White River Lumber Company

National Labor Relations Board - Board Decisions

Jun 14, 1939

13 N.L.R.B. 253 (N.L.R.B. 1939)

In the Matter of WHITE RIVER LUMBER COMPANY and SAWMILL AND
TIMBER WORKERS UNION, LOCAL No. 157, AFFILIATED WITH THE
INTERNATIONAL WOODWORKERS OF AMERICA
Case No. B-1330.-Decided June, 14, 1939
Lumber Industry Investigation of Representatives : controversy concerning
representation of employees : rival organizations ; refusal to bargain because of
contract with one of rival organizations recognizing , it as representative of its
members ; substantial doubt as to majority status-Contract : terminable by
giving 60 days' written notice, by either party ; no assertion as being bar to present
proceedings-Unit Appropriate for Collective Bargaining : production and main-
tenance employees excluding clerical and supervisory employees , truck drivers,
and employees in the shingle mill; agreement as to-Representatives : eligibility
to participate in choice : those employees whose employment was terminated
because of a curtailment in operations who have been reemployed-Election
Ordered-Certification of Representatives.
Mr. Thomas P. Graham, Jr., for the Board.
Mr. W. E. Heidinger, of Tacoma, Wash., for the Company.
Mr. John C. Stevenson, of Seattle, Wash., for the I. W. A.
Mr. L. Presley Gill, of Seattle , Wash., for the Sawmill Union.
Mr. Edwin L. Swope, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 30, 1938, Sawmill and Timber Workers Union, Local
No. 157, affiliated with the International Woodworkers of America
(C. I. 0.), herein called the I. W. A., filed with the Regional Director
for the Nineteenth Region (Seattle, Washington) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of White River Lumber Company, Enumclaw,
Washington, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On February 20, 1939, 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
Regulations-Series 1, as amended, ordered an investigation and au-
13 N. L. R. B., No. 30.
253
254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On March 15, 1939, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the I. W. A.,
and upon the Lumber & Sawmill Workers' Union, Local 2503, char-
tered by the United Brotherhood of Carpenters and Joiners of Amer-
ica, affiliated with the American Federation of Labor, herein referred
to as the Sawmill Union, a labor organization claiming to represent
employees directly affected by the investigation. Copies were also
served upon International Brotherhood of Teamsters, Chauffeurs,
Stablemen & Helpers of America, Local 174, and upon Shingle Weavers
Union Local 2207. Pursuant to the notice, a hearing was held on
Marcli 27 and 28, 1939, at Enumclaw, Washington, before Thomas S.
Wilson, the Trial Examiner duly designated by the Board. The
Board, the Company, the I. W. A., and the Sawmill Union were repre-
sented by counsel and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce 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
I. THE BUSINESS OF THE COMPANY
White River Lumber Company, a Washington corporation, is en-
gaged in the manufacture of lumber, with its principal office and place
of business at Enumclaw, Washington. The Company obtains most
of its raw materials within the State of Washington, but ships approxi-
mately 75 per cent of its finished products outside the State of Wash-
ington. The total value of the sales made by the Company during
1938 amounted to approximately $1,800,000.
The Company admits that it is engaged in interstate commerce.
II. THE ORGANIZATIONS INVOLVED
Sawmill and Timber Workers Union, Local No. 157, chartered by
the International Woodworkers of America, affiliated with the Com-
mittee for Industrial Organization, is a labor organization admitting
to membership production and maintenance workers of the Company.
Lumber & Sawmill Workers' Union, Local 2503, chartered by the
United Brotherhood of Carpenters and Joiners of America, affiliated
with the American Federation of Labor, is a labor organization also-
WHITE RIVER LUMBER COMPANY 255
admitting to membership production and maintenance workers of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to 1935 a Federal Union, chartered by the American Federa-
tion of Labor, was organized among the Company's employees. In
April 1935 this Union was succeeded by the Sawmill Union and
shortly thereafter the Company entered into a collective bargaining
contract with it. This contract, with modifications, was renewed in
1937 and 1938. The 1938 contract is now in force, and is subject to
termination only by either party giving 60 days' written notice of its
intention of terminating it. Under the terms of this agreement the
Company recognizes the Sawmill Union as the representative of its
members for the purposes of collective bargaining. There is no asser-
tion that the contract constitutes a bar to the present proceedings.
