Sherman Lumber Co.

National Labor Relations Board - Board Decisions

May 28, 1957

117 N.L.R.B. 240 (N.L.R.B. 1957)

SHERMAN LUMBER COMPANY 1789
Sherman Lumber Company and Gilbert Campbell , Petitioner and
Truck Drivers, Warehousemen & Helpers Local 340, a/w Inter-
national Brotherhood of Teamsters , Chauffeurs, Warehouse-
men & Helpers of America, AFL-CIO. Case No. 1-RD-239.
May 28,1957
SUPPLEMENTAL DECISION AND ORDER
On March 14, 1957, the Board issued its Decision and Direction of
Election herein 1 pursuant to which an election by secret ballot was
conducted under the direction and supervision of the Regional Director
for the First Region among the employees in the unit found appro-
priate. Following the election, the parties were furnished a tally of
ballots. The tally shows that of the approximately 190 eligible voters,
178 cast ballots; of these none was for the Union, 26 were against the
Union, and 152 were challenged. The challenged ballots were suf-
ficient to affect the results of the election.
On April 8, 1957, the Union filed timely objections to conduct af-
fecting the results of the election, alleging that supervisors had acted
as election observers for the Employer and the Petitioner. In ac-
cordance with the Board's Rules and Regulations, the Regional Di-
rector caused an investigation to be made of the issues raised by the
objections, and on April 19, 1957, issued and duly served upon the
parties a consolidated report on objections and challenged ballots.
In the consolidated report, the Regional Director found that the Peti-
tioner, Gilbert Campbell, who acted as his own election observer, was
a supervisor within the meaning of the Act when he filed the petition
herein and, as a supervisor, he was ineligible to file the instant petition
under the provisions of Section 9 (c) (1) (A) of the Act. Accord-
ingly, the Regional Director found merit in the Union's objections anct
recommended that the election be set aside and the petition be dis-
missed. In view of this recommendation, he considered it unnecessary
to make recommendations with respect to the challenges or the re-
maining part of the objections.
Thereafter, the Employer filed timely exceptions to the Regional'
Director's consolidated report and a supporting brief in which it,
disputed the Regional Director's legal conclusion that the Petitioner,
Gilbert Campbell, was a supervisor and, in effect, denied the factual
bases supporting such conclusion. In these circumstances, we find that
the exceptions raise material and substantial issues of fact as to the
supervisory status of Gilbert Campbell and that such issues, as well as
the issues with respect to the supervisory status of election observers
George A. Davenport and Lindley Randall and of R. McManus of the
1 Not reported in the printed volumes of Board Decisions and Orders.
117 NLRB No. 210.
1790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Staceyville Mill, can best be resolved at the hearing which we, shall
direct.
[The Board ordered that a hearing be held before a Trial Examiner,
and that such hearing may be consolidated with any hearing held in
Case No. I-CA-2272.]
[The Board further ordered that the Trial Examiner serve upon
the parties a report containing resolutions of credibility of witnesses,
findings of fact, and recommendations to the Board as to the disposi-
tion of said issues. Within the time provided therefor in the Board's
Rules and Regulations, any party may file with the Board in Wash-
ington, D. C., an original and six copies of exceptions thereto, and
shall serve a copy thereof upon each of the other parties, and shall file
a copy with the Regional Director. If no exceptions are filed thereto,
the Board will adopt the recommendations of the Trial Examiner.]
[The Board further ordered the above-entitled matter referred to
the Regional Director for the First Region for the purpose of arrang-
ing such hearing.]
CHAIRMAN LEEDOM and MEMBER JENKINS took no part in the con-
sideration of the above Supplemental Decision and Order.
Scott Lumber Company, Inc. and International Woodworkers of
America, Local 13-269, AFL-CIO. Case No. 92O-CA-1172.
May 29,1957
DECISION AND ORDER
On November 8, 1956, Trial Examiner David F. Doyle issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had not engaged in the unfair labor practices alleged in
the complaint, and recommending that the complaint be dismissed in
its entirety, as set forth in the copy of the Intermediate Report at-
tached hereto. Thereafter, the General Counsel filed exceptions to the
Intermediate Report together with a supporting brief, and the Re-
spondent filed a brief in support of the Intermediate Report and
Recommended Order.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its power in connection with this case to a three-member
panel [Members Murdock, Rodgers, and Bean].
The Board has reviewed the rulings of the Trial Examiner made at
the hearing and finds that no prejudicial error was committed. The
-rulings are hereby affirmed. The Board has considered the Interme-
diate Report, the exceptions and briefs, and the entire record in the
117 NLRB No. 249.