Company carries on logging operations near Drain, Oregon. The Company annually cuts logs worth about $240,000, all of which are sent to two lumber mills in the vicinity of Drain. Approximately 95 percent of the products manufactured by the two lumber mills is shipped to points outside the State of Oregon. II. THE ORGANIZATIONS INVOLVED Willamette Valley District Council, Lumber and Sawmill Workers, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. Lumber and Sawmill Workers Local Union 7-277, International Woodworkers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 4, 1943, the I. W. A. requested the Company to recog- nize it as the exclusive collective bargaining representative of the Company's employees. The Company refused this request on the ground that it was operating under a contract with the Council. On April 18, 1941, the Company and the Council entered into an exclusive collective bargaining contract. Either party may terminate the agreement by giving 30 days' notice to the other of its desire to terminate . ' Since the agreement by its terms may be terminated upon 30 -days' notice by either party thereto, it does not constitute a bar to a determination of representatives at this time. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the I. W. A. represents a substantial number of employees in the unit hereinafter found to be appropriate.' 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 National Labor Relations Act. 'The Field Examiner reported that I. W. A. presented 14 authorization cards hearing apparently genuine signatures of persons whose names appear on the Company 's pay roll of September 4, 1943. There are 33 persons in the appropriate unit. The Council did not present any evidence of representation , but relies upon its contract as evidence of its Interest in the Instant proceeding. WOOLLEY LOGGING COMPANY IV. THE APPROPRIATE UNIT 805 We find, in substantial agreement with a stipulation of the parties, that all employees of the Company at its Smith River logging opera- tions, including truck drivers, hook tenders,2 and the filer, but ex- cluding clerical employees and all supervisory employees with author- ity to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, con- stitute 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 means of an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of -Election herein, subject 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations=Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Woolley Logging Company, Drain, Oregon, an election by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Nineteenth Region, acting in this mat- ter as agent for the National Labor Relations Board and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily 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 elec- t The record indicates that the hook tenders employed by the Company do not exercise any supervisory powers. 806 DECISIONS OF NATIONAL LABOR RF4LATIONS BOARD tion, to determine whether they desire to be represented by Willa- mette Valley District Council, Lumber and Sawmill Workers, affil- iated with the American Federation of Labor, or by Lumber and Sawmill Workers -Local Union 7-277, International Woodworkers of America, affiliated with the Congress of Industrial Organizations; for the purposes of collective bargaining, or by neither. .1:.'I 1 1 ,2: 7 .1 0 1 'd I Copy with citationCopy as parenthetical citation