Elliott Bay Lumber Co.

National Labor Relations Board - Board Decisions

Oct 1, 1938

9 N.L.R.B. 3 (N.L.R.B. 1938)

In the Matter of ELLIOTT BAY LUMBER COMPANY, ELL IOTT BAY MILL
COMPANY a'nd PLYWOOD AND VENEER WORKERS UNION, LOCAL No. 26
Case No. B-622
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
October 1, 1938
On August 1, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election,'- in the
above-entitled proceedings. The Direction of Election provided that
an election by secret ballot be conducted within twenty (20) days
of the Direction among the production and maintenance employees
employed by Elliott Bay Mill Company and by Elliott Bay Lumber
Company at their mills in Seattle, Washington, as of the pay-roll
date of February 15,, 1938, excluding clerical and supervisory em-
ployees and watchmen, and excluding also those employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by Plywood and Veneer Workers Local 26,
affiliated with the Committee for Industrial Organization, or by Ply-
wood and Veneer Workers Local 2618 and United Brotherhood of
Carpenters and Joiners, Local 2519, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining, or by
neither.
Pursuant to the Direction, an election by secret ballot was held on
August 11 and 12, 1938, under the direction and supervision of the
Regional Director for the Nineteenth Region (Seattle, Washington).
On August 16, 1938, 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 on the election. Exceptions to the
Intermediate Report were filed by Plywood and Veneer Workers Local
2618.
Local 2618 excepted to the basing of eligibility to vote upon a pay
roll which was several months old at the time of the election. The
pay-roll period selected by the Board was the one immediately pre-
IS N L. R B. 753
9 N. L: R. B., No. 2.
3
134068-39-vol. IX-2
4 NATIONAL LABOR RELATIONS BOARD
ceding the first hearing in the instant case. The Board considers
that except under unusual circumstances, the choice of an eligibility
date prior to the hearing is desirable in order to insure an eligibility
list free from the possibility of changes effected subsequent to the
hearing in order to influence the results of the election. An exception
was taken to the ruling of the Regional Director excluding 15 persons
employed since February 15, 1938, from voting. Application for
permission to allow these employees to vote was made directly to the
Board on August 12, 1938. The' Board denied this application by
order dated August 20, 1938. By motion filed August 29, 1938, Local
2618 requested the Board to reconsider its ruling in this matter. The
Board sees no reason to change the eligibility date acquiesced in by
the parties. The motion is hereby denied. , Exceptions were also taken
to the failure of the Regional Director to tally four challenged votes,
and his decision that a vote marked for both Local 2618 and Local
2519, should be declared void. The Board finds that three challenged
votes and the vote cast for both Local 2618 and Local 2519 should
have been counted. The Board has considered the other exceptions
to the Intermediate Report and finds that no material issues with
respect to the conduct of the ballot or to the Intermediate Report
are raised thereby.
As to the results of the secret ballot, the Regional Director reported
as follows :
'Total number eligible----------------------------------------- 332
Total ballots cast-------'-------------------------------------- 316
Total number blank ballots ----------------------------------- None
Total number of void ballots--------------------------------- 3
Total number of ballots cast for Plywood and Veneer Workers
Local No. 2618, affiliated with the A. F. of L----------------- 144
Total number of ballots cast for United Brotherhood of Carpen-
ters and Joiners , Local 2519, affiliated with the A. F. of L----- 5
Total number of ballots cast for Plywood and Veneer Workers
Local No. 26 , affiliated with the C. I. 0---------------------- 155
Total number of ballots cast for neither organization----------- 5
Total number of challenged votes----------------------------- 4
Total number of eligible employees not voting----------------- 16
The results of the election show that an overwhelming majority of
the employees have indicated a desire to bargain collectively with the
Company, but that none of the rival unions has been given a majority
of the ballots cast. If there are counted the ballot held void by the
Regional Director and the three challenged ballots which we have,
found should have been counted, the total number of valid ballots
cast would be 313. If all four are counted for the A. F. of L., the
aggregate A. F. of L. vote is only 153, less than a majority. We
cannot assume that any of the challenged votes were cast for Local
DECISIONS AND ORDERS 5
26 since it challenged them. Consequently, it received only 155 out
of the total of 313, again less than a majority. On August 19, 1938,
however, Local 26; as` the union receiving the greatest number of
votes, filed with the Board a motion requesting a run-off election to
determine whether or not''the employees desire to be represented by
such union for the, purposes of collective bargaining. It has been
the practice of the Board to grant such a request in circumstances
such as those here set forth .2
The Board finds that in order fully to resolve the question con-
cerning representation, a run-off election should be held, and it will
