Tobin v. Promersberger

104 F. Supp. 314, 1952 U.S. Dist. LEXIS 4314
CourtDistrict Court, D. Minnesota
DecidedMarch 31, 1952
DocketCiv. Nos. 973, 999, 993
StatusPublished
Cited by3 cases

This text of 104 F. Supp. 314 (Tobin v. Promersberger) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tobin v. Promersberger, 104 F. Supp. 314, 1952 U.S. Dist. LEXIS 4314 (mnd 1952).

Opinion

NORDBYE, Chief Judge.

The above cases have been consolidated for trial and submitted to the Court for decision without a jury. The facts are stipulated. In each case the defendant or defendants operate a logging camp in northern Minnesota. These camps consist of bunkhouses, cookhouse, barns, machine sheds, offices, and other similar structures required by logging camps. Water wells, electrical equipment, and machinery and tools required for logging operations are maintained at the camp. The cost to establish the Promersberger camp was approximately $82,000, the Johnson camp approximately $150,000, and the LaBounty camp approximately $50,000. Each defendant employs men called piece cutters, skidders, teamsters, and truck drivers to fell, limb, buck, pile, skid, load, and haul the timber and pulpwood which defendants’ operations remove from the forests. They perform their work outside the camps. But the stipulation indicates that all of these workers live at the camp either in the bunkhouses or in other accommodations made available to them by defendants. The overwhelming number of them also eat their meals at the cookhouse. Breakfast is served between 6:30 A.M. to 7:00 A.M. Breakfast is eaten in about a half hour’s time. The men are awakened by the cookhouse horn about fifteen minutes before breakfast is re-ady. The workers return to the cookhouse from the forest for their noon meal unless the distance is too great or the weather is bad. If the distance or the weather prevent the return for the noon meal, it is sent to them in the forest from the cookhouse or the men take their meal with them in the morning from food provided by the cookhouse. Supper is [315]*315served about 5:00 P.M. or 6:00 P.M. A few of the workers cook their own meals at quarters made available to them by defendants. The pulpwood, lumber, or mining timbers which defendants’ employees fell, etc., is hauled to the respective paper, mining, or box company with which the particular defendant has a contract, and these companies process it and ship, deliver, and sell a substantial portion of the processed product in interstate commerce. Defendants have known this at all times relevant to this proceeding, and they concede for the purposes of this action that the activities of all the above employees who perform logging and timber operations constitute the production of goods for commerce within the meaning of the Fair Labor Standards Act, as amended, 29 U.S. C.A. § 201 et seq.

Among the defendant Promersberger’s employees at the camp are a cook, a cookee, a bull cook, a barn boss, a watchman, and a clerk. Defendant Johnson’s camp employees include a cook, a cookee, and a bull cook. Defendant LaBounty’s camp employees include a cook and a bull cook. In the Promersberger camp the cook prepares all meals — breakfast, lunch, supper, and evening snacks- — and works between the hours of approximately 5:00 A.M. and 7:30 P.M., with certain hours off in between. He supervises the cookee and bull cook and keeps track of their time. He can allow them overtime. He oversees the kitchen and the mess hall, which, together with the cook’s living quarters, comprise the cookhouse.

The cookee' at the Promersberger camp is the assistant cook. He peels potatoes and other vegetables and carries out the duties assigned to him by the cook. He sets the tables for meals and evening snacks, serves the food to the men, washes the dishes and containers, cleans the dining tables, benches, and work table, and sweeps and mops the cookhouse daily.

The bull cook works under the cook’s supervision. He splits wood for fuel, fires and checks all camp heating stoves, pumps and carries all water consumed in the cookhouse, bunkhouses, and office, and performs all housekeeping duties, including such chores as- sweeping and mopping floors, removing ashes, and cleaning spittoons. He keeps the bunkhouses clean and assists the cook in cleaning the kitchen after ■ meals. He also keeps all camp lanterns in readiness in event of electric light and power plant failure, and he keeps the light and power plant filled with gas and oil. That plant furnishes electrical power for the camp and for the machinery used to sharpen the axes, drills, and other equipment used in the production of timber and pulpwood.

The barn boss performs all activities in caring and feeding the horses used in the operation. He also repairs harness and hitching equipment and is in charge of the barn where the equipment used in skidding and other logging operations . is stored.

The watchman guards the buildings and equipment at night against fire and other hazards. In cold weather he makes the rounds every half hour and keeps the heating stove fired. He also checks the horses in the barn during the night and splits wood. At times he helps the bull cook. In the morning he carries fresh water to the bunkhouses and cookhousei

The clerk maintains camp records. These records include production records, time cards, wage records, and commissary records. He has charge of the camp store, maintains an inventory of camp equipment, orders gasoline, oil, axes, saws, ropes, cables, and other logging equipment. He makes out all reports, including social security, income tax, etc., and purchases food and kitchen supplies requested by the cook. .

In the Johnson camp the duties of the cook, cookee, and bull cook are essentially like those of the cook, cookee, and bull cook in the Promersberger camp, except that the bull cook in the 'Johnson camp does not keep the power plant filled with gas and oil. The duties of the cook in the LaBounty camp are essentially like those of the other camps, but the bull cook apparently performs the duties of both the cookee and the bull cook of the other camps, and he does not keep the power plant supplied with fuel.

Practically all of the defendants’ operations are carried on from their respective [316]*316camps. The stipulation indicates that all the above noted workers live there, and the overwhelming number eat at the cookhouse. A few'cook their own meals. The camps are substantial distances from town, and during the so-called ice and snow hauling season of December to March, the logging roads from camp to town as well as the forestry roads and state roads to town are blocked with snow several times each month. Up to forty-eight hours often are required to open those roads. For several months after March (during the “breakup” when the snow is melting and the ground is soft) the camps usually suspend operations, and the .roads are difficult to traverse because of their condition. But the camps usually begin to operate again thereafter on a limited scale for the felling, limbing, bucking, etc., of the timber. Most of the felling, piling, and cutting occurs from about October to March. The hauling is done principally during the ice and snow hauling season over the frozen roads and trails. So except for a period of about two months, the camps tend to operate the entire year. When the roads are not blocked, the employees obtain transportation to town upon defendants’ vehicles. Only a very small percentage of employees possess their own vehicles. The Promersberger camp is 18 miles from Littleford, Minnesota, and 15 miles from Big Falls, Minnesota. The Johnson camp is I8V2 miles from Ely, Minnesota, and the LaBounty camp is 25 miles from Ely and 65 miles from Two Harbors, Minnesota.

Many employees work five days each week, but the cookhouse operates and the cookhouse employees work seven days per week because those employees who do not leave the camp must be fed.

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Related

Mitchell v. Molton, Allen & Williams, Inc.
192 F. Supp. 3 (N.D. Alabama, 1961)
Tobin v. Union Nat. Bank
112 F. Supp. 702 (E.D. Arkansas, 1953)

Cite This Page — Counsel Stack

Bluebook (online)
104 F. Supp. 314, 1952 U.S. Dist. LEXIS 4314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tobin-v-promersberger-mnd-1952.