Portland Lumber Mills

National Labor Relations Board - Board Decisions

Oct 27, 1939

16 N.L.R.B. 571 (N.L.R.B. 1939)

In the Matter of PORTLAND LUMBER MIILs and LUMBER AND SAWMILL
WORKERS UNION, LOCAL No. 2880, CHARTERED BY UNITED BROTHER-
HOOD OF CARPENTERS AND JOINERS OF AMERICA , AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. R-1153
SECOND SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 27, 1939
On April 11, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case.' The Direction of Election directed that an
election by secret ballot be conducted within twenty (20) days from
the date of the Direction of Election among all plant and production
employees employed by Portland Lumber Mills during the pay-roll
period next preceding the date of said Direction of Election, ex-
cluding office employees, foremen, and other supervisory employees,
to determine whether they desired to be represented by Lumber and
Sawmill Workers Union, Local No. 2880, chartered by United
Brotherhood of Carpenters and Joiners of America, herein called
Local No. 2880, affiliated with the American Federation of Labor,
or by Lumber and Sawmill Workers Union, Local No. 3, Interna-
tional Woodworkers of America, herein called Local No. 3, affili-
ated with the Committee for Industrial Organization, for the pur-
poses of collective bargaining, or by neither.
Pursuant to the Direction, an election by secret ballot was con-
ducted on April 28, 1939, under the direction and supervision of the
Regional Director for the Nineteenth Region (Seattle, Washington).
On May 23, 1939, the said Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 1, as amended, issued and duly served upon
the parties an Intermediate Report upon the secret ballot. There-
after, Local No. 3 and Local No. 2880 duly filed exceptions to the
rulings of the Regional Director in his Intermediate Report.
112 N . L. R. B. 209.
16 N. L. R. B., No. 59.
571
572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On August 29, 1939, the Board issued its Supplemental Decision
and Supplemental Direction 2 in which it found that Richard Kinnear
and John Martinson, employees found ineligible by the Regional
Director, were eligible to vote, and directed the Regional Director
to open and count the ballots of said employees, and serve upon the
parties an amended Intermediate Report embodying his findings
thereon and his recommendations as to the results of the secret
ballot.
Pursuant to the Supplemental Direction, the ballots of the afore-
mentioned employees were opened and counted on September 2, 1939,
under the direction and supervision of the Regional Director and in
the presence of authorized observers. The ballots of both employees
indicated that they desired to be represented by Local No. 2880. On
September 7, 1939, the Regional Director, acting pursuant to Article
III, Section 9, of said Rules and Regulations-Series 2, issued and
duly served upon the parties his Supplemental Election Report.
As to the balloting and its results the Regional Director reported
as follows :
Total number of eligible voters---------------------------- 170
Total number of ballots cast ----------------------------- 167
Total number of valid ballots cast ------------------------- 164
Total number of votes in favor of Lumber' and Sawmill Work-
ers' Union , Local No. 2880, chartered by the United Broth-
erhood of Carpenters and Joiners of America ------------- 84
Total number of votes in favor of Lumber and Sawmill Work-
ers' Union , Local No. 3 , International Woodworkers of
America ------------------------------------------------- 79
Total number of votes for neither ----------- -------------- 1
Total number of blank ballots------------------------------- 0
Total number of void ballots ------------------------------ 0
Total number of votes invalid because challenges sustained-. 3
Total number of eligible voters not voting -- ---------------- 3
On September 12, 1939, Local No. 3 filed objections to the Sup-
plemental Election Report of the Regional Director on the grounds
that (1) Kinnear and Martinson are each employed in a supervisory
capacity with power to hire and discharge employees, (2) the em-
ployees of the Company had been subjected to coercion, threats of
boycott, and threats of losing their jobs for 2 years prior to the
election, and (3) the Board should refrain from making any certi-
fication until the employees were in a position to express their choice
without being subjected to coercive threats of boycott. On October
3, 1939, the Regional Director, acting pursuant to Article III, Sec-
tion 9, of said Rules and Regulations-Series 2, issued and duly
served upon the parties his Report on Objections raised to Supple-
2 14 N. L . R. B. 1173.
PORTLAND LUMBER MILLS 573
mental Election Report, in which he recommended that the objec-
tions be overruled. The Board has considered the Objections filed
by Local No. 3 to the Supplemental Election Report and finds that
they do not raise substantial and material issues with respect to the
conduct of the ballot.-3 Accordingly, the objections are overruled.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 of the National Labor Relations
Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations, Series 2,
IT IS HEREBY CERTIFIED that Lumber and Sawmill Workers Union,
Local No. 2880, chartered by 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 plant and pro-
duction employees of Portland Lumber Mills, excluding office em-
ployees, foremen, and other supervisory employees, as their repre-
sentative for the purposes of collective bargaining and, pursuant to
Section 9 (a) of the Act, Lumber and Sawmill Workers Union,
Local No. 2880, chartered by United Brotherhood of Carpenters and
Joiners of America, affilated 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.
3 See footnotes 1 and 2, supra.