Wayne Hale

National Labor Relations Board - Board Decisions

Jul 20, 1945

62 N.L.R.B. 1393 (N.L.R.B. 1945)

In the Matter of WAYNE HALE and INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS, LOCAL 57,
A. F. L.
In the Matter Of WAYNE HALE and INTERNATIONAL WOODWORKERS OF
AMERICA, C. I. 0., LOCAL 5-246
Cases Nos. 19-R-1516 and 19-R-1517, respectively
SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTION
July 20, 1945
On June 13, 1945, pursuant to the Decision and Direction of Elections
issued herein on May 19. 1945,' separate elections by secret ballot were
conducted under the direction and supervision of the Regional Director
for the Nineteenth Region (Seattle, Washington). Upon the conclusion
of the elections, a Tally of Ballots for each election was furnished the
parties in accordance with the Board's Rules and Regulations. The Tallies
show that, of the 4 eligible voters in the voting group of logging truck
drivers, only 3 cast their ballots, all voting for International Woodworkers
of America, C. I. 0., herein called the I. W. A., and none voting for Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen & Help-
ers, Local 57, A. F. L , while, of the 11 eligible voters in the voting group
of production and maintenance employees, only 9 cast their ballots, 5 of
whom voted for the I. W. A. and 4 against the I. W. A.
On June 14, 1945, the Company filed objections to the conduct of the
election in the voting group of production and maintenance employees on
the ground that its woods foreman, who was specifically excluded from
that voting group, was permitted to vote in the election therein. On June
22, 1945, the Regional Director issued and duly served upon the parties
his Report on Objections in which he stated that the woods foreman was
excluded by the Board's Direction of Elections from the voting group of
production and maintenance employees and that'the woods foreman had
1 61 N. L R. B 1305
62 N. R. L. B., No. 190.
1393
1394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
voted without challenge in the election held for that group ; he recommended
that the Company's objections be overruled for the reason that, irrespective
of how the woods foreman voted, the combined vote received by the
I W. A. in both voting groups constituted a majority of all valid votes
cast for the two groups.
We are unable to agree with the Regional Director's recommendation
In our Decision and Direction of Elections, we directed elections in each
of two voting groups stating that "If a majority in each voting group select
the I. W. A., both groups will together constitute 'a single unit." It is
therefore necessary that the results be conclusive in each voting group
before a determination as to the appropriate unit can be made. On the
facts before us, we are unable to find that the results in the voting group
of production and maintenance employees were conclusive. It is clear that
the woods foreman was specifically excluded by the Board from that voting
group, and that he was therefore ineligible to vote. It is also apparent that
all parties, including the I. IN. A 's observers and the Board's agents at
the election.- vv_ere av.-are of such ineligibility and should have challenged
his ballot. Since the Board's agents had knowledge of the ineligibility of
the woods foreman, and failed to challenge his ballot, and since his vote
may affect the results of the election among the production and mainte-
nance employees, we shall sustain the Conipan)'s object oils.' Accordingih,
we shall set the election aside in the voting group of production and mainte-
nance employees and shall direct a new one.
While the results among the employees in the voting group of logging
truck drivers are conclusive, we shall make no final determination at this
time as to the appropriate bargaining unit, but shall await the results of
the second election in the voting group of production and maintenance
employees which we shall direct herein. In conformity with customary
practice the Regional Director may conduct the balloting by mail, if such
procedure is deemed by him to be expedient.
ORDER
AND
SECOND DIRECTION OF ELECTION
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,
and pursuant to Article III, Sections 9 and 10, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY ORDERED that the election held on June 13, 1945, in the
The Company did not have any observer at the election
3 See Matter of Beggs & Cobb, Inc , 62 N L. R B. 193
\VAYNE HALE 1395
voting group of production and maintenance employees and the results
thereof be, and the same hereby are, vacated and set aside , and it is hereby
DiRi cTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Wayne Hale, McKenzie
Bridge, Oregon, a second election by secret ballot shall be conducted as
early as possible, but not later than thirty (30) days from the date of this
Second Direction of Election, under the direction and supervision of the
Regional Director for the Nineteenth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations , among the employees in
the voting group below, who were employed during the pay-roll period
immediatelly preceding the date of this Second Direction of Election,
including employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off , and including employ-
ees in the armed forces of the United States who present themselves in
person at the polls, but excluding any who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the second election :
All production and maintenance employees of the Company, including
gravel truck drivers, but excluding logging truck drivers, office and cleri-
cal employees, the woods foreman, truck foreman, and all supervisory
employees with authority to hire, promote , discharge , discipline , or other-
wise effect changes in the status of employees , or effectively recommend
such action, to determine whether or not they desire to be represented
by International Woodworkers of America, Local 5-246, affiliated with
the Congress of Industrial Organizations, for the purposes of collective
bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above Sup-
plemental Decision, Order, and Second Direction of Election