On December 21, 1938, at a meeting held by the Sawmill Union,
about 200 members who were present voted to change its affiliation
from the American Federation of Labor to the Committee for Indus-
trial Organization, and the I. W. A. was organized. Thereafter a
large number of Sawmill Union members joined the I. W. A. This
action did not dissolve the Sawmill Union, however, as it has continued
in existence and holds regular meetings. On December 22, 1938, the
I. W. A. notified the Company of the change in membership from the
Sawmill Union to the I. W. A., and asserted that it was the successor
to the Sawmill Union as a party to the contract. However, when the
I. W. A. requested the Company to bargain with it on December 27,
the Company stated in substance that it was unable to do so because
of its contract with the Sawmill Union.
We find that a question has arisen concerning 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
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.
V. THE APPROPRIATE UNIT
The I. W. A., the Sawmill Union, and the Company agreed at the
hearing that the unit should be composed of the Company's production
256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and maintenance employees excluding supervisory and office em-
ployees, truck drivers, and employees in the shingle mill. A list of
the Company's employees who were on its December 1938 pay roll was
submitted in evidence. This list separates from the other employees,
the supervisory and office employees, those on leave because of injury
or sickness, and those employees whose employment with the Company
was terminated during December 1938. All the parties agree that all
the employees classified as office or supervisory employees on the list,
except Erick Kvamme, who is no longer a supervisor, should be ex-
cluded from the unit and that the employees described as being on
leave of absence because of injuries or sickness should be included.
The parties also agree that the following employees whose names
appear on the list should be excluded from the unit : C. W. McFarland,
Willis H. Over, Berthal R. Hash, Albert S. Hubert, Emmett E. John-
son, George P. Collins, Harold Oliver, Arleigh G. Hall, John G. Nay-
lor, Ralph E. Summers, and Carl A. Knoll.
In our determination of the appropriate unit, we shall adopt the
above agreements entered into by both unions as we see no reason for
departing from them.
The I. W. A. contends that the following employees should not be
included in the unit, apparently because they are members of the
survey or engineering crew and the I. W. A. considers their duties to
be technical in nature : Edwin T. Miller, L. E. Tucker, Van B. Madden,
Monte C. Rode, Robert H. Caldwell, Michael Wytko, Archie Hansen,
A. W. Rosenberg, Lawrence Larson, Alfred J. Dean, and E. A. Braa.
The Sawmill Union agrees to the exclusion of Tucker and Madden,
who are supervisors, and also agrees to the exclusion of Miller if the
record shows that he is a supervisor. The Sawmill Union contends
that the rest should be included in the unit. The Company contends
that they all should be included in the unit. The record shows that
Miller is a "party boss" and it also shows that Rode is a "straw boss."
Inasmuch as both unions agree that Tucker and Madden should be
excluded, we will exclude them, and we will also exclude Miller and
Rode because the record indicates that they are supervisors. The evi-
dence in the record with regard to the duties of Caldwell, Wytko,
Hansen, Rosenberg, Larson, Dean, and Braa fails to convince,us, how-
ever, that their economic interests and relations with the Company
are on a plane apart from that of the other employees in the unit, and
we shall therefore include them in the unit.
The I. W. A. contends that P. G. Rowan, who is described by the
Company as a shop inspector and whose duties are to grade the shop
lumber and inspect the "railroad cutting material," should be excluded
from the unit. The Sawmill Union contends that he should be
included. There is no convincing showing that Rowan's duties are
WHITE RIVER LUMBER COMPANY 257
such that he should be excluded from the unit, and we shall include
him.
We find that all the production and maintenance employees of the
Company, including Robert H. Caldwell, Michael Wytko, Archie
Hansen, A. W. Rosenberg, Lawrence Larson, Alfred J. Dean, E. A.
Brea, and P. G. Rowan, but excluding office and supervisory employees,
truck drivers, employees in the shingle mill, and the following em-
ployees : C. W. McFarland, Willis H. Over, Berthal R. Hash, Albert
S. Hubert, Emmett E. Johnson, George P. Collins, Harold Oliver,
Arleigh G. Hall, John G. Naylor, Ralph E. Summers, Carl A. Knoll,
Edwin T. Miller, L. E. Tucker, Van B. Madden, and Monte C. Rode,
constitute a unit appropriate for the purposes of collective bargaining
and that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and will otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
As stated above, a list of the Company employees who were on its
December 1938 pay roll was introduced in evidence. This list contains
the names of 616 employees in the appropriate unit. All the parties
agreed that this list should be used as a basis for the determination of
the representative of the employees.
