Willamette Valley Lumber Co.

National Labor Relations Board - Board Decisions

Jul 31, 1943

51 N.L.R.B. 973 (N.L.R.B. 1943)

In the Matter Of WILLAMETTE VALLEY LUMBER COMPANY and IWA
LOCAL UNION No. 5-92, CIO
In the Matter Of WILLAMETTE VALLEY LUMBER COMPANY and IWA
LOCAL UNION No . 5-92, CIO
Cases Nos. 85605 and R-5606 respectively.Decided July 31, 1943
Mr. Grant T. Anderson, of Portland, Oreg., and Mr. William Swin-
dells, of Dallas, Oreg., for the Company.
Mr. Harry George, of Portland, Oreg., and Mr. Earl Harper, of
Willamina, Oreg., for the CIO.
Messrs. W. 0. Kelsay and Reese Wingard, of Eugene, Oreg., and
Mr. Kenneth Davis, of Portland, Oreg., for the Sawmill Workers.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon amended petitions duly filed by IWA Local Union No. 5-92,
CIO, herein called the CIO, alleging that questions affecting coin-
merce had arisen concerning the representation of employees of Wil-
lamette Valley Lumber Company, Black Rock and Dallas, Oregon,
herein called the Company,' the National Labor Relations Board pro-
vided for an appropriate consolidated hearing upon due notice before
John E. Hedrick, Trial Examiner. Said hearing was held at Salem,
Oregon, on June 30, 1943. The Company, the CIO, and the Sawmill
Workers Local Unions No. 2730 and No. 2714, A. F. of L., herein
collectively, called the Sawmill Workers, appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-ex-
amine 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.
1 The petition and other formal documents are hereby amended to set forth the name of
the Company as above, in accordance with testimony given at the hearing.
51 N. L. R. B, No. 152
973
974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Sawmill Workers made a motion at the hearing to dismiss
the petition. Ruling was reserved to the Board. The motion is hereby
denied for reasons hereinafter set forth.
All parties were afforded 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
Willamette Valley Lumber Company has its principal office at
Dallas, Oregon, and also maintains an executive office at Portland,
Oregon. The Company is engaged in the lumber business and oper-
ates logging camps at Black Rock and Lacomb, Oregon, and a lumber
mill at Dallas, Oregon. In this proceeding we are concerned only
with the Black Rock and Dallas operations of the Company. Eighty
percent of the output of the Black Rock logging operations goes
to the Dallas sawmill for manufacture, and 95 percent of the products
of the Dallas mill is shipped to points outside the State of Oregon.
The Company concedes that this 95 percent goes into interstate com-
merce.
II. THE ORGANIZATIONS INVOLVED
International Woodworkers of America, 'Local Union No. 5-92, is
a labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
Lumber and Sawmill Workers Local Unions No. 2730 and-No. 2714,
chartered by the United Brotherhood of Carpenters, and Joiners of
America, are labor organizations affiliated with the American Fed-
eration of Labor, admitting to membership employees of the Company.
III. TILE QUESTIONS CONCERNING REPRESENTATION
On August 22, 1941, the Company and the Sawmill Workers en-
tered into a contract of indefinite duration covering the Company's
Black Rock employees. The contract provided for termination on
30 days' notice by either party; it also provided for a closed shop. By
letter dated March 15, 1943, the CIO asserted a claim to represent a
majority of the Black Rock employees and requested the Company
to commence collective bargaining. The Company made no reply.
On March 19, 1943, the Company notified the Sawmill Workers that
it desired to terminate the original agreement 30 days after notifica-
tion and on April 3, 1943, the Company and the Sawmill Workers,
by agreement, renewed the contract of August 22, 1941. Since the
CIO gave notice of its representation claims before the execution of
WILLAMETTE VALLEY LUMBER COMPANY 975
the presently subsisting contract, that contract is no bar'to an investi-
gation of representatives.
On August 18, 1941, the Company and the Sawmill Workers signed
a contract for the Dallas sawmill employees similar to the contract
hereinbefore described, also containing a closed-shop provision, and
providing for termination on 30 days' notice.' On March 15, 1943, the
CIO sent the Company a letter claiming to represent a majority of
the Comp€ ny's Dallas sawmill employees and requesting the Company
to commence collective bargaining. The Company made no reply.
Inasmuch as the above contract is terminable upon 30 days' notice by
either party thereto, it is apparent that, in accordance with the Board's
settled policy, it does not constitute a bar to a present determination of
representatives herein.3
A statement of the Field Examiner introduced into evidence at the
hearing indicates that the CIO represents a substantial number of
employees in each of the units hereinafter found appropriate.4
We find.tbat questions affecting commerce have 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 UNITS
The CIO claims as appropriate for collective bargaining purposes,
two units, composed of the Company's "production, maintenance con-
struction, and transportation employees, excepting full-time super-
visory and clerical help," at its Black Rock Logging and Dallas saw-
mill operations, respectively. Both the Company and the CIO agree
with the Sawmill Workers' position.-' Since the proposed units con-
