J. & D. Box and Crate Co.

National Labor Relations Board - Board Decisions

Feb 17, 1941

29 N.L.R.B. 740 (N.L.R.B. 1941)

In the Matter of J. & D. BOX AND CRATE COMPANY and UNITED FuRNI-
TURE WORKERS OF AMERICA, LOCAL 263, C. I. O. -
Case No. R-2297.Decided.February 17, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Earle K. Shawe, for the Board.
Mr. G. J. Brooks, of San Francisco, Calif., for the Company.
Mr. A. P. Carrara, of San Francisco, Calif., for the United.
Mr. Charles J. Janigian, of San Francisco, Calif., for Local No. 1137.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On November 29, 1940, United Furniture Workers of America,
Local 263; C. I. 0., herein called the United, filed with the Regional
Director for the Twentieth Region (San Francisco, California) a peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of employees of J. & D. Box and Crate Company,
herein called the Company, engaged in the manufacture, distribution,
and sale of wooden boxes and other lumber products at Alameda,
California, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On December 20,, 1940, the
National Labor Relations Board, herein called the Board, acting pur-
suant 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 con-
duct it and to provide for an appropriate hearing upon due notice. On
December 21, 1940, the Company, the United, Box Makers Union,
Local No. 1137, Brotherhood of Carpenters and Joiners of America,
A. F. of L., herein called Local 1137, and counsel for the Board, entered
into a "Stipulation for Certification Upon Consent Election."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on January 27, 1941, under the direction and supervision of the
Regional Director, among all production and maintenance employees
at the Alameda plant of the Company, including working foremen,
29 N. L R B., No. 119.
740 -
J. & D. BOX AND CRATE COMPANY 741
but excluding supervisory, office, and clerical employees and truck
drivers, to determine whether said employees desired to be represented
by the United, by Local 1137, or by neither. On January 29, 1941, the
Regional Director issued and duly served upon the parties her Election
Report on the ballot. No objections to the conduct of the ballot or the
Election Report have been filed by any of the parties.
In her Election Report, the Regional Director 'reported as follows
concerning the balloting and its results :
Total number eligible to vote (pay roll furnished by Conpany) __ 16
Number of votes for United Furniture Workers of America, Local
263, C. I 0-------------- -------------------------- 3
Number of votes for Box Makers Union Local 1137, United
Brotherhood of Carpenters and Joiners of America, A F. L__ 11
Total number of votes counted----------- ------------------------- 14
Number of blank ballots------------------------------------ 0
Number of void ballots_______________________________________ 0
Number of challenged ballots--------------------------------- 0
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 of J. & D. Box and Crate Company, Alameda,
California, within the meaning of Section 9 (c) and Section 2 (6)-and .
(7) of the National Labor Relations Act.
2. All production and maintenance employees at the Alameda plant
of the Company, including working foremen, but excluding super-
visory, office, and clerical employees and truck drivers, constitute a
unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
3. Box Makers'Union, Local No. 1137, Brotherhood of Carpenters
and Joiners of America, affiliated with the American Federation of
Labor, has been designated and selected by a majority of the employees
in the above unit and is their representative for the purposes of collec-
tive bargaining, and'is the exclusive representative of all employees in
the said unit, within the meaning of Section 9 (c)-of the National
Labor Relations 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,
IT IS IIEREIIY CERTIFIED that Box Makers Union, Local No. 1137,
Brotherhood of Carpenters and Joiners of America, affiliated with the
742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
American Federation of Labor, has been designated and selected by a
majority of the production and maintenance employees at the Alameda
plant of J. & D. Box and Crate Company, Alameda, California, includ-,
ing working foremen, but excluding supervisory, office, and clerical
employees and truck drivers, as their representative for the purposes
of collective bargaining, and that, pursuant to the provisions of Sec-
tion 9 (a) of the Act, Box Makers Union, Local No. 1137, Brotherhood
of Carpenters and Joiners of America, affiliated with the American
Federation of Labor, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates of
pay, wages, hours of employment, and other conditions of employment.