Zellerbach Paper Co.

National Labor Relations Board - Board DecisionsFeb 15, 1938

5 N.L.R.B. 308 (N.L.R.B. 1938)

In the Matter Of ZELLERBACH PAPER COMPANY and INTERNATIONAL LONGSHOREMEN AND WAREHOUSEMEN'S UNION, LOCAL 1-26 Case No. 8-355 CERTIFICATION OF REPRESENTATIVES February 15, 1938 By Decision dated December 3, 1937,1 the National Labor Relations Board, herein called the Board, as part of the investigation author- ized to ascertain representatives for the purposes of collective bar- gaining with Zellerbach Paper Company, herein called the Company. directed the Regional Director for the Twenty-first Region, acting as agent for the Board, and subject to National Labor Relations Board Rules and Regulations-Series 1, as amended, to conduct an election by secret ballot among the employees in the operating department of the Los Angeles warehouse of the Company, exclusive of foremen, the assistant foreman, and cutters, who were in the employ of the Company during the pay-roll period immediately preceding September 9, 1937, to determine whether they desired to be represented by International Longshoremen and Warehousemen's Union, Local 1-26, herein called the Longshoremen, affiliated with the Committee for Industrial Organization, or by General Ware- housemen's Union 598, herein called Local 598, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. Pursuant to said Direction of Election, the Regional Director con- ducted an election by secret ballot on December 17, 1937. The results of the balloting showed that the majority of the employees in the appropriate unit desired to bargain collectively with the Com- pany, although they had accorded neither of the rival unions a majority. On January 10, 1938, the Longshoremen, having received the greater number of votes, requested, by a letter addressed to the Board, that a run-off election be held. By Supplemental Decision and Direction of Election, dated January 19, 1938, the Board, as part of the investigation authorized to ascertain representatives for the purposes of collective bargain- ing with the Company, directed the Regional Director for the 14 N. L. R. B. 348. 308 DECISIONS AND ORDERS 309 Twenty-first Region, acting as agent for the Board, to conduct an election by secret ballot among the above-designated employees to determine whether or not they desire to be represented by the Long- shoremen for the purposes of collective bargaining. Pursuant to the Supplemental Decision and Direction of Election, balloting was conducted on February 2, 1938. Full opportunity was accorded all of the parties to this investigation to participate in the conduct of the secret ballot and to make challenges. On February 2, 1938, the Regional Director caused to be served on the parties his Intermediate Report on the conduct of the ballot. As to the results of the secret ballot, the Regional Director reported the following : Total number eligible__________________________________________ 59 Total number of ballots cast____________________________________ 57 - Total number of ballots cast for the Longshoremen-------------- 31 Total number of ballots cast against the Longshoremen ----------- 26 Total member of blank, void and challenged ballots cast--------- 0 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 and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY . CERTIFIED that International Longshoremen and Warehousemen's Union, Local 1-26, has been designated and selected by a majority of the employees of the Zellerbach Paper Company in the operating department of the Los Angeles ware- house of the Company, exclusive of foremen, the assistant foreman, and cutters, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, International Longshoremen and Warehouse- men's Union, Local 1-26, 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.