Portland Lumber Mills

National Labor Relations Board - Board Decisions

Jun 10, 1944

56 N.L.R.B. 1336 (N.L.R.B. 1944)

In the Matter of PORTLAND LUMBER, MILLS and LOCAL UNION 5-3,
INTERNATIONAL WOODWORKERS OF AMERICA, CIO
Case No. 19-R-1323.-Decided June 10, 1944
Messrs. Robert L. Sabine, G. A. Robertson, and Lee Hubbard, of
Portland, Oreg., for the Company.
Messrs. Geo. Brown and A. F. Hartung, of Portland, Oreg., for the
CIO.
Mr. Geo. E. Flood, of Seattle, Wash., for the AFL.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local Union 5-3, International Wood-
workers of America, CIO, herein called the C. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Portland Lumber Mills, Portland, Oregon, 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 Portland,'Oregon, on May
10, 1944. The Company, the C. I. 0., and Local 2880, Lumber and Saw-
mill Workers Union, United Brotherhood of Carpenters & Joiners of
America, AFL, herein called the AFL, 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. The AFL has
moved for dismissal of the petition. For reasons stated more fully
below, the motion is denied. The AFL desires to argue orally before
the Board at Washington, D. C. The request is denied:
56 N. L. R. B., No. 237.
1336
it
PORTLAND LUMBER MILLS 1337
Upon,the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Portland Lumber Mills, an Oregon corporation, is engaged in the
manufacture and sale of lumber and lumber products at Portland,-
Oregon, where it maintains its mills. _
All of the Company's raw material, consisting mainly of logs, is
obtained within the State of Oregon. The annual output of finished
lumber by the Company is valued at $1,600,000. Seventy-five percent'
of this total is shipped outside the State of Oregon.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local Union 5-3, International Woodworkers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
Local 2880, Lumber and Sawmill Workers Union, United Brother-
hood of Carpenters & Joiners of America, affiliated with the American
Federation of Labor, is -a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION`
The Company has refused to grant recognition to the C. I. O. as the
exclusive bargaining representative of certain of the Company's em-
ployees. The Company and the AFL assert that an existing contract
constitutes a bar to this proceeding.
Since May 3, 1940, the AFL and the Company have been parties
to an automatically renewable annual contract covering the employees
whom the C. I.. O. seeks to represent. The contract, as amended, con-
tains a clause requiring that notice of desired change or termination
be given at least 30 days prior to the annual anniversary date of the
contract. Under that provision, the contract would have become auto-
matically renewed on May 3, 1944, for another year unless appropriate
notice was given by April 3,1944. The C. I. O. has never directly noti-
fied the Company of its representation claims. However; on April 1,
1944, the C. I. O. filed with the Regional Office a petition for investiga-
tion and certification of representatives under Section 9 (c) of the
Act.
1338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
While we are of the opinion that direct Iiotification to an employer
by a labor organization of its representation claim within the period
provided by an existing contract covering the employees in question
would be highly desirable, we are also of the opinion that the timely
filing of a petition under Section 9 of the Act is sufficient to prevent
an automatic renewal of an existing contract from constituting a bar
to dour investigation and certification of representatives.) We find,
therefore, that the contract in this case does not constitute a bar to
this proceeding. -
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents 'a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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 substantial agreement with a stipulation of all, the
parties, that all production, maintenance and construction employees
of the Company at its Portland Mills; excluding office and clerical
employees and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the, mesin-
ing 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
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the 'Direction of Elec-
tion 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 3,,it is hereby,
See Matter of Mill B, Inc., et al, 40 N. L. R. B. 346.
s The Field Examinei reported that the C . I. O. submitted 47 designations , 46 of which
bore the names of persons appearing on the Company's pay roll of April 3 , 1944, which
contained the names of 101 employees in the appropriate unit
The AFL points to its contract as evidencing its interest in the employees involved.
PORTLAND LUMBER MILLS 1339
DIRECTED-that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Portland Lumber
Mills, Portland , 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, Sec-
tions 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 the 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 and have not been rehired or
,reinstated prior to the date of the election , to determine whether they
desire to be represented by Local Union 5-3, International Wood-
workers of America, affiliated with the Congress of Industrial Organi-
zations, or by Local 2880, Lumber and Sawmill Workers Union, United
Brotherhood of Carpenters & Joiners of America, affiliated with the
American Federation of -Labor, for the purposes of collective
bargaining , or by neither.
MR. GERAIr D. REILLY took no part in the consideration of the above
Decision and Direction of Election.