Pike Lumber Co., Inc.

172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD his right to vote. The Regional Director recommended that the- chal-lenges. to the ballots of these employees be overruled. The Employer generally excepts to these findings and recommendations but adverts to no specific evidence in support of its exceptions! Accordingly, we adopt the Regional Director's recommendation and overrule the chal- lenges to- the ballots of these four, eemployees.' As no exceptions were filed to the Regional Director's recommen- dations that challenges to the two other ballots cast by George Col- lins and John Jones be sustained, we sustain these challenges. - [The Board directed that the Regional Director for the Fourteenth Region shall, within ten (10) days from, the date of this Direction, open and count the ballots of Gilfort Holmes, Orlander Moore, Willey Thomas, and Charles E. Cotton and serve upon the parties a supple- mental tally of ballots.] a Although the Employer excepted to the , I{egional Director's recommendation to over= rule the challenge to the ballot of Collins, we assume that the Employer meant Cotton and not Collins , in view of the fact that the 'Regional Director recommended that,the challenge to the ballot of Collins be sustained. s National Foundry Company of New York, Inc., 112 NLRB 1214. In connection with the challenge as to Cotton, we note that union membership has no bearing on an employee's eligibility to vote. A fundamental purpose of the Act is "protecting the exercise by workers of full freedom of association , self-organization, and designation of representatives of their own choosing." ( Section 1.) Pike Lumber Co., Inc. and International Union of Operating Engineers, Local No. 83, AFL, Petitioner. Case No. 19-RC-1674. September 23, 1955 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor -Relations Act, a hearing was -held-before-Patrick H. W-alker,,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 National Labor Relations Act, the Board has delegated its powers in connection with- this case to a three-member panel [Acting Chairman Rodgers and Members Peterson and Leedom]. ' Upon the entire-record in-this=case;^the Board finds : - 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization involved claims, to represent employees of the"Employer. - 3. No question affecting commerce exists concerning the representa= tion of employees of the Employer within the meaning of Section 9 114 NLRB No. 154. SCHWIEN ENGINEERING CO. 173 (c) (1) and Section 2 (6) and (7) of the Act, for the following masons : Petitioner seeks to represent a unit of all stationary engineers and firemen employed in the powerhouse of the Employer's Spokane, Washington, plant. At this plant, the Employer processes logs into green and dry lumber. Pursuant to a Board election held in 1946, Local 10-100 of the In- ternational Woodworkers of America, CIO, was certified as the rep- resentative of all the Employer's production and maintenance em- ployees. Following certification, Local 10-100 and the Employer en- tered into successive collective-bargaining agreements. In 1950 an- other election was conducted, covering the same unit, which resulted in the, decertification of Local 10-100. Since 1950 all employees have been without representation. The Employer contends that the unit sought herein is not appropriate. The Board has held that the only appropriate unit in a primary lumber manufacturing operation, such as that in which the Em- ployer is engaged, is a production and maintenance unit.' For this reason, we find that the requested departmental unit is inappropriate. Accordingly, we shall dismiss the petition herein. ".[The Board dismissed the petition.] 'Weyerhaeuser Timber Company, 87 NLRB 1076; cf. American Potash d Chemwai Corporation, 107 NLRB 1418 ; Seattle Cedar Lumber Manufacturing Company, 112 NLRB 54. Schwien Engineering Co.' and Local #990, International Union, United Automobile Workers of America (UAW-AFL), Peti- tioner. Case No.. 21-RC-3876. September 26, 1955 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 George H. O'Brien, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 organizations involved claim to represent certain employees of the Employer.' The name of the Employer appears as amended at the hearing. International Association of Machinists , in behalf of District Lodge No. 727 and affiliate Local Lodge No. 758, was permitted to intervene on the basis of a showing of interest for intervention. 114 NLRB No. 42.