The Connor Lumber and Land Co.

National Labor Relations Board - Board Decisions

Sep 18, 1940

27 N.L.R.B. 306 (N.L.R.B. 1940)

In the Matter of THE CONNOR LUMBER AND LAND Co. and LOCAL 125,
INTERNATIONAL WOODWORKERS OF AMERICA, C. I. O.
Case No. R-2016.-Decided September 18, 1910
Jurisdiction : lumber products manufacturing industry.
Investigation and Certification of Representatives : existence of question:
agreement as to; contract with defunct representative not asserted as a bar,
no bar to ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees of the Company at its Laona plant including truck drivers, lumber
inspectors and those employees working under the supervision of independent
contractors and Adolph Otto, but excluding employees of the Laona & North-
ern Railway Company, camp employees, independent contractors, timekeepers,
plant clerks, office employees, executives, foremen and others having super-
visory authority.
Employees of a Railway Company, a subsidiary owned and controlled by
the Company, excluded from the appropriate unit although the Company
desires their exclusion and the Board included them in the unit found
appropriate in a prior case where union desires their exclusion and facts
showed that they were not eligible to membership in the union, are subject
to the Railroad Retirement Act, and unlike the Company' s employees are
exempt from the provisions of the Wages and Hours Law.
Mr. Jacob I. Karro, for the Board.
Mr. R. B. Graves, of Wisconsin Rapids, Wis., for the Company.
Mr. John Maki, of Ironwood, Mich., for Local 125.
Mrs. Mary Metlay Kaufman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 2, 1940, Local 125, International Woodworkers of America,
affiliated with the Congress of Industrial Organizations, herein called
Local 125, filed with the -Regional Director for the Twelfth Region
(Milwaukee, Wisconsin) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Connor Lumber and Land Co.,' Laona, Wisconsin, herein called
' The name of the Company was incorrectly stated in the petition and formal documents
subsequent to the petition as Connor Land & Lumber Company. It was corrected by
amendment at the hearing
27 N. L. R. B, No. 66.
306
THE COINER LUMBER AND LAND CO. 307
the Company, at its Laona plant and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
August 14, 1940, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, ordered an investigation and author-
ized the Regional Director, to conduct it and to provide for an
appropriate hearing upon due ' notice.
On August 15, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, Local
125, and upon Lumber & Sawmill Workers Local Union No. 2871,
United Brotherhood of Carpenters and Joiners of America, affiliated
with the American Federation of Labor, herein called Local 2871, and
United Brotherhood of Carpenters and Joiners of America.
Pursuant to the notice, a hearing was held on August 22, 1940, at
Laona, Wisconsin, before Edward Grandison Smith, the Trial Exam-
iner duly designated by the Board. The Board and the Company
were represented by counsel and Local 125 by the chairman of the
Provisional Organizing Committee for Northern Wisconsin and upper
Michigan; all participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. During the
course of the hearing, the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company , a Wisconsin corporation , is engaged in the manu-
facture of lumber and wood products , including furniture and wood
flour, with its principal office and place of business at Laona, Wis-
consin. It is also engaged in the operation of a lumber mill at
Connorsville , Michigan . This case is concerned with the Company's
operations in the State of Wisconsin.
In, the course of its operations at its Laona mill the Company has
purchased and received large quantities of timber, wood , lumber and
plant materials , consisting of iron, steel , nuts, bolts , copper , tin, wire,
chemicals , and paints , from points outside the State of Wisconsin.
In connection with its logging and lumbering operations at various
points in the State of Wisconsin the Company has purchased and
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
received large quantities of plant and camp materials, including
beds, blankets, saws, axes, automobiles, trucks, trailers, pumps, electric
appliances, food, clothing, and other necessaries of life, from points
outside the State of Wisconsin. During the year 1939 about 20
per cent of all the materials purchased and used by the Company
in its Wisconsin operations had their origin in States other than
the State of Wisconsin.
