Strickland Veneer and Lumber Co.

STRICKLAND VENEER AND LUMBER COMPANY 293 claim to represent the Employer's employees in a unit apart from the employees of the members of the Association. The Board, therefore, -is not empowered to direct an election on a decertification petition tinder the aforesaid section of the amended Act.2 Accordingly, we shall dismiss the petition.' Order IT IS 1-IEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. 2 IIuoAatliorn cf Meyers, 90 NLRB 785: Wave Publications, Inc, 90 NLRB 274; Davis- 221le hosiery Mill, Iite. SS NLRB 7.38, Cronin Motoi Co, Inc, 77 NLRB 808, Queen City 11`archouees, Inc., 77 NLRB 268 3 In view of our disposition of this case, we find it unnecessary to pass upon the various othet grounds upon which the Unions contended that the instant petition should be -dismissed. T. M. STRICKLAND D/B/A STRICKLAND VENEER AND LUMBER COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA , C. I. 0., PETITIONER. Case No. 10-RC-11.3'5. May 3, 1951 Supplemental Decision and Certification of Representatives On February 9, 1951, pursuant to a Board Decision and Direction of Election,l an election was held under the direction and supervision of the Regional Director for the Tenth Region among certain' employees of the above-named Employer at its Waycross, Georgia, plant. There- after, a tally of ballots was furnished the parties which showed that of the approximately 45 eligible voters, 23 cast valid ballots, of which 11 were for and 3 were against the Petitioner, and 9 were challenged. 'On February 27, 1951, the Regional Director, after investigating the challenges, issued a report on election, challenged ballots and reconi- mendation to the Board. On March 8, 1951, the Petitioner filed ob- jections to report on election and recommendation of Regional Director. The Regional Director sustained the challenges to the eight ballots cast by members of the woods crew.2 This crew, at the time the Board's Decision and Direction of Election issued on February 9, 1951, was performing wood-cutting operations for the Employer. Shortly thereafter, the Employer leased its woodlands to two in- 'dividuals and, by letter dated February 1, 1951, terminated the employ- ment of its woods crew. The members of the woods crew were hired by the lessees, who have complete control over their conditions of em- ployment, including their wages. Under these circumstances, the Regional Director found that the members of the woods crew had Unpublished. The Regional Director made no recommendation as to the ninth challenged ballot as it was insufficient to affect the outcome of the election 94 NLRB No. 53. 294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ceased to be employees of the Employer ^y the time the election was held on February 9, 1951, and accordingly he sustained the challenges to their ballots. No exception having been filed to this action of the Regional Director, his ruling sustaining the challenges to the ballots of the woods crew is hereby affirmed.3 Having found that the Employer had ceased to employ a woods crew, the Regional Director recommended that the description of the bargaining unit set forth in the Decision and Direction of Election be amended to exclude the woods crew. The Petitioner objects to this recommendation on the ground that as the lease arrangements be- tween the Employer and its lessees provide that they can be canceled on 7 days' notice the Employer could at any time, with or without the Petitioner's knowledge, again employ a woods crew. The Petitioner contends therefore that the unit description should include the woods crew "if, as and when they are employed again by the Employer." We find no merit, in the Petitioner's contention. As the Employer at present employs no woods crew, and as no members of the woods crew have participated in the selection of the Petitioner as the collec- tive bargaining agent, the Board will exclude the woods crew from the description of the bargaining unit for which the Petitioner will be certified. Accordingly, the description of the unit found appropriate in our Decision and Direction of Election is hereby corrected and amended to read : All the production and maintenance employees em- ployed at the Employer's Waycross, Georgia, plant, excluding office clerical employees, sales employees, watchmen, guards, and supervis- ors as defined in the Act. Nothing contained herein, however, shall be deemed to preclude the filing of a new petition with respect to the woods crew when and if the members of the woods crew again become employees of the Employer. Certification of Representatives IT IS HEREBY CERTIFIED that the International Woodworkers of America, CIO, has been designated and selected by a majority of the employees of T. M. Strickland d/b/a Strickland Veneer and Lumber Company, Waycross, Georgia, in the unit found appropriate in our Decision and Direction of Election as herein amended, as their repre- sentative for the purposes of collective bargaining, and, pursuant to Section 9 (a) of the Act, the said organization is the exclusive repre- sentative of all such employees for the purposes of collective bargain- ing with respect to rates of pay, wages, hours of employment, and other conditions of employment. 8 Pursuant to Section 3 (b) of the Act the Boaid has delegated its powers in connection with this case to a three-member panel [Members Houston , Murdock, and Styles].