Pacific Box Corp.

National Labor Relations Board - Board Decisions

Feb 17, 1941

29 N.L.R.B. 743 (N.L.R.B. 1941)

In the Matter Of PACIFIC Box CORPORATION and UNITED FURNITURE
WORKERS OF AMERICA, LOCAL 263, C. I. O.
Case No. K-0^99. Decided February 17, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Earle K. ,S/tawe, 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 petition alleg-
ing that a question affecting commerce had arisen concerning the repre-
sentation of employees of Pacific Box Corporation, herein called the
Company, engaged in the manufacture, distribution, and sale of wooden
boxes and other lumber products at San Francisco, California, and
requesting an investigation and certification of representatives pursu-
ant to Section 9 (c) of the National Labor Relations Act, 49•Stat. 449,
herein called the Act. On December 20, 1940, the National Labor Re-
lations 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 in-
vestigation ahd'authorized the Regional Director to conduct 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 "Stipula-
tion 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 em-
ployees at the San Francisco plant of the Company, including work-
29 N. L. R B., No. 120.
743
744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing foremen, 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 company)__ 36
Number of votes for United Furniture Workers of America, Local
263, C I 0------------------------------------------------ 31
Number of votes for Box Makers Union, Local 1137, United
Brotherhood of Carpenters and Joiners of America. A. F. L__ 2
Total number of votes counted-------------------------------- 33
Number of blank ballots-------- --------------------------- 0
Number of void ballots-------------------------------------- 0
Number of challenged ballots_________________________________ 10
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 Pacific Box Corporation, San Francisco,
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 San Francisco
plant of the .Company, including working foremen, but excluding
supervisory, 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. United Furniture Workers of America, Local 263, affiliated with
the Congress of Industrial Organizations, has been designated and
selected by a majority of the employees in the above unit and is their
representative for the purposes of collective 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 HEREBY CERTIFIED that United Furniture Workers of America,
Local 263, affiliated with the Congress of Industrial Organizations, has
been designated and selected by a majority of the production and
PACIFIC BOX CORPORATION 745
maintenance employees at the San Francisco plant of Pacific Box Cor-
poration, San Francisco, California, including 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 Section 9 (a) of the Act, United
Furniture Workers of America, Local 263, affiliated with the Congress
of Industrial Organizations, 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.