The I. W. A. submitted in evidence a petition signed by 456 persons
designating it as their bargaining agent, 450 membership application
cards signed by persons who had later signed the petition, and 76
cards signed by persons who had not signed the petition. Most of the
names were signed on the petition and cards between December 22,
1938, and February 15, 1939. A comparison of the names on the peti-
tion and cards submitted by the I. W. A. and the Company's list of
employees shows that 438 employees whose names appear on the
petition and application cards were employed by the Company within
the appropriate unit during December 1938.
The Sawmill Union introduced in evidence a list of 553 employees
claimed by it to be members in good standing of its organization. A
comparison of this list with the petition and membership cards intro-
duced by the I. W. A. shows that a substantial number of employees in
the appropriate unit are claimed to be members of both of these l abor
organizations. We find that an election by secret ballot is necessary
to resolve the question concerning representation.
There arose in connection with the discussion of the eligibility
date disagreement among the parties as to whether certain persons
whose employment with the Company was terminated during Decem-
ber 1938 should be allowed to participate in an election, should one be
held. The I. W. A. contends that all the employees whose employment
258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was terminated during December 1938, except those who voluntarily
quit, should be permitted to participate in the selection of the bar-
gaining agent. The Sawmill Union and the Company contend that
only those who have been reemployed or who are considered by the
Company to be prospective employees, who are very likely to be
rehired, should be allowed to vote.
The record shows that during December 1938 the employment of a
number of employees was terminated. A few of these employees quit
their jobs, but the employment of most of them was terminated by
the Company because of a curtailment in operations. A list of these
employees, prepared by the Company and submitted in evidence, de-
scribes their employment as having been "permanently terminated"
in December. At the hearing the Company's superintendent described
the employment of these employees, except for a few who had been
rehired since December or who were considered likely to be rehired if
operations were increased, as having been "definitely terminated."
Since there is nothing in the record to show that these employees were
merely laid off temporarily, we do not believe that any of them can be
considered to be employees of the Company until they have actually
been reemployed. Accordingly, we shall consider as eligible to vote
only such of these employees as have been reemployed by the Com-
pany at the time of the election.
Since all the parties so agree, we shall permit L. 0. West, Lorne J.
Maris, and Maurice Marty, employees who were on leave of absence
on account of injury or sickness during December 1938, to participate
in the election.
We shall, accordingly, direct that an election be conducted among
all the employees in the appropriate unit who were on the pay roll of
the Company during December 1938, including employees who did not
work during December 1938 because they were ill or on vacation, and
excluding those who have since quit or been discharged for cause,
except that employees whose employment was terminated in December
1938 and who have been reemployed by the Company at the time of
the election shall also be eligible to vote.
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 repre-
sentation of employees of White River Lumber Company, Enumclaw,
Washington, within the meaning of Section 9 (c) and Section 2 (6)
mnd (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company,
including Robert H. Caldwell, Michael Wytko, Archie Hansen, A. W.
Rosenberg, Lawrence Larson, Alfred J. Dean, E. A. Braa, and P. G.
WHITE RIVER LUMBER COMPANY 259
Rowan, but excluding clerical and supervisory employees, truck drivers,
and employees in the shingle mill, and the following employees : C. W.
McFarland, Willis H. Over, Berthal R. Hash, Albert S. Hubert, Em-
mett E. Johnson, George P. Collins, Harold Oliver, Arleigh G. Hall,
John G. Naylor, Ralph E. Summers, Carl A. Knoll, Edwin T. Miller,
L. E. Tucker, Van B. Madden, and Monte C. Rode, 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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with White River Lumber Company, Enumclaw , Washington, an
election by secret ballot shall be conducted within twenty (20) 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, Section 9, of said Rules and Regulations , among the
employees of the Company who were on its December 1938 pay roll,
including those employees listed in Appendix A, and excluding clerical
and supervisory employees, those employees listed in Appendix B, and
those who have quit or been discharged for cause since December 1938,
(except that employees whose employment was terminated in Decem-
ber 1938 and who have been reemployed by the Company at the time
of the election shall also be eligible to vote), to determine whether they
desire to be represented by Sawmill and Timber Workers Union, Local
No. 157 , chartered by the International Woodworkers of America,
affiliated with the Committee for Industrial Organization , or by Lum-
ber & Sawmill Workers' Union , Local 2503, chartered by United
Brotherhood of Carpenters and Joiners of America , affiliated with
the American Federation of Labor, for the purposes of collective
bargaining , or by neither.
