Bloedel-Donovan Lumber Mills and Columbia Valley Lumber Company

National Labor Relations Board - Board Decisions

Apr 10, 1939

12 N.L.R.B. 177 (N.L.R.B. 1939)

In the Matter of BLOEDEL-DONOVAN LUMBER MILLS and COLUMBIA
VALLEY LUMBER COMPANY and INTERNATIONAL WOODWORKERS OF
AMERICA, LOCAL No. 46
Case No. R-695
SECOND SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
A sl 10, 1939
On March 11, 1939, pursuant to a Supplemental Decision, Certifica-
tion of Representatives, and Direction of Elections, as amended,"
of the National Labor Relations Board, herein called the Board, the
Regional Director for the Nineteenth Region (Seattle, Washington)
conducted elections by secret ballot among the following two groups
of employees of Bloedel-Donovan Lumber Mills, Bellingham,
Washington, herein called the Company :
(a) All persons employed at the Cargo mill, including the crib
boom, Larson mill, sash and door factory, box factory, fuel depart-
ment, and garage, whose names appeared on the "active" lists of
employees in said operations dated March 9 and 10, 1938, being Board
Exhibits Nos. 11 to 15, inclusive, and all persons employed at the
Saxon camp, whose names appeared on the pay-roll list for November
1937, being Board Exhibit No. 16, excluding truck drivers, garage-
men and helpers employed in the fuel department, supervisory em-
ployees with authority to hire and discharge, office employees, and
those who had since quit or been discharged for cause, to determine
whether such employees desired to be represented by International
Woodworkers of America, Local No. 46, affiliated with the Committee
for Industrial Organization, herein called the I. W. A., or by United
Brotherhood of Carpenters and Joiners of America, Lumber and
Sawmill Workers Union, Local No. 2667, affiliated with the American
Federation of Labor, herein called the Sawmill Union, for the pur-
poses of collective bargaining, or by neither;
(b) All truck drivers, garagemen and helpers employed in the
fuel department, whose names appeared on the "active" list of em-
Ill N. L R. B 258, and 11 N. L. R. B. 268, 269.
12 N. L. R. B., No. 23.
177
178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in said department dated March 9, 1938, being Board Exhibit
No. 14, excluding supervisory employees with authority to hire and
discharge and those who had since quit or been discharged for cause,
to determine whether such employees desired to be represented by
the I. W. A., or by Local 231, International Brotherhood of Team-
sters, Chauffeurs, Stablemen and Helpers of America, affiliated with
the American Federation of Labor, herein called the Teamsters
Union, or by neither.
On March 15, 1939, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, issued, and on March 16, 1939,
duly served upon all the parties his Intermediate Report on these elec-
tions. As to the elections and their results, the Regional Director
reported as follows :
Group (a)
Total number eligible to vote_______________________________ 1106
Total number of ballots cast________________________________ 1032
Total number of votes in favor of the I. W. A________________ 477
Total number of votes in favor of the Sawmill Union -- ------ 538
Total number in favor of neither____________________________ 3
Total number of void ballots ________________________________ 1
Total number of challenged ballots_________ _________________ 13
Total number of blank ballots______________________________ 0
Total number of eligible voters not voting -------------------- 74
Group (b)
Total number eligible to vote_ _______________________________ 21
Total number of ballots cast________________________________ 21
Total number of votes in favor of the I. W. A________________ 6
Total number of votes in favor of the Teamsters Union_ ______ 15
Total number of void ballots ________________________________ 0
Total number of challenged ballots__________________________ 0
Total number of blank ballots_______________________________ 0
Total number of eligible voters not voting____________________ 0
On March 20, 1939, the I. W. A. filed with the Regional Director
objections to his Intermediate Report, alleging that supervisory offi-
cials of the Company before the elections had attempted by oral and
written statements to intimidate and coerce the employees to vote for
the Sawmill Union and the Teamsters Union. The Regional Direc-
tor, upon investigation, found that none of these objections raised a
substantial and material issue with respect to the conduct of the
ballot and so reported to the Board. The Board has considered the
objections and the Regional Director's report. The Board finds that
these objections raise no substantial and material issues with respect
to the conduct of the ballot.
BLOEDEL-DONOVAN LUMBER MILLS 179
In its Supplemental Decision, previously referred to, the Board
stated that the determination of the appropriate unit or units for
collective bargaining would depend upon the results of the elections.
The Board said :
If a majority of the truck drivers, garagemen and helpers vote
for the Teamsters Union, we will determine that such employees
constitute a separate unit appropriate for the purposes of col-
lective bargaining, and we will certify the Teamsters Union as
the duly chosen representative of that unit. If a majority of the
truck drivers, garagemen, and helpers vote for the I. W. A., we
will determine that such employees are part of a single unit with
the other employees of the . . . Company.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all employees of the Company at its Cargo mill, in-
cluding the crib boom, Larson mill, sash and door factory, box fac-
tory, fuel department, garage, and Saxon camp, excluding truck
drivers, garagemen and helpers employed in the fuel department,
supervisory employees with authority to hire and discharge, and
office employees, 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
National Labor Relations Act.
We find that all truck drivers, garagemen and helpers employed
in the fuel department of the Company, excluding supervisory em-
ployees with authority to hire and discharge, 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 National Labor Relations 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 employees of Bloedel-Donovan Lumber Mills, Bellingham,
Washington, at its Cargo mill, including the crib boom, Larson mill,
sash and door factory, box factory, fuel department, garage, and Saxon
camp, excluding truck drivers, garagemen and helpers employed in
the fuel department, supervisory employees with authority to hire
and discharge, and office employees constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
169134-39-vol 12-13
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. All truck drivers, garagemen and helpers employed in the fuel
department of Bloedel-Donovan Lumber Mills, Bellingham, Wash-
ington, excluding supervisory employees with authority to hire and
discharge, 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 Rela-
tions Act, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that United Brotherhood of Carpenters and
Joiners of America, Lumber and Sawmill Workers Union, Local No.
2667, affiliated with the American Federation of Labor, has been
designated and selected by a majority of all employees of Bloedel-
Donovan Lumber Mills, Bellingham, Washington, at its Cargo mill,
including the crib boom, Larson mill, sash and door factory, box
factory, fuel department, garage, and Saxon camp, excluding truck
drivers, garagemen and helpers employed in the fuel department,
supervisory employees with authority to hire and discharge, and
office employees, as their representative for the purposes of collective
bargaining, and that, pursuant to Section 9 (a) of the Act, United
Brotherhood of Carpenters and Joiners of America, Lumber and Saw-
mill Workers Union, Local No. 2667, affiliated with the American
Federation of Labor, is the exclusive representative of such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of em-
ployment; and
IT IS HEREBY CERTIFIED that Local 231, International Brotherhood
of Teamsters, Chauffeurs, Stablemen and Helpers of America, affil-
iated with the American Federation of Labor, has been designated
and selected by a majority of all truck drivers, garagemen and help-
ers employed in the fuel department of Bloedel-Donovan Lumber
Mills, Bellingham, Washington, excluding supervisory employees
with authority to hire and discharge, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9
(a) of the Act, Local 231, International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers of America, affiliated with the
American Federation of Labor, is the exclusive representative of such
employees for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions of
employment.