Cape Arago Lumber Co.

National Labor Relations Board - Board Decisions

Aug 26, 1949

85 N.L.R.B. 922 (N.L.R.B. 1949)

In the Matter of CAPE ARAGO LUMBER COMPANY, EMPLOYER and
LUMBER AND SAWMILL WORKERS LOCAL UNION No. 2573, AFL,
PETITIONER
Case No. 36-RC-162
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
August 26, 1949
Pursuant to a Decision and Direction of Election issued by the
Board herein on May 6, 1949,1 an election by secret ballot was held on
June 6, 1949, under the direction of the Regional Director for the
Nineteenth Region (Seattle, Washington). Upon the conclusion of
the election, a Tally of Ballots was furnished the parties in accord-
ance with the Rules and Regulations of the Board. The tally shows
that, of approximately 181 eligible voters, 122 cast ballots of which
115 were for and 6 against the Petitioner. One ballot was chal-
lenged.
Thereafter the Employer filed Objections to the Conduct of the
Election2 After an investigation the Regional Director issued and
duly served upon the parties a Report on Objections, in which lie
recommended that the unit description be amended specifically to
exclude office and clerical employees, professional employees, and
guards,3 and that the objections be otherwise overruled. No exceptions
to the Regional Director's Report have been filed by the parties within
the time provided therefor. Accordingly, we hereby adopt the
Regional Director's recommendations and overrule the Objections
to the Election. The unit found appropriate for purposes of col-
lective bargaining is hereby amended specifically to exclude, among
others, office and clerical employees, professional employees, and
guards.
1 83 N. L. R. B. 394.
2 In effect , the objections amounted to a request for a clarification or amendment of the
unit description rather than objections to any conduct concerning the election.
3It appears from the Report on Objections that no employees in the foregoing categories
voted with the possible exception of one employee , who voted a challenged ballot.
85 N. L . R.B„No.160.
922
CAPE ARAGO LUMBER COMPANY 923
Inasmuch as the Petitioner has won the election among the employees
in the unit as amended, we shall certify it as the collective bargaining
representative in such unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that the Lumber and Sawmill Workers
Local Union No. 2573, AFL, has been designated and selected by a
majority of all the Employer's production and maintenance employees
at its lumber manufacturing plant at Empire, Oregon, together with
boommen and rafters at the Employer's logging dumps at Delmar
and Allegany, Oregon, and at intermediate dumps, including em-
ployees who temporarily assist in railway carloading operations but
excluding the crane operator, office and clerical employees, professional
employees, guards, and supervisors as defined in the Act, as their repre-
sentative for the purposes of collective bargaining and that, pursuant
to Section 9 (a) of the Act, the aforesaid organization is the. exclusive
representative of all such employees for the purposes of collective
bargaining, with respect to rates of pay, wages, hours of employment,
and other conditions of employment.
CHAIRMAN HERZOG and MEMBER HOUSTON took no part in the con-
sideration of the above Supplemental Decision and Certification of
Representatives.