011 NLRB 258

Bloedel-Donovan Lumber Mills

Last amended: 1939Year: 1939Length: 5,144 wordsOfficial source
In the Matter of BLOEDEL-DONOVAN LUMBER MILLS and COLUMBIA VALLEY LUMBER COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA, LOCAL No. 46 Case No. 8-695 Lumber Industry-Supplemental Decision : on further hearing after stipula- tion between rival unions affecting unit found in original Decision ; no issue as to jurisdiction-Units Appropriate for Collective Bargaining : retail subsidiary: by stipulation , all employees , excluding supervisory employees with authority to hire and discharge and office employees , separate unit; upon request of unions claiming membership among employees of subsidiary , truck drivers also excluded ; no objection to such exclusion by companies or by petitioning organization ; membership claims of latter as to such employees withdrawn ; parent company : original Decision found all employees, excluding supervisory employees with authority to hire and discharge and office employees, part of industrial unit ; unions intervening at further hearing requested separate unit for truck drivers, garagemen and helpers in fuel department ; history of separate collective bargain- ing upon behalf of such employees ; no evidence introduced by petitioning organization specifically directed to contention for such separate unit ; con- siderations evenly balanced ; appropriate unit or units to be resolved by desires of employees in elections-Contracts : oral agreement with parent company on behalf of truck drivers , garagemen and helpers not asserted as bar to determina- tion of representatives ; exclusive bargaining contract between parent company and "inside" union, formed after date of original Decision and dissolved prior to hearing, likewise no bar-Certification of Representatives : as to unit consisting of employees of subsidiary ; on basis of petition signed by members, by stipula- tion betti-,een unions concerned ; no objection by companies-Elections Ordered: separately for truck drivers, garagemen and helpers in fuel department , and for other employees of parent company ; eligibility determined by pay -roll list for last period of normal operations in logging camp and by "active" lists of employees actually working prior to first hearing and others who might reason- ably expect reemployment ; operations curtailed ; rehiring done on basis of lists, in order of seniority ; except employees who have since quit or been discharged for cause. Mr. William A. Babcock, for the Board. Mr. W. H. Abott and Mr. Harold Lant, of Bellingham, Wash., and Mr. Charles H. Paul, of Seattle, Wash., for the parent Company and the Columbia Company. Mr. Paul Coughlin, of Seattle, Wash., for the I. W. A. Mr. L. Presley Gill, of Seattle, Wash., for the old Sawmill Union, the new Sawmill Union, and the Teamsters Union. Mr. L. W. Garrison, of Olympia, Wash., for the Boommen and Rafters Union. Mr. David Y. Campbell, of counsel to the Board. 11 N. L. R. B., No. 26. 258 BLOEDEL-DONOVAN LUMBER MILLS ET AL. SUPPLEMENTAL DECISION CERTIFICATION OF REPRESENTATIVES AND DIRECTION OF ELECTIONS 259 February 14, 1939 On July 12, 1938, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election 1 in the above- entitled proceeding, directing that an election be conducted within twenty (20) days from the date of the Direction , under the direction and supervision of the Regional Director for the Nineteenth Region (Seattle, Washington), among the employees of Bloedel-Donovan Lumber Mills, herein called the parent Company, employed at its Cargo mill , including the crib boom , Larson mill, sash and door fac- tory, box factory, fuel department, and garage, herein called the Bellingham operations , and Saxon camp, and among all employees of Columbia Valley Lumber Company, herein called the Columbia Company, employed during the last pay-roll period in each of said operations, respectively, next preceding the date of said Direction, excluding supervisory employees with authority to hire and discharge, office employees, and those who have since quit or been discharged for cause, to determine whether such employees desire to be represented by International Woodworkers of America , Local No. 46, affiliated with the Committee for Industrial Organization , herein called the I. W. A., or by Lumber and Sawmill Workers Union, Local No. 2508, affiliated with the American Federation of Labor, herein called the old Sawmill Union , for the purpose of collective bargaining, or by neither. On July 29, 1938 , the Board amended its Direction of Elec- tion 2 to provide that the election be held at such time as the Board may in the future direct. On December 3,1938, the I. W. A. and the old Sawmill Union entered into a stipulation concerning their respective claims as to the appro- priate unit and as to, membership . Said stipulation, which was filed with the Board, was not signed by either the parent Company or the Columbia Company. The stipulation provided in substance, subject to approval by the Board : ( a) that the I. W. A. withdrew its claims to represent em- ployees of the Columbia Company; (b) that the old Sawmill Union withdrew its claims to represent employees of the parent Company; (c) that either the old Sawmill Union be certified as bargaining repre- 18 N. L. R. B. 230. 