Deep River Timber Co.

National Labor Relations Board - Board Decisions

Apr 15, 1942

40 N.L.R.B. 585 (N.L.R.B. 1942)

In the Matter of DEEP RIVER TIMBER COMPANY ani LOCAL UNION
#5-11, INTERNATIONAL WOODWORKERS of AMERICA, AFFILIATED WITH
THE C. I. O.
Ccnse No. R-3039
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April• 15, 1942
On November 29, 1941; the National Labor Relations Board, herein
called the Board , issued a Decision and Direction of Election in the
above-entitled proceeding.1 On December 22, 1941 , the Board issued
an Amendment to Direction of Election .2 Pursuant to the Direction
of Election , as amended , an election by secret ballot was conducted
on March 16 , 1942, under the direction and supervision of the Regional
Director for the Nineteenth Region ( Seattle, Washington). On
March 24, 1942 , the Regional Director , acting pursuant to Article III,
Section 9 , of National Labor Relations Board Rules and Regulations-
Series 2, as amended , issued and duly served upon the parties an
Election Report on the ballot.
As to the balloting and its results , the Regional Director reported
as follows:
Total on eligibility list-------------------------------------- 108
Votes cast for Local Union #5-11, International Woodworkers of
America, C. I. 0------------------------------------------ 51
Votes cast for Lumber and Sawmill Workers, Local No. 2615,
A. F. L--------------------------------------------------- 41
Votes cast for neither---------------------------------------_ 0
Total ballots challenged------------------------------------- 11
Total valid votes cast--------------------------------------- 92
Total on eligibility list not voting----------------------------- - 5
The Regional Director further reported that six of the employees whose
votes were challenged were hired subsequent to the pay-roll period upon
which eligibility to vote was based and were therefore 'ineligible to
vote in the election. He recommended that the challenges to their
137 N. L.R.B 210.
a 37 N. L. R B. 220.
40 N. L. R. B., No. 105.
585
586' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ballots be sustained. He made no ruling with respect to the remainder
of the challenged ballots because they could have no effect upon the
outcome of the election. No exceptions were taken by, any of the
parties to the Regional Director's rulings with respect to the challenged
ballots. ^ The rulings are hereby' affirmed. -
- On March 27,-1942, Lumber and Sawmill Workers, Local No. 2615,
affiliated with the American Federation of Labor, filed objections to
the conduct of the election and the Election Report. 'On April 3, 1942,
the Regional Director issued a Report on Objections, finding that the
objections raised no substantial, or material issues. We have consid-
ered the objections and the Regional Director's report thereon and
find that the objections raise no substantial or material issues with
respect to the conduct of the election. The objections are hereby
overruled.
In view of our finding that the `challenges to six of the ballots cast
in the election should be sustained, the results of the election indicate
that International Woodworkers of America, Local Union #5-11,
C. I. 0., has-been designated and selected by a majority of those voting
as their, representative -for the purposes of collective: bargaining, and
we shall so certify.
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, 49 Stat. 449, and pursuant, to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
amended Ias ,
IT IS HEREBY CERTIFIED that Local Union '#5-11, International
Woodworkers of America, -affiliated with the{ Congress of Industrial
Organizations, has been designated and selected by a majority of all
employees of Deep River Timber Company, Portland, Oregon,'includ-
ing persons employed on the jobs which Bryce Caldwell and General
Hauling Company, Iiic:, have undertaken to perform, but, excluding
the superintendent, woods foreman, office employees, subforeman (in-
cluding Russ Wallace), the pile driver, and bridge crew, as their rep-
resentative - for the purposes of collective bargaining, and' that,
pursuant to-Section 9 (a) of-the Act, Local Union #5-
11,-Interna-tional Woodworkers of America, affiliated with the Congress of'Indus-
trial Organizations, 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 em-
ployment.