so direct.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested iii the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby ;
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Elliott
Bay Mill Company and Elliott Bay Lumber Company, an election
by secret ballot shall be conducted within twenty (20) days from
the date of this Direction under the direction and supervision of
the Regional Director of the Nineteenth 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
production and maintenance employees employed by Elliott Bay Mill
Company and Elliott Bay Lumber Company at their mills in Seattle,
Washington, as of the pay-roll date of February 15, 1938, excluding
clerical and supervisory employees and watchmen, and excluding
also those employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Plywood and Veneer Workers Local 26, affiliated with the Committee
for Industrial Organization, for the purposes of collective bargaining.
MR . DONALD WAKEFIELD SMITH tOOk no part in the consideration
of the above Supplemental Decision and Second Direction of Election.
2 Matter of Fedders Manufacturing Co. and Lodge No. 1753 Amalgamated Association of
Iron, Steel and Tin Workers of North America , through Steel Workers Organizing Com-
mittee, 4 N . L. R. B 770; Matter of Tidewater Associated Oil and Marine Cooks & Stew-
ards Association of the Pacific Coast, 8 N L R B 829 Utah Copper Company, a corpora-
tion, Kennecott Copper Corp ., a corporation and International Union of Mine, Mill & Smelter
Workers Local No 392, 8 N L R B 968.
6 NATIONAL LABOR RELATIONS BOARD
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
November 22, 1938
On August 1, 1938 , 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 provided that an elec-
tion - by secret ballot be conducted within twenty (20) days of the
Direction among the production and maintenance employees employed
by Elliott Bay Mill Company and by Elliott Bay Lumber Company
at their mills in Seattle , Washington , as of the pay-roll date of Febru-
ary 15, 1938, excluding clerical and supervisory employees and watch-
men, and excluding also those employees who have since quit or been
discharged for cause , to determine whether they desire to be repre-
sented by Plywood and Veneer Workers Local 26, affiliated with the
Committee for Industrial Organization , or by Plywood and Veneer
Workers Local 2618 and United Brotherhood of Carpenters and Join-
ers, Local 2519, affiliated with the American Federation of Labor, for
the purposes of collective bargaining, or by neither.
The results of the election held on August 11 and 12, 1938, pursuant
to said Direction , showed that although an overwhelming majority
of the employees indicated a desire to bargain collectively with the
Company, none of the rival unions was given a majority of the ballots
cast. Plywood and Veneer Workers Local 26, the union receiving
the plurality of the votes cast, thereupon requested that the Board
conduct a run-off election.
On October 1, 1938, the Board issued a Supplemental Decision and
Second Direction of Election , in which the Board directed that a
run-off election be held in order to give the employees an opportunity
to determine whether or not they desired to be represented by Ply-
wood and Veneer Workers Local 26.
Pursuant to the Second Direction, an election by secret ballot was
held on October 20 and 21, 1938 , under the direction and supervision
of the Regional Director for the Nineteenth Region ( Seattle, Wash-
ington). On October 22, 1938, the Acting 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 on the election . Objections
to the ballot and Intermediate Report were filed by Plywood and
Veneer Workers Local 2618. The objections are similar to certain
of the objections raised by Local 2618 to the ballot and Intermediate
Report relative to the first election and found by the Board in its
DECISIONS AND ORDERS 'J
Supplemental Decision to be without merit. We find that the objec-
tions raise no substantial or material issues with respect to the ballot
or Intermediate Report.
As to the results of the secret ballot, the Acting Regional Director
reported as follows :
Total number eligible_____________________________________ 319
Total ballots cast_________________________________________ 207
Total number of blank ballots_____________________________ none
Total number of void ballots ______________________________ none
Total number of ballots cast for Plywood and Veneer Work-
ers Local 26, affiliated with the C. I. 0___________________ 170
Total number of ballots cast opposed to Plywood and Veneer
Workers Local 26, affiliated with the C. I. 0______________ 36
Total number of challenged votes__________________________ 1
Total number of eligible voters not voting__________________ 112
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations; Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that Plywood and Veneer Workers Local
26, affiliated with the Committee for Industrial Organization, has
been selected by a majority of the production and maintenance em.
ployees employed by Elliott Bay Mill Company and by Elliott Bay
Lumber Company at their mills in Seattle, Washington, excluding
clerical and supervisory employees and watchmen, as their represen-
tative for the purposes of collective bargaining, and that, pursuant
to Section 9 (c) of the Act, Plywood and Veneer Workers Local 26,
affiliated with the Committee for Industrial Organization, 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.
9 N. L. R. B., No. 2a.