Deep River Timber Company

National Labor Relations Board - Board Decisions

Apr 10, 1939

12 N.L.R.B. 181 (N.L.R.B. 1939)

In the Matter of DEEP RIVER TIMBER COMPANY and INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL No. 137
Case No. R-957
CERTIFICATION OF REPRESENTATIVES
April 10, 1939
On December 30, 1938, the National Labor Relations Board, herein
called the Board, issued a. Decision and Direction of Election' in
the above-entitled proceeding. On January 14, 1939, the Board is-
sued an Amendment to Direction of Election! On January 31, 1939,
the Board issued a Supplemental Decision and Amended Direction
of Election 8 The Amended Direction provided that an election
by secret ballot be conducted within forty-five (45) days, among all
employees of Deep River Timber Company, Deep River, Washing-
ton, whose names appeared upon Board Exhibit No. 2-A introduced
in evidence at the hearing, excluding the superintendent, the woods
foreman, the office employees, the civil engineer, and the pile driver
and bridge crew, and excluding also those employees who had since
May 31, 1938, quit or been discharged for cause, to determine whether
they desired to be represented by International Woodworkers of
America, Local No. 11, affiliated with the Committee for Industrial
Organization, or by Lumber and Sawmill Workers Union, Local No.
2615, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining, or by neither.
Pursuant to the Amended Direction of Election, an election by
secret ballot was conducted on February 13, 1939, under the direc-
tion and supervision of the Regional Director for the Nineteenth
Region. Full opportunity was afforded all parties to this investiga-
tion to participate in the conduct of the secret ballot and to make
challenges. On March 1, 1939, the Regional Director, acting pursu-
ant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, issued and duly served
upon the parties an Intermediate Report on the Election.
110N.LRB904.
210 N.L.R B 909.
9 10 N L . R. B. 909.
12 N. L. R. B., No. 24.
181
182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
Total number of eligible voters______________________________ 123
Total number of ballots cast________________________________ 159
Total number of votes in favor of Local 2615, Lumber
Sawmill Workers Union, A. F. of L_______________________ 62
Total number of votes in favor of Local 11, International
Woodworkers of America, C. I. 0._________________________ 56
Total number of votes in favor of neither____________________ 0
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 1
Total number of challenged ballots__________________________ 40
Total number of eligible voters not voting-------------------- 4
The Regional Director further reported that the 40 challenged votes
were challenged on the ground that the names of those casting
such votes either did not appear on Board Exhibit No. 2-A or were
excluded by Board Exhibit No. 2-B,' with the exception of one chal-
lenged vote cast by a voter who did appear on Board Exhibit 2-A
and was not excluded by Board Exhibit No. 2-B. The Regional Di-
rector overruled the challenge with respect to the vote last mentioned.
On March 3, 1939, International Woodworkers of America, Local
No. 11, filed with the Regional Director exceptions to the Intermedi-
ate Report on the election. The exceptions allege, in substance, that
the persons whose votes were challenged at the time of the balloting
are regular employees of the Company; that they were employed
by the Company on May 31, 1938, the date which the Board pro-
vided should be used to determine eligibility to vote in the election;
and that the challenged ballots should be counted.
At the hearing held on July 21, 1938, all parties indicated agree-
ment that the employees of the Company within the appropriate unit
whose names appeared on Board Exhibit No. 2-A should be allowed
to vote in the election, excluding persons who had since May 31,
1938, quit or been discharged for cause. The Amended Direction of
Election issued by the Board on January 31, 1939, so provided and
no objection was raised thereto until the date of the balloting. The
rulings of the Regional Director with respect to the challenged bal-
lots were in accordance with the said Amended Direction of Elec-
tion. Accordingly, we find the exceptions of International Wood-
workers of America, Local No. 11, to be without merit.
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, 49 Stat. 449, and pursuant to Article III, Sections 8
4 Board Exhibit No. 2-B contained the names of persons who had been discharged after
May 31, 1938.
DEEP RIVER LUMBER COMPANY 183
and 9, of National Labor Relations Board Rules and Regulations,
Series 1, as amended,
IT IS HEREBY CERTIFIED that Lumber and Sawmill Workers Union,
Local No. 2615, affiliated with the American Federation of Labor,
has been selected by a majority of the employees of Deep River
Timber Company, Deep River, Washington, excluding the superin-
tendent, the woods foreman, the office employees, the civil engineer,
and the pile driver and bridge crew, as their representative for the
purposes of collective bargaining, and that pursuant to Section 9 (a)
of the Act, Lumber and Sawmill Workers Union, Local No. 2615,
affiliated with the American Federation of Labor, is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.