Woolley Logging Co.

National Labor Relations Board - Board Decisions

Nov 22, 1943

53 N.L.R.B. 803 (N.L.R.B. 1943)

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.
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