In the course of its operations in the State of Wisconsin the Com-
pany has sold and shipped large quantities of its manufactured
lumber, furniture, wood products, and, wood byproducts from its
Laona mill to States other than the State of Wisconsin and to foreign
countries. During the year 1939 about 70 per cent of the aforesaid
products manufactured by the Company in the course of its Wis-
consin operations were shipped from the various points of its opera-
tions in the State of Wisconsin to States of the United States other
than the State of Wisconsin and to foreign countries.
The Company owns, maintains, and operates the Laona & Northern
Railway Company, a corporation engaged in transporting, by steam
railroad, the products purchased and used by the Company at its
Laona plant, as well as the products manufactured by the Company
iii the operation of its Laona plant. The tracks of the Laona &
Northern Railway Company connect with the tracks of the Sioux
Line, an interstate carrier, at•Laona Junction, Wisconsin.
The Company employs approximately 400 employees, including
clerical and supervisory, at its Laona plant.
III. THE QUESTION CONCERNING REPRESENTATION
Local 125, International Wood Workers of America, is a labor,
organization affiliated with the Congress of Industrial Organizations,
admitting to membership all production and maintenance employees
of the Company working on sawmills or wood, and excluding all
supervisory employees and employees of the Laona & Northern
Railway Company.
Lumber & Sawmill Workers Local Union No. 2871, United Brother-
hood of Carpenters and Joiners of America, was2 a labor organiza-
tion affiliated with the American Federation of 'Labor which admitted
to, membership all production and maintenance employees of the
Company at its Laona plant and the employees of the Laona &
Northern Railway Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 24, 1939, the Board certified Local 2871 as the exclusive
bargaining representative of all the production and maintenance em-
a In December 1939 its members voted to dissolve Local 2871.
THE COINER LUMBER AND LAND CO. 309
ployees of the Company, including the employees of the Laona &
Northern Railway Company.' On August 12, 1939, Local 2871 en-
tered into a -collective bargaining contract with the Company which
by its terms extends to June 1, 1941. In December 1939, at "a meeting
called by the acting president of Local 2871, Jerry Godin, a vote
was taken on a motion to dissolve that local. Seventy-five per cent
of the members who attended the meeting voted in favor of the
dissolution. Shortly thereafter Godin informed United Brotherhood
of Carpenters and Joiners of America of such dissolution and no
further meetings or business were conducted by Local 2871.
On July 2, 1940, Local 125 filed its petition herein, requesting an
investigation and certification of representatives. Subsequent to the
filing of the petition the Regional Director communicated with the
State and international representatives of United Brotherhood of
,Carpenters and Joiners of America and requested evidence of mem-
bership in Local 2871 of the Company's employees. These represen-
tatives replied that Local 2871 had no membership among the
Company's employees and made no claims to represent them. The
Regional Director further reported that Local 125 had submitted a
petition signed by 303 of the Company's employees designating Local
125 as their collective bargaining representative.. The parties stipu-
lated at the hearing that a question concerning representation had
arisen.
Although the Company maintains that its contract with Local 2871
is binding upon its employees despite the dissolution of Local 2871,
nevertheless it does not contend that the contract constitutes a bar
to the present proceeding. In view of the above circumstances and
the fact that the Company has not dealt with Local 2871 pursuant'
to the contract since December 1939, the contract presents no bar to
ari investigation and certification of representatives in this case.4
We find that a question has arisen concerning the representation
of employees of the Company.
Iv. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
-described in Section I above, has a close, intimate, and substantial
8Matter of The Connor Lumber if Land Co and International Woodworkers of America,
Local No 125 (C I O ), 11 N L R B 791
4 See Matter of Shell Chemical Company and Oil Workers Inteinattional Union , formerly
International Association of Oil Field, Gas Well , and Refinery Workers of America, 4 N. L.
