Long Bell Lumber Co.

National Labor Relations Board - Board Decisions

Sep 21, 1942

44 N.L.R.B. 230 (N.L.R.B. 1942)

11
In the Matter of LONG BELL ' LUMBER COMPANY and LUMBER & SAWMILL
WORKERS UNIONS LOCAL No. 2907, A-. F. OF L.
Case No. R-4264--Decided September 21, 1942
Practice and Procedure : petition dismissed where results of an election, held
pursuant to a stipulation for certification upon consent election, showed that
no representative had been selected by a majority of the employees in the
appropriate unit.
Mrs. Alice M. Rosseter, for the Board.
Mr. J. M. Wuth, of Weed, Calif., for the Company.
Mr. J. D. Tuman, of Weed, Calif., for the Union.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On July 6, 1942, Lumber & Sawmill Workers Union, Local No.
2907, affiliated with the American Federation of Labor, herein called
the Union, filed with the Regional Director for the Twentieth Region
(San Francisco, California) a petition alleging that a question affect-
ing commerce has arisen concerning-,representation of employees of
Long Bell Lumber, Company, herein called the Company, engaged in
the manufacture of lumber and lumber products at Weed, California,
and requesting an investigation and certification of representatives,
pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On August 22, 1942, the Company, the
Union, and the Regional Director enterd into a "STIPULATION FOR
CERTIFICATION UPON CONSENT ELECTION." On August
24, 1942, 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 appropriate hearing upon
due notice.
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 28, 1942, under the direction and supervision of the
44 N. L. R B., No. 41.
230
LONG BELL' LUMBER COMPANY _ 231
Regional Director, among the firemen in the Weed, California, op-
eration of the Company, excluding the captain of the fire department,
to determine whether or not they desire to be represented by the Union.
On August 31, 1942, 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 ballot and its results:
Total number eligible to vote------------------------------ - 5
Number of votes for Lumber & Sawmill Workers, Local No.
2907, A. F. L------------------------ ----------- 3
Number,of votes against Lumber & Sawmill Workers, Local
No. 2907, A. F. L--------------------------------------- 3
Total number of votes counted----------------------------- 5
Number of blank ballots----------------------------------- 0
Number of void ballots------------------------------------ 0
Number of challenged ballots------------------------------ 0
The 'result of the election- shows that. no, collective bargaining rep-
resentative has been selected by the employees in the appropriate unit.
The Union's petition for investigation and certification of representa-
tives will therefore be dismissed.
ORDER
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 HEREBY ORDERED that the petition for investigation and certifi-
catiton of representatives! of employees, of the Long, Bell Lumber
Company at its Weed, California, operation, filed by Lumber -&
Sawmill Workers Union, Local No. 2907, A. F. of L., be, and it
hereby is, dismissed.
MR. WM. M. LEISERSON took no part in the consideration of the above
Decision and Order.