Brookings Plywood Corp.

BROOKINGS PLYWOOD CORPORATION 431 BROOKINGS PLYWOOD CORPORATION and UNITED BROTHERHOOD OF CAR, PENTERS & JOINERS OF AMERICA, AFL 1 AND INTERNATIONAL WOOD- WORKERS OF AMERICA, CIO, PETITIONERS. Cases Nos. 36-RC-723 and 36-RC-727. July 31, 1952 Supplemental Decision and Order On April 4, 1952, pursuant to a Decision and Direction of Elections issued by the Board herein on March 21,1952 (98 NLRB 794), an elec- tion by secret ballot was conducted under the direction and supervision of the Regional Director for the Nineteenth Region among the em- ployees in the unit found appropriate in Case No. 36-RC-723. The labor organization appearing on, the ballot in this election was the Carpenters. Upon the conclusion of the election, a tally of ballots was furnished the parties. The tally showed that a majority of the em- ployees who cast valid ballots in the election voted against the Car- penters, and that the challenged ballots were not sufficient to affect the results of the election. On April 7, 1952, the Carpenters filed objections to conduct affect- ing the results of the election. The Regional Director thereupon caused these objections to be investigated, and during the investigation ascertained for the first time in this proceeding that the Carpenters had formed a local union, No. 2703, Lumber & Sawmill Workers, which had as its members employees of the Employer at the time of the issuance of the Board's Direction of Election and the holding of the election pursuant thereto. The Regional Director's report further indicates that the Carpenters had withheld from the Board's agents the fact that its local union had been established in the fall of 1951 be- fore the hearing in this case, that the local union has never complied with Section 9 (f), (g), and (h) of the Act, and has taken no steps to -effect such compliance. In his report on objections issued on June 2, 1952, and duly served upon the parties, the Regional Director pointed out that because the facts concerning the existence of the Carpenters' local union and its failure to comply with the Act had not been timely made known to the Board, the Direction of Election herein was inadvertently issued and the election pursuant thereto was inad- vertently conducted. Accordingly, he recommended that the Direc- tion of Election be vacated, that the election be held a nullity, and that the petition herein be dismissed. No exceptions thereto have been filed by the Carpenters. The Employer has excepted on the sole ground that this result would enable the Carpenters and its local union, upon the latter's compliance with the Act, to obtain a repre- sentation election in a new proceeding within 12 months from the 1 Herein called the Carpenters. 100 NLRB No. 69. .432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD date of the election herein. The Employer contends that the Carpen- ters and its local union should be denied this opportunity because of their asserted impropriety in failing to disclose the above-related facts to the Board before the election in this case was held. As no exceptions have been filed by either the Carpenters or the Employer addressed to the merits of the Regional Director's find- ings or conclusions, we 2 shall adopt his recommendations. We find it unnecessary at this time to pass, on the. Employer's exception, as the Board has been administratively advised that the Carpenters' local union does not now intend to comply with Section 9 (f), (g), and (h) of the Act, and we regard the filing of a new petition by the Carpen- ters or its local union with a request for a new election within 12 months from the date of the election herein as highly speculative. Order IT Is .HEREBY ORDERED that the Board's Decision and Direction of Election in Case No. 36-RC-723 be vacated, that the election hell- pur- suant thereto be declared a nullity, and that the petition for investi- gation and certification of representatives of employees of Brookings Plywood Corporation, filed herein by United Brotherhood of Carpen- ters & Joiners of America, AFL, in Case No. 36-RC-723, be, and it hereby is, dismissed. 2 Pursuant to the provisions of Section 8 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Murdock, and Styles]. GREENBRIER DAIRY PRODUCTS COMPANY' and LOCAL No. 175, INTER NATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSE- MEN AND HELPERS OF AMERICA, AFL, PETrrIONER. Case No. 9-HC- 1632. July 31,1952 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Lloyd R. Fraker, 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 Styles and Peterson]. Upon the entire record in this case, the Board finds : 1 The Employer's name appears as amended at the hearing. 100 NLRB No. 72.