Shaw Lumber Co.

National Labor Relations Board - Board Decisions

Mar 6, 1941

30 N.L.R.B. 93 (N.L.R.B. 1941)

In the Matter of SHAW LUMBER COMPANY and LUMBER & SAWMILL
WORKERS UNION, LOCAL 2544, CHARTERED BY THE UNITED BROTHER-
HOOD OF CARPENTERS AND JOINERS OF AMERICA , AFFILIATED WITH THE
A. F. OF L. - -
Case No. R-2156
SUPPLEMENTAL, DECISION,
- AND
DIRECTION OF RUN-OFF ELECTION,
March 6, 1941
On December 31, 1940 , the National Labor Relations Board , herein
called the Board, issued a Decision and' Direction of Election in this
proceeding 1 directing that an election by secret ballot be conducted
among certain employees of Shaw Lumber Company , Tionesta, Cali-
fornia, herein called the Company, to determine whether they "desire
to be represented for the purposes of collective bargaining by Lumber
& Sawmill Workers Union, Local 2544 , chartered by the United
Brotherhood of Carpenters and Joiners of America , affiliated with
the A. F. of L., herein called Local 2544 , or by International Wood-
workers of America, Local 6-12, herein called the I . W. A., or -by
neither. I - -
Pursuant to the Direction of Election , an election by secret ballot
was conducted on January -29 ,11941 ., under the direction - and supervision
of the Regional Director for the Twentieth Region ( San Francisco,
California ). On February 4, 1941 , ; the Regional Director , acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, prepared and duly
served upon the parties an Election Report setting forth the results
in the election . No objections to the conduct of the ballot or the
Election Report have been filed by any of the parties.
As to the results of the balloting , the Regional Director reported
as follows :
1 28 N L. R B 818
30 N. L. R. B., No. 15.
93
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number eligible to vote-------------------------------- 222
Number of votes for Lumber & Sawmill Workers Local Union
No. 2544, United Brotherhood of Carpenters and Joiners of
America, A. F. L----------------------------------------- 75
Number of votes for International Woodworkers of America,
C. 1. 0:, Local No. 6-12 ------- ------------------------------ 38
Number of votes for neither---------------- ----------------- 48
Total number of ballots counted------------------------------ 161
Number of blank ballots ------------------------------------ 0
Number of void ballots----------------------- ---------------- 0
Number of challenged ballots-------------------------------- 10
The Regional Director reported that inasmuch as the challenged
ballots could not affect the results of the election, they were not counted.
On February 3, 1941, Local No. 2544, the union which received a
plurality of the votes cast, requested that a run-off election be held
by the Board in which the names of the two unions only should appear
on the ballot. It appears that no representative has been selected
by a majority of those voting in the election but that a substantial
majority of the employees voting desire ,to bargain collectively with
the Company. Under these circumstances we shall direct that a
run-off election be held among the employees in the appropriate unit,
in which the eligible employees will be given the opportunity to de-
cide whether they desire to be represented by Local 2544 or by the
I. W. A. for the purposes of collective bargaining.
DIRECTION OF RUN-OFF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the, investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Shaw Lumber Company, Tionesta, California, an election by
secret'ballot shall be conducted as early as possible but not later than
thirty (30) days from the date of this Direction of Run-off Election,
under the direction and supervision of the Regional Director for the
Twentieth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations, among the employees of Shaw Lumber Com-
pany described in the Direction of Election issued on December 31,
1940, but excluding those who have since quit or been discharged for
cause, to determine whether they desire to be represented for the
purposes of collective bargaining by Lumber & Sawmill Workers
SHAW LUMBER COMPANY 95
Union, Local 2544, chartered by the United Brotherhood of Carpenters
and Joiners of America, affiliated with the A. F. of L., or by Inter-
national Woodworkers of America, Local 6-12.
MR. WILLIAM M. LEIS soN, dissenting :
For the reasons stated in my dissenting opinion in Matter of Coo8
Bay Lumber Company,2 I would not direct a run-off election.
2 Matter of Coos Bay Lumber Company and Lumber .& Sawmill Workers Union, Local No.
P573, 16 N. L. it. B. 476. 1