Lamm Lumber Co.

National Labor Relations Board - Board Decisions

Dec 30, 1940

28 N.L.R.B. 815 (N.L.R.B. 1940)

In, the Matter of LAMM LUMBER COMPANY and INTERNATIONAL WOOD-
WORKERS OF AMERICA, LOCAL No. 6-12, SUBLOCAL 6, AFFILIATED
WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R 2208.Decided December 30, 1940
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Thomas P. Graham, Jr., for the Board.
Mr. John B. Ebinger, of Klamath Falls, Oreg., for the Company.
Mr. R. E. McLain, of Klamath Falls, Oreg., for the I. W. A.
Miss Charlotte Ansc1Cuetz, of counsel to the Board.
DECISION -
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On October 24, 1940, International Woodworkers of America, Local
No. 6-12, Sublocal 6, affiliated with the Congress of Industrial Organi-
zations, herein called the I. W. A., filed with the Regional Director
for the Nineteenth Region (Seattle, Washington) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Lamm Lumber Company, herein called the
Company, engaged in the business of cutting and selling logs, and
the manufacture and sale of finished lumber and lumber products
at Modoc Point, Oregon, and requesting an investigation and certifi-
cation of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On October
25, 1940; the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of ' the Act and Article III, Section
3,; of National Labor Relations Board Rules and Regulations-Series
2, as amended, ordered an investigation and authorized the Regional
Director,to conduct it and to provide for an appropriate hearing upon
due notice. On October 22, 1940, the Company, the I. W. A., and
the Board entered into a "Stipulation" for certification upon consent
election.
28 N. L. R. B., No. 126.
815
816 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation an election by secret ballot was con-
ducted on November 27, 1940, under the direction and supervision
of the Regional Director among all production and maintenance em-
ployees of the Company engaged in and about the logging camp and
logging operations at Yamsey, Oregon, exclusive of supervisory and
clerical employees, to determine whether or not said employees desired
to be represented by the I. W. A. On November 30, 1940, the 'Re-
gional Director issued and duly served upon the parties an Election
Report on the ballot. No objections to the conduct of the ballot or
the Election Report have been filed by any of the parties.
In his Election.Report the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list______________________________________ 142
Total ballots cast___________________________________________ 122
Total votes in favor of International Woodworkers of America,
Local No. 6-12, Sublocal 6, affiliated dith the C. I 0__________ 113
Total votes opposed to International Woodworkers of America,
Local No. 6-12, Sublocal 6, affiliated with the C. I. 0------- 9
Total on eligibility list not voting____________________________ 20
Upon the basis ^ of the stipulation, the Election Report, and the
entire record in the, case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Lamm Lumber Company, Modoc Point,
Oregon, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company
engaged in and about the logging camp and logging operations at
Yamsey, Oregon, exclusive of supervisory and clerical employees;
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. International Woodworkers of America, Local No. 6-12, Sub-
local 6, affiliated with the Congress of Industrial Organizations, has
been designated and selected by a majority of the employees in the
above unit as their representative for the purposes of collective bar-
gaining, and is the exclusive representative of all the employees in said
unit within the meaning of Section 9 (a) of the National Labor Re-
lations Act.
LAMM LUMBER COMPANY 817
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that International Woodworkers of America,
Local No. 6-12, Sublocal 6, affiliated with the Congress of Industrial
Organizations, has been designated and selected by a majority of
the production and maintenance employees of the Lamm Lumber
Company engaged in and about the logging camp and logging opera-
tions at Yamsey, Oregon, exclusive of supervisory and clerical em-
ployees, as their representative for the purposes of collective bargain-
ing, and that pursuant to the provision of Section 9 (a) of the Act,
International Woodworkers of America, Local No. 6-12, Sublocal
6, affiliated with the Congress of Industrial Organizations, is the
exclusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.