Jones Lumber Co.

National Labor Relations Board - Board Decisions

Oct 27, 1939

16 N.L.R.B. 568 (N.L.R.B. 1939)

In the Matter Of JONES LUMBER COMPANY and LUMBER AND SAWMILL
WORKERS UNION, LocAL No. 2877, CHARTERED BY UNITED BROTHER-
HOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
Case No. R-1148
SECOND SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October ^?7, 1939
On April 11, 1939, 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 directed that an
election by secret ballot be conducted within twenty (20) days from
the date of the Direction of Election among all plant and production
employees employed by Jones Lumber Company during the pay-roll
period next preceding the date of said Direction of Election, excluding
office employees, foremen, and other supervisory employees, to deter-
mine whether they desired to be represented by Lumber and Sawmill
Workers Union, Local No. 2877, chartered by United Brotherhood
of Carpenters and Joiners of America, herein called Local No. 2877,
affiliated with the American Federation of Labor, or by Lumber and
Sawmill Workers Union, Local No. 3, International Woodworkers
of America, herein called Local No. 3, affiliated with the Committee
for Industrial Organization, for the purposes of collective bargain-
ing, or by neither.
Pursuant to the Direction, an election by secret ballot was con-
ducted on April 28, 1939, under the direction and supervision of the
Regional Director for the Nineteenth Region (Seattle, Washington).
On May 23, 1939 the said Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, issued and duly served upon the
parties an Intermediate Report upon the secret ballot. Thereafter
Local No. 2877 duly filed exceptions to the Intermediate Report.
112 N. L. R. B. 209.
16 N. L. R. B., No. 58.
568
JONES LUMBER COMPANY 569
On August 29, 1939, the Board issued its Supplemental Decision
and Supplemental Direction 2 in which it found that Frank Stewart,
Joe Lombardi, Paul Stier, and J. A. Johnston, employees found
ineligible by the Regional Director, were eligible to vote, and directed
the Regional Director to open and count the ballots of said em-
ployees,-' and serve upon the parties an Amended Intermediate Report
embodying his findings thereon and his recommendations as to the
results of the secret ballot.
Pursuant to the Supplemental Direction, the ballots of the afore-
mentioned employees were opened and counted on September 2, 1939,
under the direction and supervision of the Regional Director and in
the presence of authorized observers. All were cast in favor of Local
No. 2877. On September 6, 1939, the Regional Director, acting pur-
suant to Article III, Section 9, of said Rules and Regulations-Series
2, issued and duly served upon the parties his Supplemental Election
Report.
As to the balloting and its results, the Regional Director reported,
as follows :
Total number of eligible voters------------------------------ 159
Total number of ballots cast -------------------------------- 159
Total number of valid ballots cast ---------------------------- 159
Total number of votes in favor of Lumber and Sawmill
Workers' Union, Local No. 2877, chartered by United Brother-
hood of Carpenters and Joiners of America---------------- 80
Total number of votes in favor of Lumber and Sawmill
Workers' Union , Local No. 3 , International Woodworkers
of America ----------------------------------------------- 78
Total number of votes in favor of neither -------------------- 1
Total number of blank ballots------------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of eligible voters not voting---- ---------------- 0
On September 12, 1939, Local No. 3 filed objections to the Supple-
mental Report of the Regional Director on the grounds that (1) the
afore-mentioned employees are employed by the Jones Lumber Com-
pany in a, supervisory capacity with power to hire and discharge
employees, (2) the employees of the Company had been subjected
to coercion, threats of boycott, and threats of losing their jobs for
2 years prior to the election, and (3) the Board should refrain from
making any certification until the employees were in a position to
express their choice without being subjected to coercive threats of
boycott. On October 3, 1939, the Regional Director, acting pursuant,
to Article III, Section 9, of said Rules and Regulations-Series 2,
issued and duly served upon the parties his report on objections
raised to Supplemental Election Report in which he recommended
214 N. L. R. B. 1179.
In his intermediate Report the Regional Director ruled that Phil Harris and G. W.
McEachran , two other employees challenged at the election , were eligible to vote but did
not open their ballots because they would not affect the outcome of the election. In its
Supplemental Decision and Supplemental Direction the Board directed the Regional
. Director to open these ballots.
570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the objections be overruled. The board has considered the ob-
jections filed by Local No. 3 to the Supplemental Election Report
and finds that they do not raise substantial and material issues with
respect to the conduct of the ballot.' Accordingly, the objections are
overruled.
By virtue of- and pursuant to the power vested in the National
Labor Relations Board by Section 9 of the National Labor Relations
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 Lumber and Sawmill Workers Union,
Local No. 2877, chartered by United Brotherhood of Carpenters and
Joiners of America, affiliated with the American Federation of Labor,
has been designated and selected by a majority of the plant and pro-
duction employees of Jones Lumber Company excluding office
.employees, foremen, and other supervisory employees as their repre-
:sentative for the purposes of collective bargaining, and pursuant to
Section 9 (a) of the Act, Lumber and Sawmill Workers Union, Local
No. 2877, chartered by United Brotherhood of Carpenters and Joiners
of America, affiliated with the American Federation of Labor, 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.
` See footnotes 1 and 2 supra.