Diamond Match Co.

National Labor Relations Board - Board Decisions

Jul 19, 1941

33 N.L.R.B. 610 (N.L.R.B. 1941)

In the Matter of DIAMOND MATCH COMPANY and LUMBER & SAWMILL
WORKERS UNION, LOCAL #2809 .
Case No. R-2712:Decided July 19,1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. R. A. Colgan, Jr., of Chico, Calif., for the Company.
Mr. Joseph T. Castaldo, of San Francisco, Calif., for the Union.
Mr. Armin Uhler, of counsel for the Board. -
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 11, 1941, Lumber & Sawmill Workers Union, Local #2809,
affiliated with the A. F. of L., herein called the Union, filed with the
Regional Director for the Twentieth Region (San Francisco,
California) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Diamond
Match Company, Stirling City plant, herein called the Company,
engaged in lumber and sawmill operations at and near Stirling City,
California, and requesting an investigation and certification of rep-
resentatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On June 10, 1941, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriatq hearing
upon due notice. On June 11, 1941, the Board, the Company, and
the Union entered into a "STIPT7LATION FOR CERTIFICATION.
OF REPRESENTATIVES UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election was conducted on June 27,
1941, under the direction and supervision of the Regional Director
among all production and maintenance employees of the Company
at its Stirling City plant and those employees engaged in logging
33 N. L. R. B., No. 111.
610
DIAMOND MATCH COMPANY 611
.operations at Butte Meadows Camp, excluding executives, foremen,
clerical workers, and all other non-production employees, to deter-
mine whether said employees desire to be represented for the pur-
poses of collective bargaining by the Union. On June 30, 1941, the
Regional Director issued and duly served upon the parties an Election
Report on the ballot. No objections to the conduct of the ballot or
to the election report have been filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total number eligible to vote ----------------- ---------------- 227
Number of votes for Lumber and Sawmill Workers Union, Local
2809, United Brotherhood of Carpenters and Joiners of
America, A. F. L------------------------------------------ 108
Number of votes against Lumber and Sawmill Workers Union,
Local 2809, United Brotherhood of Carpenters and Joiners of
America, A. F. L------------------------------------------ 44
TOTAL NUMBER OF VOTES COUNTED------------------- 212
Number of blank ballots------------------------------------ 0
Number of void ballots-------------------------------------- 0
Number of challenged ballots-- ------------------------------ 1
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees at the Stirling City plant of Diamond Match
Company, at and near Stirling City, California, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees at the Stirling City
plant of the Company, including those-engaged in logging operations
at Butte Meadows Camp, excluding executives, foremen, clerical
workers, and all other non-production employees, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
3. Liunber & Sawmill Workers Union, Local #2809, affiliated with
the A. F. of L., has been designated and selected by a majority of
the employees in the above unit as their representative for the pur-
poses of collective bargaining and is the exclusive representative of
all the employees in said unit within the meaning of Section 9 (c)
of the Act.
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, -
450122-42-vol 33-40
612 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY CERTIFIED that Lumber & Sawmill Workers Union,
Local #2809, affiliated with the A. F. of L., has been designated and
-selected by a majority of all production and maintenance employees
at the Stirling City plant of Diamond Match Company, at and near
Stirling City, California, including those engaged in logging opera-
tions at Butte Meadows Camp, excluding executives, foremen, clerical
workers, and all other non-production employees, as their repre-
sentative for the purposes of collective bargaining, and that, pur-
suant to the provisions of Section 9 (a) of the Act, Lumber & Saw-
mill Workers Union, Local #2809, affiliated with the A. F. of L., 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.