Canyon Lumber Co.

National Labor Relations Board - Board Decisions

Jan 11, 1945

59 N.L.R.B. 1512 (N.L.R.B. 1945)

In the Matter Of CANYON LUMBER COMPANY and . INTERNAIONAL
WOODWORKERS OF AMERICA, LOCAL 2-46, C. I. O.
Case No. 19-R-1363.-Decided January 11, 1945
Messrs. A. E. Dailey, J. H. Hambridge, and J. N. McNeely, of
Everett, Wash., for the Company.
Messrs. Van C. Griffin and Karly Larsen, of Seattle, Wash., and
William Wallace, of Bellingham, Wash., for the Union.
Mr. Thomas A. Ricci, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by International Woodworkers of Amer-
ica, Local 2-46, C. I. 0., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Canyon Lumber Company, Everett, Washington, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Joseph D. Holmes,
Trial Examiner. Said hearing was held at Everett, Washington,
on October 20, and November 15, 1944. The Company and the Union
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. 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:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Canyon Lumber Company, a Washington corporation, has its prin-
cipal place of business at Everett, Washington, where it operates a
mill for the manufacture of lumber and lumber products. All the
59 N. L. R. B., No. 276.
1512
CANYON LUMBER COMPANY 1513
logs used in its operations are obtained in the State of Washington
and its annual products are valued in excess of $500,000. Almost 100
percent of its products is shipped to markets outside the State of
Washington.
The Company does not deny, and we find, that it is engaged in
commerce within the meaning of the National Labor Relations Act.
In July 1943 the Company purchased large tracts of timberland in
Watcom County, State of Washington, together with some heavy log-
ging equipment formerly used by the prior owner. In order to have
this timber felled and brought to its mill for manufacturing, the Com-
pany made arrangements with a number of logging operators to have
them go into the woods with crews to fell, buck, and yard the logs.
Among these operators are Eric Nestos, Eino Usitalo, Glen Corning,
White Brothers, and Lee Simonson and R. H. Sussex, doing business
as Simonson & Sussex. Seeking to represent the operators' crews, the
Union contends that the Company is their employer, while the Com-
pany denies that such relationship exists.
The Company has oral agreements with Nestos, Usitalo, and Simon-
son & Sussex, whereby Nestos receives $17, and the other two operators
$16, per thousand feet of logs delivered to the Company's mill. The
agreements are for 1 year and may be terminated by any of the parties
at will. Nestos, Usitalo, and Simonson & Sussex keep their business
records at the office of a certified public accountant whose services are
independently engaged and paid for by each of them. This account-
ant does no work for the Company. These operators pay wages to
their employees with their personal checks. Simonson & Sussex makes
unemployment compensation, compensation insurance, and social secu-
rity payments on behalf of workmen in its crews.
The uncontradicted testimony of Lee Simonson, R. H. Sussex, Nestos,
and two company officials indicates that the Company has no authority
in regard to the hiring or discharging of any of the employees who
work for Simonson & Sussex, Nestos, and Usitalo. As to these em-
ployees; it is clear that the Company exercises no control over their
duties, wages, or working conditions. The record also establishes
that, with respect to the three operators mentioned, except for occa-
sional suggestions inspired by the Company's pressing need for a maxi-
mum delivery of logs, which are accepted as advisory and not manda-
tory, the Company in no way participates in the conduct of their
businesses. It also appears from the record that Glen Corning and
White Brothers fell and yard the Company's timber as contractors on
the same basis as Nestos, Usitalo, and Simonson & Sussex.
In view of the foregoing facts, and upon the entire record in the
case, we are not persuaded that Canyon Lumber Company is the em-
ployer of the operators' crews, within the meaning of Section 2 (2)
of the Act. Accordingly, we shall dismiss the petition.
1514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the foregoing findings of fact, and pursuant to
Section 9 (c) of the National Labor Relations Act, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Canyon Lumber Com-
pany, Everett, Washington, filed by International Woodworkers of
America, Local 2-46, C. I. 0., be, and the same hereby is, dismissed.