Brookings Plywood Corp.

National Labor Relations Board - Board Decisions

Jul 31, 1952

100 N.L.R.B. 431 (N.L.R.B. 1952)

BROOKINGS PLYWOOD CORPORATION 431
BROOKINGS PLYWOOD CORPORATION and UNITED BROTHERHOOD OF CAR,
PENTERS & JOINERS OF AMERICA, AFL 1 AND INTERNATIONAL WOOD-
WORKERS OF AMERICA, CIO, PETITIONERS. Cases Nos. 36-RC-723 and
36-RC-727. July 31, 1952
Supplemental Decision and Order
On April 4, 1952, pursuant to a Decision and Direction of Elections
issued by the Board herein on March 21,1952 (98 NLRB 794), an elec-
tion by secret ballot was conducted under the direction and supervision
of the Regional Director for the Nineteenth Region among the em-
ployees in the unit found appropriate in Case No. 36-RC-723. The
labor organization appearing on, the ballot in this election was the
Carpenters. Upon the conclusion of the election, a tally of ballots was
furnished the parties. The tally showed that a majority of the em-
ployees who cast valid ballots in the election voted against the Car-
penters, and that the challenged ballots were not sufficient to affect
the results of the election.
On April 7, 1952, the Carpenters filed objections to conduct affect-
ing the results of the election. The Regional Director thereupon
caused these objections to be investigated, and during the investigation
ascertained for the first time in this proceeding that the Carpenters
had formed a local union, No. 2703, Lumber & Sawmill Workers, which
had as its members employees of the Employer at the time of the
issuance of the Board's Direction of Election and the holding of the
election pursuant thereto. The Regional Director's report further
indicates that the Carpenters had withheld from the Board's agents
the fact that its local union had been established in the fall of 1951 be-
fore the hearing in this case, that the local union has never complied
with Section 9 (f), (g), and (h) of the Act, and has taken no steps
to -effect such compliance. In his report on objections issued on
June 2, 1952, and duly served upon the parties, the Regional Director
pointed out that because the facts concerning the existence of the
Carpenters' local union and its failure to comply with the Act had not
been timely made known to the Board, the Direction of Election herein
was inadvertently issued and the election pursuant thereto was inad-
vertently conducted. Accordingly, he recommended that the Direc-
tion of Election be vacated, that the election be held a nullity, and
that the petition herein be dismissed. No exceptions thereto have
been filed by the Carpenters. The Employer has excepted on the sole
ground that this result would enable the Carpenters and its local
union, upon the latter's compliance with the Act, to obtain a repre-
sentation election in a new proceeding within 12 months from the
1 Herein called the Carpenters.
100 NLRB No. 69.
.432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
date of the election herein. The Employer contends that the Carpen-
ters and its local union should be denied this opportunity because of
their asserted impropriety in failing to disclose the above-related
facts to the Board before the election in this case was held.
As no exceptions have been filed by either the Carpenters or the
Employer addressed to the merits of the Regional Director's find-
ings or conclusions, we 2 shall adopt his recommendations. We find
it unnecessary at this time to pass, on the. Employer's exception, as the
Board has been administratively advised that the Carpenters' local
union does not now intend to comply with Section 9 (f), (g), and (h)
of the Act, and we regard the filing of a new petition by the Carpen-
ters or its local union with a request for a new election within 12
months from the date of the election herein as highly speculative.
Order
IT Is .HEREBY ORDERED that the Board's Decision and Direction of
Election in Case No. 36-RC-723 be vacated, that the election hell- pur-
suant thereto be declared a nullity, and that the petition for investi-
gation and certification of representatives of employees of Brookings
Plywood Corporation, filed herein by United Brotherhood of Carpen-
ters & Joiners of America, AFL, in Case No. 36-RC-723, be, and it
hereby is, dismissed.
2 Pursuant to the provisions of Section 8 (b) of the Act, the Board has delegated its
powers in connection with this case to a three -member panel [ Members Houston, Murdock,
and Styles].
GREENBRIER DAIRY PRODUCTS COMPANY' and LOCAL No. 175, INTER
NATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSE-
MEN AND HELPERS OF AMERICA , AFL, PETrrIONER. Case No. 9-HC-
1632. July 31,1952
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Lloyd R. Fraker, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Styles and Peterson].
Upon the entire record in this case, the Board finds :
1 The Employer's name appears as amended at the hearing.
100 NLRB No. 72.