Chicago Mill & Lumber Co.

National Labor Relations Board - Board Decisions

Oct 18, 1945

64 N.L.R.B. 349 (N.L.R.B. 1945)

t
In the Matter Of CHICAGO MILL & LUMBER COMPANY and INTERNA-
TIONAL WOODWORKERS OF AMERICA
Case No. 15-R-1307
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 18, 1945
On June 16, 1945, pursuant to a Decision and Direction of Election,
issued by the Board on May 23, 1945,1 an election by secret ballot was
conducted under the direction and supervision of the Regional Di-
rector for the Fifteenth Region (New Orleans, Louisiana). Upon
the conclusion of the elect:on, a Tally of Ballots Was furnished the
parties in accordance with the Board's Rules and Regulations.
The Tally indicates that of approximately 404 eligible voters, '270
cast valid ballots,.of which 154 were cast for United Brotherhood of
Carpenters and Joiners of America, Local 3069, AFL, herein called
the AFL; 108 were cast for International Woodworkers of America,
C. I. 0., herein called the C. I. 0.; 3 were cast for neither organization,
and 3 were challenged ballots.
On June 20, 1945, the C. I. O. filed objections to the conduct of the
election, alleging improper voting arrangements and unfair elec-
tioneering on the part of the AFL in circulating on the day before
the election a handbill which discussed a Wage increase and the pay-
ment of retroactive pay under the terms of a recent directive of the
National War Labor Board. In his Report on Objections, the Re-
gional Director found that the objections regarding voting arrange-
ments raised no substantial issues, but found that the circulation of
the handbill the day before the election created an atmosphere of
misrepresentation and undue influence such as to prevent a free
choice in the election. As a result thereof, the Regional Director
recommended that the results of the election be set aside. On Sep-
tember 4, 1945, the AFL filed exceptions to the Regional Director's_
Report on Objections.
'61 N L R B 1403
64 N L. R B, No 64.
349
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The C. I. O. alleges that the AFL obtained an unfair advantage on
the eve of the elect ion by passing out handbills attributing to the AFL
credit for securing a wage increase and retroactive pay for employees
of the Company under the recent War Labor Board directive, .which
was'issued'prior to the Board's issuance of the Decision.ind Direction
of Election in the iiistant proceeding. While we have, on occasion, set
aside election results where the announcement of a wage increase by
a competing union' on the eve of an`election' may be presumed to have
unduly influenced the choice of bargaining representatives,' such cases
are distinguishable on their facts from this one. One of the distin-
guishing features , is the fact that the employees in the present case
were probably' aware of thek-War. Labor Board directive- throughout
most of the campaign immediately before the election, as indicated
by the fact that it had been commented upon in a local newspaper more
than 2 weeks before ,the balloting. The incidental announcement of
the wage increase in the handbill of the AFL did not, yin our opinion, -
coilstitute news of such novel character as may be presumed to` have
influenced the choice of a bargaining representative.*' Nor are -eve
persuaded by the further contention of the C. -I. O. that the handbill
in question was so misleading as to unduly influence or prevent the
employees from freely exercising their right to select a bargaining
representative .3 Under all the circum"stances, we find that the circu-
lation of the handbill aforesaid did not result in such coercion of the
will.or misapprehension on the part of the employees as to warrant
setting aside the election results. Accordingly, we overrule - the
C. I. O.'s objections as raising no substantial or material issues with
respect to the conduct of the election. •
Since the results of the election show that the employees in the
unit heretofore found appropriate have, selected the AFL as their
bargaining representative, we shall certify the AFL in accordance
with the- Tally of Ballots hereinabove referred to.
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 Relations Act,
and pursuant to Article III, Sections 10' and 11,` of National Labor
Relations Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY CERTIFIED that United Brotherhood of Carpenters and "
Joiners of America, Local 3069, A. K L., has been designated and,
selected by a majority of all production and maintenance employees
at the Tallulah plant of Chicago Mill & 'Lumber Company, Tallulah,
2 See Matter of Continental Oil Company, 58 N. L. R B 169; Matter of Seneca-Knitting
Mills, 59 N L R B 754.
3 Cf Matter of Phelps Dodge Corporation, 62 N. L. R B. 1287; Matter of Maywood
Hosiery Mills , Inc., 64 N. L. K. B 146.
CHICACO MILL & LUMBER COMPANY 351
Louisiana, excluding watchmen, office, clerical, logging, wood, and
railroad employees; and all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, and that
pursuant to Section '9 (a) of the Act, the said 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 erriploymeiit.
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