A. R. Tohl

National Labor Relations Board - Board Decisions

Nov 23, 1951

97 N.L.R.B. 93 (N.L.R.B. 1951)

A. R. TOHL 93
has engaged in and is engaging in unfair labor practices within the meaning
of Section 8 (b) (1) (A) of the Act.
7. The aforesaid unfair labor practices are unfair labor practices affecting
commerce within the meaning of Section 2 (6) and (7) of the Act.
[Recommended Order omitted from publication in this volume.]
A. R. TOHL 1 and COLUMBIA RIPER DISTRICT COUNCIL No. 5, INTERNA-
TIONAL WOODWORKERS OF AMERICA, CIO, PETITIONER . Case No. 36-
RC-633. November 03, 1951
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before R. J. Wiener, hearing officer.
The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Reynolds and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent employees
of the Employer.
3. No question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The Employer has, since May 1950, engaged in the logging business
in and around Idanha, Oregon. On May 18, 1951, the date on which
the petition in this proceeding was filed, the Employer's only logging
operations were carried on at Boulder Creek, about 5 miles from
Idanha, Oregon. In June 1951, before the hearing was held in this
proceeding, this logging operation had ended. In the meantime the
Employer had commenced the construction of a forest service access
road,2 approximately 17 miles from Idanha, employing, among others,
6 of some 15 employees used in its earlier logging operations.
I The name of the Employer appears as amended at the hearing.
2 This road is being built on U. S. Forest Service land for two companies purchasing
timber from this Service . In the lumber industry , it is customary for the purchaser of
timber from the Forest Service to bear the cost of and be responsible for the construction
of a road to the tract on which the timber is located , even though the road will be owned
by the Forest Service.
97 NLRB No. 18.
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Petitioner desires to be certified as the bargaining representa-
tive of employees in the operations of the Employer. The Employer
moved to dismiss the petition on the ground that the road operation
was scheduled to be shut down shortly after the date of the hearing,
and that any future operation is indefinite in character.
We find merit in the Employer's position. There is uncontroverted
evidence that 6 weeks after the hearing the Employer would complete
his construction operation, and that he was at the time of the hearing
without commitments or arrangements for future logging activity.
As a result, there is no certainty that the Employer will be engaged
in any activity in the future or that any of the employees sought to
be represented by the Petitioner will be employed by the Employer.
Because it now appears the Employer's operation has been com-
pleted and, because it is well settled that the unit placement of em-
ployees at new, but indefinite, logging operations of an employer
should be decided in future proceedings, we are of the opinion that
no useful purpose will be served by proceeding with a determination
of representatives at this time. Accordingly, we shall dismiss the
petition without prejudice.3
Order
IT Is HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed without prejudice.
8 See G H. Swailey Logging Company , 91 NLRB 921 ; Donovan, James , Wismer, & Becker,
93 NLRB 1562 ; Farm Tools, Inc. (Vulcan Plow Division ), 91 NLRB 926.
DUMONT ELECTRIC CORPORATION and INTERNATIONAL UNION OF ELEC-
TRICAL, RADIO & MACHINE WORKERS, CIO, PETITIONER. Case No.
2-RC-3572. November 23, 1951
Supplemental Decision and Certification of Representatives
Pursuant to a Decision and Direction of Election dated June 14,
1951, an election by secret ballot was held on June 28, 1951, under the
direction and supervision of the Regional Director for the Second
Region, among the employees of the Employer in the unit found
appropriate. At the close of the election the parties were furnished
a tally of ballots which showed that of approximately 308 eligible
voters, 291 cast valid ballots, of which 166 were cast for the Petitioner
and 120 for Local 430, United Electrical, Radio and Machine Workers
of America, herein called the Intervenor, and 5 for no union. One
ballot was void and there were no challenges.
97 NLRB No. 25. _^^