Algoma Lumber Co.

National Labor Relations Board - Board Decisions

Jul 24, 1941

33 N.L.R.B. 775 (N.L.R.B. 1941)

In the Matter of ALGOMA LUMBER COMPANY and LUMBER AND SAW-
MILL WORKERS UNION, LOCAL No. 2568 , CHARTERED BY UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA , AFFILIATED
WITH THE A. F. OF L.
In the Matter of ALGOMA LUMBER COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA , LOCAL 6-241, AFFILIATED WITH THE
C. I. O.
Cases Nos. 82291 and R-2292
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 24, 1941
On March 31, 1941, the National Labor Relations Board, herein
called the Board , issued a Decision and Direction of Elections in the
above-entitled proceeding ,' providing that elections by secret ballot
be conducted under the direction and supervision of the Regional
Director for the Nineteenth Region among those employees of Algoma
Lumber Company , Algoma , Oregon, who fall within the groups
described below :
(a) All maintenance and production employees at the Algoma
operation of the Company who were employed during the pay-roll
period immediately following April 1, 1941, including pond and slip
men, watchmen , employees who did not work during such pay-roll
period because they were ill or on vacation or absent because called
for military service, and employees who were then or have since been
temporarily laid off, but excluding company -store , restaurant, and
hotel employees , carpenters, supervisory personnel , and employees
who have since quit or been discharged for cause , to determine
whether they desire to be represented by Lumber and Sawmill Work-
ers Union , Local No . 2568, chartered by United Brotherhood of Car-
penters and Joiners of America, affiliated with the American Federa-
tion of Labor , or by International Woodworkers of America, Local
6-241, affiliated with the Congress of Industrial Organizations , for the
purposes of collective bargaining , or by, neither;
(b) All production and maintenance employees at the Fort
Klamath operation of the Company who were employed during the
132 N. L . R. B. 67.
33 N. L. R. B. No. 137.
775
776 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pay-roll period immediately following April 1, 1941, including watch-
men, employees who did not work during such pay-roll period because
they were ill or on vacation or absent because called for military ser-
vice, and employees who were then or have since been temporarily
laid off, but excluding supervisory and clerical employees and em-
ployees who have since quit or been discharged for cause to determine
whether or not they desire to be represented by International Wood-
workers of America, Local 6-241, affiliated with the Congress of In-
dustrial Organizations, for the purposes of collective bargaining.
Pursuant to the Direction of Elections elections by secret ballot
were conducted on April 28 and 29, 1941, under the direction and
supervision of the Regional Director for the Nineteenth Region
'(Seattle, Washington). On May 2, 1941, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued and
duly served upon the parties an Election Report on the ballot. No
objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Algoma operattion
Total on eligibility list----------------------------------- 254
Total votes in favor of Lumber and Sawmill Workers Union,
Local 2568------------------------------------------------ 85
Total votes in favor of International Woodworkers of America-
Local 6-241---------------------------------------------- 92
Total votes in favor of neither------------------------------- 59
Total on eligibility list not voting---------------------------- 18
Fort Klamath operation
Total on eligibility list-------------------------------------- 49
Total votes in favor of International Woodworkers of America,
Local 6-241---------------------------------------------- 37
Total votes opposed to International Woodworkers of America,
Local 6-241---------------------------------------------- 12
On May 22, 1941,'the Board issued a Supplemental Decision and
Second Direction of Election,2 directing that a run-off election be
held among the employees at the Algoma operation of the Company.
Pursuant to the Second Direction of Election an election by secret
ballot was conducted on June 5, 1941, under the direction and supervi-
sion of the Regional Director. On June 11, 1941, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties a Supplemental Election Report.
2 32 N. L. R. B. 67.
ALGOMA' LUMBER COMPANY 777
No objections'to the conduct of the ballot or the Supplemental Elec-
tion Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director *reported
as follows :
Algoma operation
Total on eligibility list------------------------- ------------- 238
Votes cast for Lumber and Sawmill Workers Union , Local 2568_ 120
Votes cast for International Woodworkers of America,
Local 6-241---------------------------------------------- 104
Total blank ballots----------------------------------------- 1
Total on eligibility list not voting --------------------------- 13
In its Decision and Direction of Elections the Board made no final
determination as to the appropriate unit or units for the purposes of
collective bargaining pending the election to be held among the
employees at the Fort Klamath operation. The Board stated that
if they chose the same representative as the employees of the Algoma
operation, they would together constitute an appropriate unit. If
they chose different representatives, they would then constitute sep-
arate appropriate units.
• Upon the basis of the entire record, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACTS
THE APPROPRIATE UNITS
We find that all production and maintenance employees at- the
Algoma operation of the Company, including pond and slip men and
watchmen, but excluding company-store, restaurant, and hotel em-
ployees, clerical employees, carpenters, and supervisory personnel,
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 otherwise effectuate the policies of the Act.
• We also find that all production and maintenance employees at the
Fort Klamath operation of the Company, including watchmen, but
excluding supervisory and clerical employees, constitute a unit appro-
priate 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 otherwise
effectuate the policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All production and maintenance employees at the Algoma op-
eration of the Company, including pond and slip men and watchmen,
'778 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
but excluding company-store, restaurant, and hotel employees, clerical
employees, carpenters, and supervisory personnel, constitute a unit
appropriate for' the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
2. All production and maintenance employees at the Fort Klamath
operation of the Company, including watchmen, but excluding super-
visory and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY CERTIFIED that Lumber and Sawmill Workers Union,
Local No. 2568, 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 all production and
maintenance employees at the Algoma operation of Algoma Lumber
Company, Algoma, Oregon, including pond and slip men and watch-
men, but excluding company-store, restaurant, and hotel employees,
clerical employees, carpenters, and supervisory personnel, as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the Act, Lumber and Sawmill Workers
Union, Local No. 2568, chartered by United Brotherhood of Carpen-
ters 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.
IT IS HEREBY CERTIFIED that International Woodworkers of America,
Local 6-241, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of all production and
maintenance employees at the Fort Klamath operation of Algoma
Lumber Company, Algoma, Oregon, including watchmen, but exclud-
ing supervisory and clerical employees, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, International Woodworkers of America, Local 6-241, af-
filiated with the Congress of Industrial Organizations, is the exclu-
sive 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.