Pike Lumber Co., Inc.

National Labor Relations Board - Board Decisions

Sep 23, 1955

114 N.L.R.B. 172 (N.L.R.B. 1955)

172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
his right to vote. The Regional Director recommended that the-
chal-lenges. to the ballots of these employees be overruled. The Employer
generally excepts to these findings and recommendations but adverts
to no specific evidence in support of its exceptions! Accordingly, we
adopt the Regional Director's recommendation and overrule the chal-
lenges to- the ballots of these four, eemployees.'
As no exceptions were filed to the Regional Director's recommen-
dations that challenges to the two other ballots cast by George Col-
lins and John Jones be sustained, we sustain these challenges. -
[The Board directed that the Regional Director for the Fourteenth
Region shall, within ten (10) days from, the date of this Direction,
open and count the ballots of Gilfort Holmes, Orlander Moore, Willey
Thomas, and Charles E. Cotton and serve upon the parties a supple-
mental tally of ballots.]
a Although the Employer excepted to the , I{egional Director 's recommendation to over=
rule the challenge to the ballot of Collins, we assume that the Employer meant Cotton
and not Collins , in view of the fact that the 'Regional Director recommended that,the
challenge to the ballot of Collins be sustained.
s National Foundry Company of New York, Inc., 112 NLRB 1214. In connection with
the challenge as to Cotton, we note that union membership has no bearing on an employee's
eligibility to vote. A fundamental purpose of the Act is "protecting the exercise by
workers of full freedom of association , self-organization , and designation of representatives
of their own choosing ." ( Section 1.)
Pike Lumber Co., Inc. and International Union of Operating
Engineers, Local No. 83, AFL, Petitioner. Case No. 19-RC-1674.
September 23, 1955
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
-Relations Act, a hearing was -held-before-Patrick H. W-alker,,hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with-
this case to a three-member panel [Acting Chairman Rodgers and
Members Peterson and Leedom]. '
Upon the entire-record in-this=case;^the Board finds : -
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organization involved claims, to represent employees
of the"Employer.
- 3. No question affecting commerce exists concerning the representa=
tion of employees of the Employer within the meaning of Section 9
114 NLRB No. 154.
SCHWIEN ENGINEERING CO. 173
(c) (1) and Section 2 (6) and (7) of the Act, for the following
masons :
Petitioner seeks to represent a unit of all stationary engineers and
firemen employed in the powerhouse of the Employer's Spokane,
Washington, plant. At this plant, the Employer processes logs into
green and dry lumber.
Pursuant to a Board election held in 1946, Local 10-100 of the In-
ternational Woodworkers of America, CIO, was certified as the rep-
resentative of all the Employer's production and maintenance em-
ployees. Following certification, Local 10-100 and the Employer en-
tered into successive collective-bargaining agreements. In 1950 an-
other election was conducted, covering the same unit, which resulted
in the, decertification of Local 10-100. Since 1950 all employees have
been without representation. The Employer contends that the unit
sought herein is not appropriate.
The Board has held that the only appropriate unit in a primary
lumber manufacturing operation, such as that in which the Em-
ployer is engaged, is a production and maintenance unit.' For this
reason, we find that the requested departmental unit is inappropriate.
Accordingly, we shall dismiss the petition herein.
".[The Board dismissed the petition.]
'Weyerhaeuser Timber Company , 87 NLRB 1076; cf . American Potash d Chemwai
Corporation, 107 NLRB 1418 ; Seattle Cedar Lumber Manufacturing Company, 112
NLRB 54.
Schwien Engineering Co.' and Local #990, International Union,
United Automobile Workers of America (UAW-AFL), Peti-
tioner. Case No.. 21-RC-3876. September 26, 1955
DECISION AND -DIRECTION OF: ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act,. a hearing was held before George H. O'Brien, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. 'The Employer is engaged in, commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.'
The name of the Employer appears as amended at the hearing.
International Association of Machinists , in behalf of District Lodge No. 727 and
affiliate Local Lodge No. 758, was permitted to intervene on the basis of a showing of
interest for intervention.
114 NLRB No. 42.