Coast Pacific Lumber Co.

National Labor Relations Board - Board Decisions

May 31, 1949

83 N.L.R.B. 1000 (N.L.R.B. 1949)

In the Matter of COAST PACIFIC LUMBER COMPANY, EMPLOYER, and
OPERATING ENGINEERS LOCAL UNION No. 3 OF THE INTERNATIONAL
UNION OF OPERATING ENGINEERS, PETITIONER
In the Matter Of COAST PACIFIC LUMBER COMPANY, EMPLOYER, and
LUMBER AND SAWMILL WORKERS, LOCAL UNION 2592, OF THE UNITED,
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, A ' F. OF L.,.
PETITIONER
Cases Nos. 00-RC-413 and 20-RC-424, respectively
SUPPLEMENTAL DECISION
AND
DIRECTION
May 31, 1949
Pursuant to a Decision and Direction of Election,' an election by
secret ballot was held on March 10, 1949, under the direction and super-
vision of the Regional Director for the Twentieth Region, among the
employees of the Employer in the unit found appropriate. At the
close of the election, the parties were furnished a Tally of Ballots.
The tally shows that there were approximately 19 eligible voters and
that 18 ballots were cast, of which 5 were for the Operating Engineers,.
8 for the Lumber and Sawmill Workers, 3 for neither, and 2 ballots
were challenged. -
As the challenged ballots were sufficient in number to affect the
results of the election, the Regional Director investigated the chal-
lenges, and on April 20, 1949, issued and duly served upon the parties;
his Report on Challenged Ballots.
In his report, the Regional Director recommended that the chal-
lenge to the ballot of Sam McCune be sustained and that the challenge-
to the ballot of William Schroeder be overruled, on the grounds that
his investigation revealed that McCune is a supervisor and that-
Schroeder is not a supervisor within the meaning of the Act.
No exceptions having been filed to the Regional Director's Report
on Challenges, we hereby adopt the Regional Director's recommenda-
' S1 N.L. R. B. 1351.
83 N. L. R. B., No. 140.
1000
COAST PACIFIC LUMBER COMPANY 1001
tions with respect to the challenged ballots. Accordingly, we shall
direct that the ballot of William Schroeder, as it affects the outcome
of the election, be opened and counted.
DIRECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Coast Pacific Lumber Com-
pany, Eureka, California, the Regional Director for the Twentieth
Region, shall, pursuant to National Labor Relations Board Rules and
Regulations within ten (10) days from the date of this Direction,
open and count the ballot of William Schroeder, and thereafter pre-
pare and cause to be served upon the parties a Supplemental Tally
of Ballots, including therein the count of William Schroeder's ballot.
CHAIRMAN HERZOG and MEMBER GRAY took no part in the consid-
eration of the above Supplemental Decision and Direction.