Walton Lumber Co.

National Labor Relations Board - Board Decisions

Apr 8, 1940

22 N.L.R.B. 739 (N.L.R.B. 1940)

In the Matter of WALTON LUMBER COMPANY, A CORPORATION, and
EvERETr DISTRICT COUNCIL , LUMBER AND SAWMILL WORKERS, ON
BEHALF OF LOCAL No. 2648, CHARTERED BY THE UNITED BROTHER-
HOOD OF CARPENTERS AND JOINERS OF AMERICA , AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
Case No. R-1693
Election Ordered : run-off.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
April 8, 1940
On February 19, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction in this proceed-
ing,1 directing that an election by secret ballot be conducted among
certain employees of Walton Lumber Company, herein called the
Company, to determine whether they desired to be represented for
the purposes of collective bargaining by Local No. 2648, chartered
by the United Brotherhood of Carpenters and Joiners of America,
affiliated with the American Federation of Labor, herein called Local
No. 2648, or by International Woodworkers of America, Local 2-101,
affiliated with the Congress of Industrial Organizations, herein called
Local 2-101, or by neither.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on March 8, 1940, under the direction and supervision
of the Regional Director for the Nineteenth Region (Seattle, Wash-
ington ). On March 9, 1940, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, prepared and duly served
upon the parties an Election Report, setting forth the results of
the election.
120 N. L . R. B. 573.
22 N. L. R. B., No. 42.
739
740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the results of the balloting, the Regional Director reported
as follows :
Total eligible to vote___________________________________ 352
Total ballots cast_______________________________________ 344
Total ballots cast for Local No 2648, U. B. C. J. A., A. F. L_ 141 -
Total ballots cast for Local 2-101, I. W. A., C. I. 0-------- 167
Total ballots cast for neither____________________________ 36
Total on eligibility list not voting________________________ 8
No objections to the conduct of the ballot or to the Election Report
have been filed by any of the parties. Local 2-101, which received
a plurality in the election, has requested a run-off election to. deter-
mine whether or not the employees desire to be represented by Local
2-101 for the purposes of collective bargaining. Local No. 2048
has filed with the Board a petition requesting that in the event a
run-off election is directed to be held it's name appear on the ballot
together with that of Local 2-101.
The Election Report reveals that neither of the competing, labor
organizations received a majority of the votes cast, but that a sub-
stantial majority of the employees voting desire to be represented by
a labor organization for the purposes of collective bargaining with
the Company. The procedure in run-off elections, under such cir-
cumstances, has been modified by the Board, -for reasons separately
stated by a majority of its members, in Matter of R. K. LeBlond
Machine Tool Co., Cincinnati Electrical Tool Co. and Independent
Employees Organization, 2 so that the ballot shall contain the names
of both labor organizations but no place in which to vote again for
"neither"; the organization receiving the higher number of votes to
be certified as exclusive bargaining representative.
Accordingly, the Board will direct a run-off election in -which
the employees will be given the opportunity to decide whether they
desire to be represented by Local No. 2648 or by Local 2-101 for
the purposes of collective bargaining. The request of Local 2-101,
in so far as it would exclude Local No. 2648 from the ballot and
limit the election to a determination of whether or not Local 2-101
should be the representative, is hereby denied.
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, 49 Stat. 449, and pursuant to Article III, Sections.
8 and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargain-
22 N. L. R B. 465
11
WALTON LUMBER COMPANY 741
ing with Walton Lumber Company, Everett, Washington, an election
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 Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among the employees described in the Direction of Elec-
tion issued February 19, 1940, but excluding those who have since
quit or been discharged for cause, to determine whether they desire
to be represented for the purposes of collective bargaining by Local
No. 2648, chartered by the United Brotherhood of Carpenters and
Joiners of America, affiliated with the American Federation of Labor,
or by International Woodworkers of America, Local 2-101, affiliated
with the Congress of Industrial Organizations.
MR. WILLIAM M. LEISERSON, concurring in part and dissenting in
part :
I hold to my opinion in the R. K. LeBlond case that the Board
is not authorized by the Act to order a run-off election at all, but
that since the majority does direct one, the ballot should contain
only the names of the two organizations which have been designated
by employees to represent them for collective bargaining, and
no place to vote against a labor organization.
CHAIRMAN MADDEN, concurring in part and dissenting in part :
I think the Board should permit the eligible employees to vote,
as under the former run-off election procedure, for or against Local
2-101, which received a plurality of the votes in the original election.
See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical
Tool Co. and Independent Employees Organization. 4
"See also my dissenting opinion in Matter o f Coos Bay Lumber Company and Lumber
and Baminill Workers Union Local No. 2573, 16 N L R B, 476.
4 22 N . L R. B. 465.
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