APPENDIX A
Erick Kvamme
L. O. West
Lorne J. Maris
Maurice Marty
Robert H. Caldwell
Michael Wytko
Archie Hansen
A. W. Rosenberg
Lawrence Larson
Alfred J. Dean
E. A. Braa
P. G. Rowan
260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
_ APPENDIX B
Edwin T. Miller
L. E. Tucker
Van B. Madden
Monte C. Rode
C. W. McFarland
Willis H. Over
Berthal R. Hash
Albert S. Hubert
Emmett E. Johnson
George P. Collins
Harold Oliver
Arleigh G. Hall
John G. Naylor
Ralph E. Summers
Carl A. Knoll
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Direction of Election.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
July 19, 1939
On June 14, 19391 the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled case. The Direction of Election provided that an election
by secret ballot be conducted within twenty (20) days from the date
of the Direction among the employees of White River Lumber Com-
pany, herein called the Company, in the unit found by the Board to
be appropriate, who were on the Company's December 1938 pay roll,
excluding those who had quit or been discharged for cause since
December 1938 (except that those employees whose employment was
terminated in December 1938 and who had been reemployed by the
Company at the time of the election were eligible to vote) to deter-
mine whether or not they desired to be represented by Sawmill and
Timber Workers Union, Local No. 157, chartered by the Interna-
tional Woodworkers of America, affiliated with the Committee for
Industrial Organization, or by Lumber & Sawmill Workers' Union,
Local 2503, chartered by United Brotherhood of Carpenters and
Joiners of America, affiliated with the American Federation of Labor,
for the purposes of collective bargaining, or by neither.
Pursuant to the Direction of Election, an election by secret ballot
was conducted among the above-described employees of the Company
under the direction and supervision of the Regional Director for the
Nineteenth Region (Seattle, Washington). On June 30, 1939, the
Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, issued an Intermediate Report on the election, copies of
WHITE RIVER LUMBER COMPANY 261
which were duly served upon the parties. No objections or excep-
tions to the Intermediate Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total Number Eligible to Vote----------------------------- 630
Total Number of Ballots Cast------------------------------ 603
Total Number of Votes for Sawmill and Timber Workers
Union, Local No. 157, I. W. A--------------------------- 359
Total Number of Votes for Lumber and Sawmill Workers
Union, Local 2503, A. P. L------------------------------ 235
Total Number of Votes for Neither of the Above Organi-
zations ------------------------------------------------ 6
Total Number of Blank Votes----------------------------- 0
Total Number of Void Ballots----------------------------- 0
Total Number of Challenged Votes------------------------ 3
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-
Series 2,
IT IS HEREBY CERTIFIED that Sawmill and Timber Workers Union,
Local No. 157, chartered by the International Woodworkers of
America, affiliated with the Committee for Industrial Organization,
has been designated and selected by a majority of all the production
and maintenance employees of White River Lumber Company includ-
ing Robert H. Caldwell, Michael Wytko, Archie Hansen, A. W. Rosen-
berg, Lawrence Larson, Alfred J. Dean, E. A. Braa, and P. G. Rowan;
but excluding office and supervisory employees, truck drivers, em-
ployees in the shingle mill, and the following employees : C. W. Mc-
Farland, Willis H. Over, Berthal R. Hash, Albert S. Hubert, Emmett
E. Johnson, George P. Collins, Harold Oliver, Arleigh G. Hall,
John G. Naylor, Ralph S. Summers, Carl A. Knoll, Edwin T. Miller,
L. E. Tucker, Van B. Madden, and Monte C. Rode, as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
the provisions of Section 9 (a) of the National Labor Relations Act,
Sawmill and Timber Workers Union, Local No. 157, chartered by the
International Woodworkers of America, affiliated with the Commit-
tee for Industrial Organization, 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.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Certification of Representatives.
13 N.L.R B,No.30a
18T930-39-vol. 13--18