West Side Lumber Co.

National Labor Relations Board - Board Decisions

Dec 17, 1940

28 N.L.R.B. 664 (N.L.R.B. 1940)

In the Matter Of VEST SIDE LUMBER COMPANY and LUMBER AND
SAWDIILL WORKERS, LOCAL UNION No. 2810, UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF AMERICA
Case No. R-1810
CERTIFICATION OF REPRESENTATIVES
December 17, 1940
On June 6, 1940, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in this pro-
ceeding.' 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 Direc-
tor, •acting pursuant to Article III, Section 9, of the National Labor
Relations, Board Rules and Regulations-Series 2, as amended, issued
and duly served upon .the parties an Election Report setting forth the
results of the balloting and the Regional Director's rulings upon
challenged ballots. Thereafter, International Woodworkers of
America, Local No. 84, herein called the C. I. O. Local, filed Objec-
tions to the Election Report, and the Regional Director issued a.
Report on the Objections.
On October 17, 1940, the Board issued a Supplemental Decision and
Supplemental Direction 2 in which it found that the Objections filed
by the C. I. O. Local did not raise any substantial or material issues
with respect to the conduct of the election or the Election Report,
affirmed the Regional Director's rulings upon challenged ballots, and
.directed the Regional Director to open and count the challenged
ballots of nine persons who had been found eligible to vote, and to
prepare and serve a Report embodying her findings thereon and her
recommendations as to the results of the secret ballot.
On October 25, 1940, the Regional Director issued and duly served
upon the parties a Supplemental Election Report. No Objections to
the Supplemental Election Report have been filed by any of the
parties.
124 N. L. R. B. 416.
2 27 N. L. R. B. 935.
28 N. L. R. B., No. 99.
664
WEST SIDE LUMBER COMPANY 665
As to the nine challenged ballots cast by persons who had been
found eligible to vote, the Regional Director reported as follows :
Number of votes for Lumber & Sawmill Workers Local Union
No. 2810, United Brotherhood of Carpenters and Joiners of
America, A. F. L----------------------------------------- 8
Number of votes for International Woodworkers of America,
C. I. 0., Local 84-----------------------------------------
Number of votes for neither---------------------------------
Total number of ballots counted---------------------------
1
0
9
As to the results of the entire election, 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--------------------------------------- 145
Number of votes for International Woodworkers of America,
C I. 0., Local 84----------------------------------------- 129
Number of votes for neither------------------ --------------- 13
Total number of votes counted ----------------------------- 287
Number of blank ballots------------------------------------ 1
Number of void ballots------------------------------------- 0
By letter to the Board, dated November 1, 1940, the Brotherhood
of Locomotive Firemen and Enginemen and the Brotherhood of
Railroad Trainmen, herein called the Brotherhoods, protested the in-
clusion of certain employees in the unit previously found by the
Board to be appropriate. Upon full consideration the Board rejects
the protest and will proceed with certification of Lumber & Sawmill
Workers Local Union No. 2810, United Brotherhood of Carpenters
and Joiners. The action of the Board in certifying at this time
does not foreclose the Brotherhoods from filing petitions in the future
and does not foreclose the Board from considering any contentions as
to appropriate unit which such petition may raise.
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
2, as amended,
IT, IS I-IEREBY CERTIFIED that Lumber & Sawmill Workers, Local
Union No. 2810, United Brotherhood of Carpenters and Joiners of
America, affiliated with the American Federation of Labor, has been
designated and selected by a majority of all inside and outside em-
ployees at the Tuolumne, California, plant of West Side Lumber
Company, including the roundhouse crew, car-shop crew, broad-gauge
switching crew, and the night hostler, but excluding the day-kiln
666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
operator , janitor, safety inspector , night watchman , employees who
work on the Company's narrow -gauge railroad, woods employees,
employees with power to hire and discharge , and clerical or office
employees , as their representative for the purposes of collective bar-
gaining and that, pursuant to Section 9 (a) of the National Labor
Relations Act, Lumber & Sawmill Workers, Local Union No. 2810,
United Brotherhood of Carpenters and Joiners of America , affiliated
with the American Federation of Labor, is the exclusive representa-
tive 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.