Ewauna Box Co.

National Labor Relations Board - Board Decisions

Mar 10, 1943

47 N.L.R.B. 1466 (N.L.R.B. 1943)

In-the-Matter of EWAUNA Box COMPANY and INTERNATIONAL WOOD-
WORKERS OF AMERICA, LOCAL 6-12, C. I. +O.
.Case No. R-4890.-Decided March 10, 1943
Jurisdiction : logging and lumber industry. .
Investigation and Certification of Representatives : existence of question • recog-
nition refused without prior certification of the Board; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees; including graders, tallelmen, and scalers at one manufacturing
plant, but excluding all supervisory, clerical, and office employees ; stipula-
tion as to.
Mr. William Kuykendall, of Klamath Falls, Oreg., for the Com-
pany.
Mr. William C. Aldridge, of Klamath Falls, Oreg., for the Wood-
workers.
-Mr. `Hugh R.' Haddock, of `Klamath Falls, Oreg.; `fore=the District
Council.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION 'OF ELECTION
STATEMENT OF THE CASE
r
Upon an amended petition duly filed by International Woodwork-
ers of America, Local 6-12, C. I. 0., herein called the Woodworkers,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Ewauna Box Company, Klamath
Falls, Oregon, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before William H. Bartley, Trial Examiner. Said hearing was held
at Klamath Falls, Oregon, on,February 15, 1943. The Company,
the Woodworkers, and the Klamath Basin District Council, Lumber
& Sawmill Workers Union, A. F. of L., herein called the District
Council, appeared, participated, and 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.
47 N. L. R. B., No. 187.
1466
A
`;-r,^'•EWAIYNA -BOX COMPANY 1467
Upon,the entire record in•.the case, the Board makes the follo*irfg :
FINDINGS. OF FACT,
I - i
1. TI3E BUSINESS OF THE COMPANY
Ewauna Box Company, an Oregon corporation, is engaged, in the
manufacture of lumber and box shooks and in logging operations. Its
manufacturing plant is located at Klamath Falls, Oregon, and its log
`supplies are obtained in Lake' County and Klamath County, Oregon.
All logs cut in the Company's logging camps are used by the Company
in its manufacturing operations. The manufacturing plant at
Klamath Falls, with which we are alone here concerned, consists of a
sawmill, planing mill and box factory in «which 30 million board feet
of lumber and shooks were produced during the first 6 months of 1942,
'almost all of which were shipped to points outside the State of Oregon.
The Company employs salesmen who travel throughout the United
States and it receives and fills mail orders for its products.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
'11. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, Local 6-12, is a labor organ-
ization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Klamath Basin District Council, Lumber & Sawmill Workers Union,
is a labor organization affiliated with the American Federation of
Labor, admitting, to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
` Tie Woodworkers requested the Company to bargain with it as the
representative of its employees and the Company refused -unless and
until the Woodworkers is duly certified as bargaining agent by the
Board.
A statement-of the Board's attorneys, introduced into evidence at
the hearing, and a statement of the Trial Examiner made at the hear-
ing, indicate that the Woodworkers and -the District Council each
'represents a substantial number of-employees in the unit hereinafter
found appropriate.,
The Board ' s attoineys iepo1ted that the woodworkers submitted 286 designations, of
which 169 correspond with names on the Company's pay roll of December 31, 1942, which
,contains 479 names in the appropriate unit . The Board ' s attorneys also reported that the
District Council submitted 109 designations , of which 53' correspond with names on the
aforesaid pa v roll The Trial Examiner reported that the woodworkers submitted 22 addi-
tional designations of which 21 also cm respond with navies on this same pay roll
1468 DECISIONS OF r NATIONAL 'LABOR' RELATIONS BOARD
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 Act.
IV. THE APPROPRIATE UNIT
We find, in accordance,with the agieeihent of the parties, that' all
production and maintenance employees, including graders, talleymen,
and scalers of the Company at its Klamath Falls manufacturing plant,
but excluding all supervisory, clerical, and office employees, constitute
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 an election by secret ballot among the em-
ployees 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 Relations
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 Ewauna Box Com-
pany, Klamath Falls, 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 matter as
alfor the Natio^I l Laboi'Relations Board. and-subject to Article
III, Section 10, 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 any such 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, to determine
whether they desire to be represented,by International Woodworkers
of America, Local 6-12; affiliated with the, Congress of Industrial
Organizations, or by Klamath Basin District Council, Lumber &,Saw-
mill Workers Union, affiliated with the America^i Federation of Labor,
for the purposes of collective bargaining, or by neither.