Lamm Lumber Co.

National Labor Relations Board - Board Decisions

Jun 13, 1944

56 N.L.R.B. 1361 (N.L.R.B. 1944)

In the Matter Of LAMM LUMBER COMPANY and LUMBER AND SAWMILL
WORKERS UNION , A. F. ' L;
Case No. 19-R-1320.-Decided June 13, 1944
Mr. R. B. Maxwell, of Klamath Falls, Oreg., for the Company.
Messrs. W. Yeoman and Donald Gilman, of Klamath Falls, Oreg.,
for the A. F. L.
Mr. George Brown, of Portland, Oreg., and-Mr. Vernon N. Chase,
of Klamath Falls, Oreg., for the C. I. O.
Mrs. Catherine W. Goldman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Lumber and Sawmill Workers
Union, A. F. L., herein called the A. F. L., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Lamm Lumber Company, Modoc,Point, Oregon, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Maurice W.
Miller, Trial Examiner. Said hearing was held at Klamath Falls,
Oregon, on April 20, 1944. At the hearing International Wood-
workers of America, Local 6-12, affiliated with the Congress of
Industrial Organizations, herein called the C. I. O. moved to inter-
vene; and the motion was granted. The Company, the A. F. L.,
and the C. I. 0., appeared and participated. The C. I. O. moved
that the petition be dismissed because of a contract between it and
the Company. For reasons hereinafter stated, the motion is hereby
denied. 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.
56 N. L. R. _'B , No. 243.
1361
1362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS or FACT -
I. THE BUSINESS OF THE COMPANY -
Lam mLumber Company, an Oregon corporation, is engaged in the
manufacture and sale of lumber. It operates a logging camp at
Chinchalo, Oregon, from which it secures its entire supply of timber,
and maintains a lumber mill at Modoc Point, 'Oregon %vhere it-manu-
factures yard stock, 'factory stock, lath, molding, and box shook.
Only the Modoc Point operations are involved in this proceeding.
During the year 1943 the Company logged and processed approxi-
mately 45,000,000 feet of lumber. A small percentage of the Com-
pany's output is sold directly to war agencies of the United States
Government but approximately the entire production goes indirectly
into interstate commerce and into the war effort.
,We find that the Company is engaged in commerce within the meant
ing of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
I
Lumber and Sawmill Workers Union, affiliated with the American
Federation of Labor, is a, labor organization admitting to membership
employees of the Company.'
International Woodworkers of America, Local 6-12, affiliated with
the Congress of Industrial Organizations, is a labor organization ' ad-
• mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION,
'On March' 15, 1943, the Company and the C. -I. O. entered into an
exclusive'bargaining contract, to be effective until April 1, 1944,1 and
Jo be automatically renewable in the absence of notice 60 days prior to
that date, of a desire to change the contract., On January 24, 1944, the
C. 1. 0., in accordance with the terms of the contract, notified the Com-
pany that it desired revisions-and amendments to the contract. - There-
after, however, no negotiations were'held between the parties as,pro-
vided for in the contract.2 On March 28, 1944, the •A. L. F. filed its
petition in this proceeding.
' T I he printed copy of the contract , introduced into evidence , gives the termination date
as April 1 , 1043. It appears from the context of,the record , however, that 1944 was the
date intended by the parties. ,
2 Section ( 2), Article XIII, of the contract reads as follows :
If such notice of desired 'changes in this agreement , as above provided, is given by either
party to-the other , negotiations with respect to such changes shall be held commencing not
less than thirty ( 30) days prior to expiration If these negotiations do not result in
agreement by the expiration date, this agreement shall at the expiration date-become null
and void, unless the parties at that time mutually agree to ,'continue negotiations: If they
do so agree , then this ` agreement shall continue in full force and effect until such negotia-
tions are broken off by either party or an agreement is reached.
LAMM LUMBER COMPANY %1363,
The C. 1. 9. contends that the petition of the A. F. L. was not timely,
since it was filed subsequent to commencement of the 60-day automatic
renewal period provided for in the contract. The contention of the
C. I. 0. would have merit if the contract had, in fact, been permitted
to' renew itself automatically .3 However, we are of the opinion, as
contended by the Company, that the contract was not automatically
renewed, but that according to its terms, it had terminated on April 1,.
1944, since no new agreement was reached following notice by the
C. I; 0. that it desired to negotiate changes in the-existing contract.
Assuming, as the C. I. 0. further contends, that a reasonable inter-
pretation of the contract makes it mandatory upon the parties to meet
in negotiations before the contract can become null and void because
of a failure to reach an agreement, and that it meanwhile continues in
effect, the contract would have now become one of'inddfinite duration,,
and, as such, could not operate to bar" the instant proceeding.4' Ac-
cordingly, we find that the contract does not preclude a present deter-
mination of representatives. - - ,
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the A. F. L:represents a substantial number of em-
ployees in the unit hereinafter found appropriate.5
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
The parties are generally agreed that the appropriate unit should
cover all production and maintenance employees of the Company at,its
Modoc Point plant, including the bull cook, the cook ,6 waitresses, and
watchmen,7 but excluding clerical and supervisory employees. They
are in disagreement, however, concerning certain store employees.
The Company operates a general merchandising store, at which it'
employs a manager and two clerks. The parties are agreed and we
find that the manager should be excluded from the unit. The Com-
pany and the C. I. 0. contend that the clerks should also be excluded,
but the A. F. L. contends they should be included. It does not appear
that the clerks are engaged'in functions other than those usually per-
See Matter of Mill B ., Inc, 40 N L. R. B. 346.
See Matter of Phelps Dodge Reflnan Corporation, 40 N. L. R. B. 1159 ; Matter of
Allegheny Ludlum 'Steel Corporation , 40 N L R. B 1285
S The Field Examiner reported that the A. F. L submitted a petition bearing signatures
of 58 persons , all of which appeared genuine; that the navies of 49 persons appearing on
the petition were listed on the Company's pay roll of March 31, 1944 ; that the signatures
were dated March and April 1944, and that there are 166 employees in the unit
The C. I 0 relies upon its contract to establish its interest in the proceeding.
6 Upon the basis of an understanding that the cook had no authority to effect changes in
the status of employees or to make effective recommendations in that regard , the parties
agreed to his inclusion.
7 The watchmen are neither armed nor militarized.
1364 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD
formed by such employees. - We are of the opinion that their interests
differ from those of the production and maintenance employees, and
accordingly, we shall exclude the clerks from the unit.'
We find that all production and maintenance employees of the
Company at its Modoc Point plant, including the bull cook, cook, wait-
resses, and watchmen, but excluding store employees, clerical em-
ployees, and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees,,or effectively recommend such action, constitute a unit appro-
priate 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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the invest;gation to ascertain representa-
tives for the purposes of collective bargaining with Lamm Lumber
Company, Modoc Point, Oregon, 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 Nineteenth Region, acting in this
matter 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
8 See Matter of Potlatch Forests, Inc, 55 N L . R. B. 255.
LAMM LUMBER COMPANY 1365
and, have, not been rehired or reinstated prior to the date of the elec-
tion, to determine whether they desire to be represented by Lumber
and Sawmill Workers Union,.afliliated with the American Federation
of Labor, or by International Woodworkers of America, Local 6-12,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining, or by neither.