R B. 259. Matter of Novelty Slipper Co and Employees of Novelty Slipper Co., Inc., and
Boot & Shoe Workers ' Union, A. F. of L, 5 N. L. R. B. 264 ; Matter of Woodville Lime
Products Company and American Federation of Labor , 7 N. L. R . B. 396; See also Matter
of Sound Timber Co and Int . Woodworkers of America, 8 N L R . B. 844.
310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce. - -
1
V. THE APPROPRIATE UNIT
The parties agreed at the'hearing that all production and mainte-
nance employees of the Company at the Laona plant, including truck
drivers, lumber inspectors, and those employees working under the
supervision of independent contractors and Adolph Otto, but ex-
eluding camp employees, independent contractors, timekeepers, plant
clerks, office employees, executives, foremen, and others having super-
visory authority, and specifically excluding Ed Bradle, James Cox,
John Lily, Frank Bohman, Carl Treml, Kenneth Allen, Kenneth
Liesch, Alvin Stauber, Glenn Woodford, Frank Stauber, Alfred
Ward, Jerry Gilligin, John Matelski, Forrest Typton, and Marvin
Salzman,5 constitute a unit appropriate for the purpose of collective
bargaining. '
The parties disagree on the inclusion of the employees working
for the Laona & Northern Railway Company. The Company con-
tends that these employees should be included in the appropriate
unit since they are under the same supervision and management as
the Company's employees. Local 125 contends that the employees
of the Laona & Northern Railway Company should be excluded
from the appropriate unit.
The employees of the Laona and Northern Railway Company, of
which there are approximately 25, were included in the unit found
to be appropriate by the Board on March 24, 1939,8 and Local 2871
bargained on their behalf. These railroad employees, however, are
not eligible to membership in Local 125. They are subject to the
Railroad Retirement Act' and unlike the Company's employees are
exempt from the provisions of the Wages and Hours Law 8 In view
of the facts presented in this case we shall exclude the employees
of the -Laona & Northern Railway Company from the appropriate
unit.
We find that all production and maintenance employees of the
Company at the Laona plant, including truck drivers, lumber. inspec-
tors, and those employees working under the supervision of independ-
ent contractors and Adolph Otto, but excluding employees of the
Laona & Northern Railway Company, camp employees, independent
5 These named employees have minor supervisory duties.
"Matter of The Connor Lumber d Land Co. and International Woodworkers of America,
Local No 125 (C. I. 0.), 11 N. L. R B. 791:
50 Stat. 307.
The Fair Labor -standards Act of 1938 , 52 Stat. 1060.
nM CONNER LUMBER AND LAND CO. 311
contractors, timekeepers, plant clerks, office employees, executives,
foremen, and others having supervisory authority, and specifically
excluding Ed Bradle, James Cox, John Lily, Frank Bohman, Carl
Treml, Kenneth Allen, Kenneth Liesch, Alvin Stauber, Glenn Wood-
ford, Frank Stauber, Alfred Ward, Jerry Gilligin, John Matelski,
Forrest Typton, and Marvin Salzman, constitute a unit appropriate
for the purposes of collective bargaining and that such unit will in-
sure to employees of the Company at its Laona plant the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company employs approximately 400 employees including
supervisory employees at its Laona plant. Local 125 submitted to
the Regional Director evidence indicating that it represented a sub-
stantial number of the Company's employees within the appropriate
unit. We find that the question concerning representation which has
arisen can best be resolved by the conduct of an election.
