Oregon-Washington Plywood Company

National Labor Relations Board - Board Decisions

May 20, 1939

12 N.L.R.B. 1130 (N.L.R.B. 1939)

In the Matter of OREGON-WASHINGTON PLYWOOD COMPANY and
INTERNATIONAL WOODWORKERS OF AMERICA
Case No. R-133P.Decided May 20,1939
Lumber Industry-Investigation of Representatives : motion for leave to with-
draw petition , granted ; intervening organization unopposed to motion ; petition,
dismissed.
Mr. Thomas P. Graham, Jr., for the Board.
Mr. E. N. Eisenhower, of Tacoma, Wash., for the Company.
Mr. John C. Stevenson and Mr. James J. Molthan, of Seattle,
Wash., for the I. W. A.
Mr. L. Presley Gill, of Seattle, Wash., for the Sawmill Union.
Mr. Theodore W. Kheel, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On February 25, 1938, International Woodworkers of America,
affiliated with the C. I. 0., on behalf of Local 9, herein called the
I. W. A., filed with the Regional Director for the Nineteenth Region
(Seattle, Washington), a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Oregon-Washington Plywood Company, Tacoma, Washington,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On July
16, 1938, 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 1, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On March 16, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
I. W. A., and upon Lumber and Sawmill Workers Union, Local 2668,
12 N. L. R. B., No. 113.
1130
OREGON-WASHINGTON PLYWOOD COMPANY 1131
chartered by the United Brotherhood of Carpenters and Joiners of
America, affiliated with the A. F. of L., herein called the Sawmill
Union. Pursuant to the notice, a hearing was held on March 30,
1939, at Tacoma, Washington, before Thomas C. Wilson, he Trial
Examiner duly designated by the Board. At the commencement
of the hearing, counsel for the I. W. A. renewed a motion made orally
before the hearing for leave to withdraw the petition. This motion
was denied by the Trial Examiner and an exception to his ruling was
taken by counsel for the I. W. A. Prior to the Trial Examiner's
ruling on the motion and after the motion had been made, counsel
for the Sawmill Union moved to intervene in the proceeding. At
that juncture, he stated as follows :
We consent that the motion for intervention be dismissed along
with the petition, with the understanding that, if the petition
is dismissed the Board loses jurisdiction of the matter.
It is apparent therefrom that the Sawmill Union does not of its own
volition desire to continue this proceeding. We will therefore grant
the motion for leave to withdraw the petition.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY ORDERED that the motion of the petitioner for leave
to withdraw its petition be, and it hereby is, granted, and the afore-
said case be, and it hereby is, closed.