A. R. Tohl

A. R. TOHL 93 has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (b) (1) (A) of the Act. 7. The aforesaid unfair labor practices are unfair labor practices affecting commerce within the meaning of Section 2 (6) and (7) of the Act. [Recommended Order omitted from publication in this volume.] A. R. TOHL 1 and COLUMBIA RIPER DISTRICT COUNCIL No. 5, INTERNA- TIONAL WOODWORKERS OF AMERICA, CIO, PETITIONER . Case No. 36- RC-633. November 03, 1951 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before R. J. Wiener, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Reynolds and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent employees of the Employer. 3. No question affecting commerce exists concerning the represen- tation of employees of the Employer within the meaning of Sec- tion 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons: The Employer has, since May 1950, engaged in the logging business in and around Idanha, Oregon. On May 18, 1951, the date on which the petition in this proceeding was filed, the Employer's only logging operations were carried on at Boulder Creek, about 5 miles from Idanha, Oregon. In June 1951, before the hearing was held in this proceeding, this logging operation had ended. In the meantime the Employer had commenced the construction of a forest service access road,2 approximately 17 miles from Idanha, employing, among others, 6 of some 15 employees used in its earlier logging operations. I The name of the Employer appears as amended at the hearing. 2 This road is being built on U. S. Forest Service land for two companies purchasing timber from this Service. In the lumber industry , it is customary for the purchaser of timber from the Forest Service to bear the cost of and be responsible for the construction of a road to the tract on which the timber is located, even though the road will be owned by the Forest Service. 97 NLRB No. 18. 94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Petitioner desires to be certified as the bargaining representa- tive of employees in the operations of the Employer. The Employer moved to dismiss the petition on the ground that the road operation was scheduled to be shut down shortly after the date of the hearing, and that any future operation is indefinite in character. We find merit in the Employer's position. There is uncontroverted evidence that 6 weeks after the hearing the Employer would complete his construction operation, and that he was at the time of the hearing without commitments or arrangements for future logging activity. As a result, there is no certainty that the Employer will be engaged in any activity in the future or that any of the employees sought to be represented by the Petitioner will be employed by the Employer. Because it now appears the Employer's operation has been com- pleted and, because it is well settled that the unit placement of em- ployees at new, but indefinite, logging operations of an employer should be decided in future proceedings, we are of the opinion that no useful purpose will be served by proceeding with a determination of representatives at this time. Accordingly, we shall dismiss the petition without prejudice.3 Order IT Is HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed without prejudice. 8 See G H. Swailey Logging Company, 91 NLRB 921 ; Donovan, James, Wismer, & Becker, 93 NLRB 1562 ; Farm Tools, Inc. (Vulcan Plow Division ), 91 NLRB 926. DUMONT ELECTRIC CORPORATION and INTERNATIONAL UNION OF ELEC- TRICAL, RADIO & MACHINE WORKERS, CIO, PETITIONER. Case No. 2-RC-3572. November 23, 1951 Supplemental Decision and Certification of Representatives Pursuant to a Decision and Direction of Election dated June 14, 1951, an election by secret ballot was held on June 28, 1951, under the direction and supervision of the Regional Director for the Second Region, among the employees of the Employer in the unit found appropriate. At the close of the election the parties were furnished a tally of ballots which showed that of approximately 308 eligible voters, 291 cast valid ballots, of which 166 were cast for the Petitioner and 120 for Local 430, United Electrical, Radio and Machine Workers of America, herein called the Intervenor, and 5 for no union. One ballot was void and there were no challenges. 97 NLRB No. 25. _^^