The parties agreed at the hearing that the pay roll for the period
ending August 25, 1940, should be used as the basis for determining
eligibility to participate in the election. The pay roll submitted by
the Company bears the date August 24, 1940. Since August 25, 1940,
fell on Sunday it is apparent that the parties intended the week
ending August 24, 1940, as the pay-roll period for determining eligi-
bility. We shall direct that' all employees within the appropriate
unit who were on the Company's pay roll for the, period ending
August 24, 1940, including employees who did not work during such
pay-roll period because they were ill or on vacation and, employees
who were then or have since been temporarily laid off, but excluding
those who have since quit or been discharged for cause, shall be
eligible to participate in the election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employes at the Laona plant of The Connor Lumber
and Land Co., Laona, Wisconsin, within the meaning of Section 9- (c)
and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company at
its Laona plant including truck drivers, lumber inspectors'and those
employees working under the supervision of independent contractors
and Adolph Otto, but excluding employees of the Laona & Northern
i
312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Railway Company, camp employees, independent contractors, time-
keepers, plant clerks, office employees, executives, foremen and others
having supervisory authority, and specifically excluding Ed Bradle,
James Cox, John Lily, Frank Bohman, Carl Trend, Kenneth Allen,
Kenneth Liesch, Alvin Stauber, Glenn Woodford, Frank Stauber,
Alfred- Ward, Jerry Gilligin, John Matelski, Forrest Typton, and,
Marvin Salzman, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DmECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with The Con-
nor Lumber and Land Co., Laona, Wisconsin, an election by secret
ballot shall be conducted 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 Twelfth Region, acting
in this matter as agent for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations, among
all production and maintenance employees of The Connor Lumber
and Land. Co., Laona, Wisconsin, at its Laona plant, who were em-
ployed during the pay-roll period ending August 24, 1940, including
truck drivers, lumber inspectors, and those employees working under
the supervision of the independent contractors and Adolph Otto, and
employees who did not work during said pay-roll period because they
were ill or on vacation, and those who were then or have since been
temporarily laid off, but excluding employees of Laona & Northern
Railway Company, camp -employees, independent contractors, time-
.keepers, plant clerks, office employees, executives, foremen, and others
having supervisory authority and specifically excluding Ed Bradle,
James Cox, Jbhn Lily, Frank Bohman, Carl Treml, Kenneth Allen,
Kenneth Liesch, Alvin Stauber, Glenn Woodford, Frank Stauber,
Alfred Ward, Jerry Gilligin, John Matelski, Forrest Typton, and
Marvin Salzman, and those who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by Local 125, International Woodworkers of America, affiliated with
the Congress of Industrial Organizations, for the purposes of collec-
tive bargaining.
THE CONNER LUMBER AND LAND CO . 313
[SAME TITLE]
CERTIFICATION OF, REPRESENTATIVES
October 22, 1940 i
On September 18, 1940, the National Labor Relations Board issued
its Decision and Direction of Election in the above-entitled proceed-
ing. Pursuant to the Direction of Election, an election by secret
ballot was conducted on October 2, 1940, under the direction, and
supervision of the Regional Director for the Twelfth Region (Mil-
waukee, Wisconsin). On October 4, 1940, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties an Election Report. No objections
to the conduct of the ballot or the Election Report have been filed
by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Number of employees eligible to vote----------------------- 448
Total number of ballots cast-------------------------------- 413
Number of votes counted------------------------------------
Number of votes for Local 125, International Woodworkers
408
of America , C. I. 0--------------------------------------- 294
Number of votes against Local 125, International Woodworkers
of America , C. I. 0--------------------------------------- 114
Number of blank ballots------------------------------------ 1
Number of void ballots------------------------------------- 0
Number of challenged ballots-------------------------------- 4
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended.
IT Is HEREBY CERTIFIED that Local 125, International Woodworkers
of America, C. I. 0., has been designated and selected by a majority
of the production and maintenance employees of The Connor Lumber
and Land Co. at its Laona plant, including truck drivers, lumber
inspectors, and those employees working under the supervision of
independent contractors and Adolph Otto, and excluding employees
of Laona and Northern Railway Company, camp employees, inde-
pendent contractors, timekeepers, plant, clerical, and office employees,
executives, foremen, and others having supervisory authority, as their
representative for the purposes of collective bargaining, and that,
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pursuant to the provisions of Section 9 (a) of the National Labor
Relations Act, Local 125, International Woodworkers of America,
C. I. 0., is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours -of employment and other conditions ' of employment.
27 N. L. R. B., No. 66a. - -