Eastern Western Lumber Co.

National Labor Relations Board - Board Decisions

Nov 15, 1939

17 N.L.R.B. 708 (N.L.R.B. 1939)

In the Matter of EASTERN WESTERN LUMBER COMPANY and LUMBER
AND SAWMILL WORKERS UNION, LOCAL No. 2881, CHARTERED BY
UNITED BROTHERHOOD OF CARPENTERS AND, JOINERS OF- AMERICA,
AFFILIATED WITH THE AMERICAN FEDERATION OF- LABOR
- - -Cabe-No.-R-1155 . -
SECOND SUPPLEMENTAL DECISION
AND
ORDER
November 15,19-3.9
On April 11 , 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled case. ' The Direction of Election directed that
an election by secret ballot be conducted within twenty (20) days
from the date of the Direction of Election among all plant and pro-
duction employees employed by Eastern Western Lumber Company
during the pay-roll period next preceding the date of said Direc-
tion of Election , excluding office employees , foremen, and other
supervisory employees , to determine whether they desired to be rep-
resented by Lumber and Sawmill Workers Union, Local No. 2881,
chartered by United Brotherhood of Carpenters and Joiners of
America, herein called Local No. 2881 , affiliated with the American
Federation of Labor, or by Lumber and Sawmill Workers Union,
Local No. 3, International Woodworkers of America, herein called
Local No. 3 , affiliated with the Committee for Industrial Organiza-
tion, for the purposes of collective bargaining , or by neither.
Pursuant to the Direction , an election by secret ballot was con-
ducted on April 28, 1939, under the direction and supervision of
the Regional Director for the Nineteenth Region ( Seattle, Wash-
ington ). On May 23, 1939, the said Regional Director, acting
pursuant 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 upon the secret
ballot. Thereafter , Local No. ' 2881 duly filed exceptions to the
Intermediate Report.
112 N. L. R. B. 209.
17 N. L . R. B., No. 59.
708
]:ASTERN WESTERN LUMBER COMPANY 709
On August 29, 1939, the Board issued its Supplemental Decision
and Supplemental Direction,2 in which it found that E. T. Bemis,
R. G. Feely, and Lewis Hall, employees found ineligible by the
Regional Director,. were eligible to vote, and directed the Regional
Director to open and count the ballots of said employees, together
.with the ballot of William Isakow,3 and to serve upon the parties
an amended Intermediate Report embodying his findings thereon
and his recommendations as to the results of the secret ballot.
.Pursuant to the Supplemental Direction, the ballots of the afore-
mentioned employees were opened and counted on September 2,
1939, under the direction and supervision of the Regional Director
and in the presence of authorized observers. Three of the ballots
were cast in favor of Local"No. 2881; the other in favor of Local
No. 3. On September 7, 1939, the Regional Director, acting pur-
suant to Article III, Section 9, of said Rules and Regulations-
Series 2, issued and duly served upon the parties his Supplemental
Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of eligible voters---------------------------- 253
Total number of ballots cast------------------------------ 247
Total number of valid ballots cast------------------------- -247
Total number of votes in favor of Lumber and Sawmill
Workers' Union, Local No. 2881, Chartered by U. B. of C.
and J. of A., A. P. of L--------------------------------- 121
Total number of votes in favor of Lumber and Sawmill
Workers' Union, Local No. 2881, Chartered by U. B. of C.
of America--------------------------------------------- 123
Total number of votes in favor of neither------------------ 2
Total number of blank ballots----------------------------- 0
Total number of void ballots------------------------------ 0
Total number of votes invalid because challenges sustained__ 1
Total number of eligible voters not voting----------------- 6
The results of the election show that neither Local No. 2881 nor
Local No. 3 received a majority of the votes cast. Local No. 3, the
organization which received a greater number of the votes cast, has
notified the Board that it does not desire to participate in a run-off
election. The petition for investigation and certification of repre-
sentatives of employees of the Eastern Western Lumber Company,
Portland, Oregon, filed by Local No. 2881 will therefore be dismissed.
2 14 N. L. R. B. 1176.
3 In his Intermediate Report, the Regional Director ruled that William Isakow, whose
name had inadvertently been omitted from the pay -roll list used at the election was
eligible to vote , but did not count his ballot because it could not affect the outcome of the
election.
' The total number of valid ballots actually cast in the election was 246 . The error
in the Supplemental Election Report does not affect the results of the election.
.71.0 DECISIONS OF RATIONAL LABOR RF.LATEO\S GOARU
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9; of Na-
tional Labor Relations Board Rules and Regulations Series 2, it
is, hereby ordered that the petition for investigation and certifica-
tion of representatives of employees of Eastern Western Lumber
Company, Portland, Oregon, filed by Lumber' and Sawmill Workers
Union, Local No. 2881, chartered by United Brotherhood of Car-
penters and Joiners of America, affiliated with the American
Federation of Labor. be, and it hereby is, dismissed.