Monarch Box and Lumber Co.

National Labor Relations Board - Board Decisions

Mar 5, 1941

30 N.L.R.B. 79 (N.L.R.B. 1941)

,In the Matter of MONARCH BOX AND LUMBER COMPANY and UNITED
FURNITURE WORKERS OF AMERICA, LOCAL 263, C. I. O.
Case No. R-2313.-Decided March 5, 19V
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 Local 263.
Mr. Charles J. Janigian, of San Francisco, Calif., for Local 1137.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On November 29, 1940, United Furniture Workers of America,
Local 263, C. I. 0., herein called Local 263, filed with the Regional
Director for the Twentieth Region (San Francisco, California), a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Monarch Box and Lumber
Company, herein called the Company, engaged in the manufacture,
distribution, and sale of wooden boxes and other lumber products at
Oakland, California, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Decem-
ber 20, 1940, 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 Regula-
tions-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. On December 21, 1940, the Company;
Local 263, Box Makers Union, Local 1137, United Brotherhood of
Carpenters and Joiners of America, A. F. L., 'herein called Iocal
1137, and an attorney for the Board, entered into a "stipulation for
Certification Upon Consent Election."
30 N. L. R. B., No. 12.
79
80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I
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 of the Company at its, Oakland plant, including working.
foremen, but exclusive of supervisory, office, and clerical employees,
and truck drivers, to determine whether said employees desired to
be represented by Local 263 or by Local 1137, or by neither. On
January 31, 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-------------------------------- 30
Number of votes for United Furniture Workers of America,
Local 263, C. I. 0----------------------------------------- 12
Number of votes for Box Makers Union, Local 1137, United
Brotherhood , of Carpenters and Joiners of America,
A. F. L--------------------------------------------------- 15
Number of , votes for neitber- -------------------------------- 0
Total number of ballots counted ----------------------------- 27
Number of blank ballots ------------------------------------ 0
Number of void ballots -------------------------------------- 0
Number of challenged ballots------------------------------- '3
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 rep-
resentation of employees of Monarch Box and Lumber Company,
Oakland, 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 of the Company at
its Oakland plant, including working foremen, exclusive of 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 1137, United Brotherhood of Carpen-
ters and Joiners of America, A. F. L., has' been designated and
selected by a majority of the employees in the above unit as their
representative for the purposes of collective bargaining, and is the
I In her Election Report the Regional Director stated that "both unions agreed * * *
to allow the challenged ballots [of three employees ] to remain challenged and uncounted."
This agreement was, in effect, a stipulation that the challenges to the ballots of the three
employees should be sustained
MONARCH BOX AND LUMBER COMPANY 81
exclusive representative of all the employees in said unit , within
the meaning of Section 9 (2) 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 HEREBY CERTIFIED that Box Makers Union , Local 1137 , United
Brotherhood of Carpenters and Joiners of America , affiliated with
the American Federation of Labor, has been designated and selected
by a majority of the production and maintenance employees of the
Company at -its Oakland plant, including working foremen, exclud-
ing supervisory , office, and clerical employees , and truck drivers,
as their representative for the purposes of collective bargaining, and
that pursuant to the provisions of Section 9 (a) of the Act, Box
Makers Union, Local 1137 , United Brotherhood of Carpenters and
Joiners of America, affiliated with the American Federation of Labor,
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.