West Side Lumber Co.

National Labor Relations Board - Board Decisions

Oct 17, 1940

27 N.L.R.B. 935 (N.L.R.B. 1940)

In the Matter of WEST SIDE 'LUMBER COMPANY and LUMBER AND
SAWMILL WORKERS, LOCAL UNION No. 2810 , UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA
Case No. R-1810 •
SUPPLEMENTAL DECISION
AND
SUPPLEMENTAL DIRECTION
October 17, IQ40
On June 6, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in this
proceeding.' Pursuant to. the Direction of Election, an election by
secret ballot was conducted on -June 28, 1940, under the direction and
supervision of the Regional Director for the Twentieth Region (San
Francisco, California). On July 27, 1940, the Regional Director;
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued and
duly served upon the parties in Election Report, setting forth the
'results of the election. °
• As to the results of the balloting, the Regional Director reported as
follows :
Total number eligible to vote-------------------------------- 323
Number of votes for Lumber & Sawmill Workers Local Union
No. 2810, United Brotherhood of Carpenters and Joiners of
America, A. F. of L--------------------------------------- 137
Number of votes for International Woodworkers of America,
C. I. 0., Local 84----------------------------------------- 128
Number of votes for neither ---------------------------------- 13
Total number of votes counted------------------------------- 278
Number of blank ballots------------------------------------ 1
Number of void ballots-------------------------------------- 0
Number of challenged ballots------------------------------------- L--L- 15
'Of the 15 challenged ballots, 14 were challenged 'by International
Woodworkers of America, Local No. 84, herein called the C. I. O.
Local, and 1 by Lumber'& Sawmill Workers, Local Union No. 2810;
124 N. L. R. B. 416.
27 N..L It. B., No. 154.
935
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United Brotherhood of Carpenters and Joiners of America, affiliated
with the American Federation of Labor, herein called the A. F. of L.
Local. The Regional Director sustained the challenges filed by the
C. I. O. Local with respect to six individuals,2 and -ruled that the
remaining nine 3 were eligible to vote.
On August 14, 1940, the C. I. O. Local duly filed its Objections to
the Election Report,4 in which it specifically reasserted its challenges
to the ballots of Icel Biggs, Henry Grenier, and Hilton J. Gable.
The Objections also asserted that prior to the time a representative
of the Regional Director interviewed the persons whose ballots had
been challenged, regarding the nature ' of their employment, these
persons were questioned by an attorney representing the Company
in order to intimidate' them and to prevent them- from telling the
truth to the Board representative. No objections to the Election
Report have been filed by the A. F. of L. Local or by the Company.
On August 17, 1940, the Regional Director, acting pursuant to
Article III, Section 9, of the Rules and Regulations, issued and duly
served upon the parties a Report on Objections, in which she con-
cluded that the Objections filed by, the C. I. O. Local were without
merit.
The Board has fully considered the Election Report, the Objections
to the Election Report, and the Report on Objections: We-find that
the Regional Director's rulings on all the challenges were correct,
and that the Objections to the Election- Report do not raise any
substantial or material issue with respect "to the conduct of the ballot
or the Election Report. Since the ballots cast by the'nine, employees
herein found eligible to vote may affect the outcome of the, Election,
we shall direct the Regional Director to open and count these ballots,
and thereafter to prepare and serve upon the parties an Amended
Election Report embodying her findings and recommendations.,
On the basis of the entire record in the case, the Board makes
the following : -
DIRECTION
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,
2 Wilbur Armstrong, Adolph Antinetti, George Couture , Edward Gold, David Wilcoxon,
and Edward Alexander.
"Icel Biggs, Burton S Evans , Mike Nelson , Ralph Stelling , Claude A Roeder, Gladstone
Johnson, Henry Grenier, Hilton J. Gable, and Alex Reyna . Reyna-'s ballot had been chal-
lenged by the A. F. of L. Local. - - ' -
* On August 1, 1940, the C. I. O. Local filed what purported to be Objections -to the Elec-
tion Report , but this was not served on all the other parties , as required by Article III,
Section 9 , of the Rules and Regulations . The Objections filed on August 14. are ' almost
identical with the document filed on August 1.
WEST SIDE LUMBER COMPANY 937
of National Labor Relations Board Rules and Regulations-Series
2, as amended, it is hereby
DIRECTED that, as part of the investigation directed by the Board
to ascertain representatives for the purposes of collective bargaining
with West Side Lumber Company, Tuolumne, California, the
Regional Director for the Twentieth Region (San,Francisco, Cali-
fornia) shall, pursuant to the rulings of the Board set forth above,
and subject to Article III, Section 9, of said Rules and Regulations,
within ten (10) days from the date of this Direction, open and count
the ballots of Icel. Biggs, Burton S. Evans, Mike Nelson, Ralph
Stelling, Claude A. Roeder, Gladstone Johnstone, Henry Grenier,
Hilton J. Gable, and Alex Reyna, and shall thereafter prepare and
cause to be served upon the parties in this case an Amended Election
Report embodying her findings thereon and her recommendations
as to the results of the secret ballot.
r