Kesterson Lumber Corp.

National Labor Relations Board - Board Decisions

Apr 21, 1941

31 N.L.R.B. 169 (N.L.R.B. 1941)

In the Matter of KESTERSON LUMBER CORPORATION and INTERNATIONAL
WOODWORKERS OF AMERICA, LOCAL 6-12, C. I. O.
Case No. R-2293
Investigation and Certification of Representatives : run-off election directed.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION-
April 21, 1941
On March 6, 1941, the National Labor ' Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceedings., Pursuant to the. Direction of Election,
an election by secret ballot was conducted on April 1, 1941, under the
direction and supervision of the' Regional Director for the Nineteenth
Region (Seattle, Washington). On April 3, 1941, the Regional Direc-
tor, acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued and
duly served upon the parties an Election Report. No objections to the
conduct of the ballot or the Election Report were filed by any of the
parties.
As to the balloting and its results, the Regional Director reported'
as follows:
Total on eligibility list-------------------------------------- 236
Total ballots cast------------------------------------------- 226
Total votes in favor of International Woodworkers of America,
Local 6-12------------------------------------------------ 81
Total votes in favor of Lumber & Sawmill Workers Union, Local
2649------------------------------------------------------- 80
Total votes in favor of neither------------------------------- 60
Total void ballots------------------------------------------- 1
Total challenged votes--------------------------------------- 4
Thereafter, International' Woodworkers of America, Local 6-12,
C. I. 0., herein called the I. W. A., and Lumber & Sawmill Workers,
Local 2649, A. F. of L., herein called the L. & S. W., requested the
Board to conduct a run'of election. -
3 30 N. L. R. B. 87.
31 N. L. R. B., No. 26.
169
170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Since the Election Report reveals that a substantial majority of the
employees voting" desire to bargain collectively through an' exclusive
representative although neither of the competing labor organizations
received a majority of the votes cast, and since both.labor organizations
request a run-off election, we shall direct that a further election be held
in which the eligible employees will be given an opportunity to decide
whether they desire to be represented by the I. W. A. or the L. & S. W.
SECOND DIRECTION OF ELECTION
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 and 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Kesterson Lumber Company, Klamath Falls, Oregon, an election
by secret ballot shall be conducted as early as possible, but not later
than thirty (30) days from the date of this Second Direction of Elec-
tion, under the direction and supervision of the Regional Director for
the Nineteenth Region, acting in this matter as agent for the National
Labor Relations Board and subject to Article III, Section 9, of said
Rules and Regulations, among the employees described in paragraph
2 of the Direction of Election issued on March 6,'1941, but excluding
those who have since quit or been discharged for cause, to determine
whether they desire to be represented by International Woodworkers
'of America, Local 6-12, C. I. 0., or Lumber & Sawmill Workers Union,
Local 2649, chartered by the United Brotherhood of Carpenters and
Joiners of America, affiliated with the American Federation of Labor,
for the purposes of collective bargaining. _
i