sist of dissimilar operations which together do not comprise the Com-
' On December 3, 1941, the Company, the Sawmill workers, and one Foster Holmes en-
tered into an agreement "subsidiary " to the above -described contract , which agreement
covered certain employees of the Company, known as the "Holmes Gang ," more fully
described in Section IV
8 Matter of American Coach & Body Co, 28 N L . R. B 508; Matter of Guistina Brothers
Lumber Company , ^a Trade Name , and George Gutistana, et al., 41 N . L R B 1243.
° The.-Field' Examiner reported that the CIO submitted 53 designations, of which 41,
bearing apparently genuine original signatures , correspond with names on the Company's
pay roll of May 1, 1943, containing 136 names within the unit of Black Rock employees,
requested by the CIO.
The Field Examiner reported that the CIO submitted 76 application-for-membership
cards, of which 70, bearing apparently genuine original signatures, correspond with names
on the Company's pay roll of May 21, 1943 , containing 283 names in the unit of Dallas
sawmill employees , requested by the CIO. The Field Examiner also stated that the CIO
submitted 120 petitions , of which 71 , bearing apparently genuine original signatures, cor-
respond with additional names on the aforesaid pay roll. The Field Examiner further
reported that the Sawmill workers submitted 325 application -for-membership cards, of
which 254 , bearing apparently genuine original signatures , correspond with names on this
same pay roll . Of these cards , all but 16 were dated prior to 1943.
S The Sawmill Workers Local Union No. 2730 seeks to represent the Black Rock em-
ployees, and Local Union No. 2714 seeks to represent the Dallas ,employees of the Company.
976 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
pany's entire operations, we find them appropriate for collective bar-
gaining in accordance with the agreement of the parties.
There is employed at the Company's Dallas operations a crew of
carpenters and millwrights known as the "Holmes Gang," who do con-
struction and maintenance work. The , Company claims that the
"Gang" are employees of one Holmes under whose supervision they
work. To support this contention the Company points out that Holmes
hires and discharges these workers, pays them their wages, and pays
Social Security taxes on their account. Although it appears that at
some time in the past the Holmes Gang performed services for other
companies,s testimony of the Company's witness indicates that for
at least the past 6 months the "Gang" has worked exclusively for the
Company. The Company concedes that Holmes is employed by it on
a salaried basis, and that it pays to him the money with which he
pays the wages of the "Gang." In addition, as stated above, the
Company entered into a collective bargaining agreement with the
Sawmill Workers, also signed by Holmes,.covering these employees.
Upon the basis of the foregoing facts we find that the "Holmes Gang"
are employees of the Company within the meaning of the National
Labor Relations Act.' Except for Holmes, a supervisory employee
having the power to hire and discharge, we shall include the "Holmes
Gang" as part of the Dallas unit.
In accordance with the foregoing and the agreement of the parties
we find that all production, maintenance, construction, and trans-
portation employees of the Company's Black Rock Logging opera-
tions, excluding clerical employees and the bull bucks, hook tenders,
wood superintendents, section foremen, grade foremen, and any other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action; and that all production, mainte-
nance, construction, and transportation employees of the Companys
Dallas sawmill, including the "Holmes Gang," but excluding Holmes,
the office and clerical employees, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute units 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 questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
The record does not disclose in what manner the Gang was remunerated, or by whom,
when it worked for other companies.
' See Matter of Veta Mines, Incorporated, 36 N. L. R B 288; Matter of R. A.-Blouht
et al, 37 N. L. R B 662, enf'd 131 F. (2d) 585 (C. C A. 8) ; Matter of Solvay Process Co.,
26 N. L. R. B. 650.
WILLAMETTE VALLEY LUMBER COMPANY 977
ployees in the appropriate units who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 repre-
sentatives for the purpose of collective bargaining with Willamette
Valley Lumber Company, Black Rock and Dallas, Oregon, separate
elections by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction, un-
der 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 10, of
said Rules and Regulations, among the employees in the units 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, to determine whether
the employees at the Company's Black Rock operations desire to be
represented by IWA Local Union No. 5-92, affiliated with the Con-
gress of Industrial Organizations, or by Lumber and Sawmill Work-
ers Local Union No. 2730, affiliated with the American Federation
of Labor, for the purposes of collective bargaining, or by neither;
and whether the employees at the Company's Dallas operations de-
sire to be represented by IWA Local Union No. 5-92, affiliated with
the Congress of Industrial Organizations, or by Lumber and Saw-
mill Workers Local Union No. 2714, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or
by neither.