2 8 N. L. R. B. 240 260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sentative for employees of the Columbia Company, or that the amended petition filed by the I. W. A. on March 26, 1938, be treated as further amended by striking out the allegation therein that a question affecting commerce had arisen concerning representation of employees of the Columbia Company. On December 16, 1938, the Board issued its order granting leave to the I. W. A. to amend its amended petition in accordance with the terms of the stipulation, dismissing the proceeding as to the Columbia Company without prejudice, and reopening the record for further hearing upon the issues raised by the amended petition, as amended. Thereafter, on January 9, 1939, the Board issued its order vacating and setting aside said order of December 16, 1938, and reopening the record for further hearing on the issues raised by the original amended petition filed by the I. W. A. on March 26, 1938, and by the aforesaid stipulation. On January 9, 1939, the Regional Director issued an amended notice of hearing, copies of which were duly served upon the parent Company, the Columbia Company, the I. W. A., and the old Sawmill Union. Copies of the amended notice of hearing were likewise duly served upon United Brotherhood of Carpenters and Joiners of Amer- ica, Lumber and Sawmill Workers Union, Local No. 2667, herein called the new Sawmill Union, upon Local 231, International Brother- hood of Teamsters, Chauffeurs, Stablemen and Helpers of America, herein called the Teamsters Union, both affiliated with the American' Federation of Labor, and upon International Woodworkers of Amer- ica, Boommen and Rafters Union, Local No. 199, herein called the Boommen and Rafters Union, affiliated with the Committee for In- dustrial Organization, labor organizations claiming to represent em- ployees directly affected by the investigation. At the hearing the Boommen and Rafters Union withdrew its claim to represent any employees of the parent Company and designated the I. W. A. to act as collective bargaining representative for its members. A copy of the amended notice served upon Independent Sawmill Workers Union, herein called the Independent, a labor organization likewise claiming to represent employees directly affected by the investigation, was returned unclaimed. At the hearing it appeared that said union had been dissolved by vote of its members on December 31, 1938, and that on the same date members of said union had duly transferred their membership and affiliation to the new Sawmill Union. Pursuant to the amended notice, a hearing was held on January 16, 1939, at Bellingham, Washington, before Gustaf B. Erickson, the Trial Examiner duly designated by the Board. At the hearing the old Sawmill Union, the new Sawmill Union, and the Teamsters Union each filed motions for leave to intervene in the proceeding. BLOEDEL-DONOVAN LUMBER MILLS ET AL . 261 These motions were granted by the Trial Examiner. The Board, the parent Company, the Columbia Company, the I. W. A., the old Sawmill Union, the new Sawmill Union and the Teamsters Union were represented by counsel and participated in the hearing. The Boommen and Rafters Union was represented by one of its officials and likewise participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. At the hearing the I. W. A. moved to amend its amended petition to exclude em- ployees of the Columbia Company from the unit alleged to be appro- priate. This motion was not ruled on by the Trial Examiner. The motion is hereby granted. During the course of the hearing the Trial Examiner made various rulings on other motions and on objections to the admission of evidence. The Board has reviewed these rulings and finds that no prejudicial errors were committed. All the rulings are hereby affirmed. The Issues The record made on the further hearing raises no issue as to the Board's jurisdiction. It is, therefore, unnecessary to reconsider our previous findings of fact and conclusion of law in this respect. The issues raised by the further hearing relate to the appropriate unit and the determination of representatives. Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT 1. THE APPROPRIATE UNIT In February 1938, the parent Company requested the I. W. A. to agree to a general wage reduction. The I. W. A. refused to agree to the proposed reduction and subsequent negotiations failed to resolve the conflict. Following the first hearing in April 1938, the parent Company curtailed its operations and temporarily closed the Cargo and Larson mills. Operations at the Saxon camp have not been resumed since the seasonal shut-down in December 1937. On October 16, 1938, the Independent was formed, admitting to membership employees of the parent Company at the Bellingham operations. On December 3 the I. W. A. and the old Sawmill Union entered into the stipulation mentioned above. On December 10 the parent Company entered into an exclusive bargaining contract with the Independent. Agreement was reached between the Independent and the parent Company for a general reduction in wages. On De- cember 12 the parent Company reopened the Cargo mill, and on De- 164275-30-vol xi-18 262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cember 27 it resumed operation of the Larson mill. Since December 12 and until the date of the hearing the I. W. A. has picketed the Bellingham operations. On December 31 the Independent was dissolved by vote of its members, who simultaneously voted to affiliate themselves as mem- bers of the new Sawmill Union. Acting upon demands by the new Sawmill Union, the parent Company, on January 10, 1939, tempo- rarily restored the wage schedule existing prior to the reduction, to be effective on January 16. The old Sawmill Union, the new Sawmill Union, and the Team- sters Union agree that all employees of the Columbia Company, ex- cluding truck drivers, supervisory employees with authority to hire and discharge, and office employees, constitute a separate unit appro- priate for the purposes of collective bargaining. The I. W. A. stipu- lated that the employees of the Columbia Company constitute a separate unit. The Columbia Company and the parent Company agree that the employees of the Columbia Company constitute a separate unit and do not object to the exclusion of the truck drivers from such unit. Under these circumstances we find this unit appro- priate and hereby modify our previous findings in this respect. With reference to employees of the parent Company, the conten- tions of the I. W. A., the new Sawmill Union, and the Teamsters Union are in conflict only with respect to the inclusion in the larger unit of the truck drivers, garagemen and helpers employed in the fuel department. It is agreed by the three unions and by the parent Company that the remaining employees of the Bellingham operations and employees of the Saxon camp, except supervisory employees with authority to hire and discharge and office employees, constitute a single unit. The old Sawmill Union does not claim to represent any employees of the present Company. Both the new Sawmill Union and the Teamsters Union contend that the truck drivers, garagemen and helpers employed by the parent Company in its fuel department should be separated from the other employees. Such employees are eligible to membership in the Team- sters Union, but are not admitted to membership in the new Sawmill Union. While the Teamsters Union claims to represent the truck drivers, garagemen, and helpers of the parent Company and the truck drivers of the Columbia Company, it is not clear from the record whether it claims that such employees of both companies constitute a single unit or whether such employees of each company constitute two separate units. Above we have excluded the truck drivers from the unit composed of the generality of employees of the Columbia Company. No labor organization contests the claim of the Teamsters Union-to represent BLOEDEL-DONOVAN LUMBER MILLS ET AL. 263 the truck drivers of the Columbia Company; nor does it appear that either company has questioned the Teamsters Union's claim. The Teamsters Union has bargained separately with the Columbia Com- pany for the truck drivers since 1935 and has an existing oral agree- ment with that company. Under these circumstances we assume that the Teamsters Union desires to continue bargaining with the Co- lumbia Company on the basis of a separate unit. It follows, there- fore, that no question concerning representation of the truck drivers of the Columbia Company exists. There remains the question whether the truck drivers, garagemen and helpers employed by the parent Company in its fuel department constitute a unit apart from the other employees of the parent Com- pany. The new Sawmill Union and the Teamsters Union urge in support of such a unit that such employees have since 1935 bargained through the Teamsters Union, which has an existing oral agreement with the parent Company. The I. W. A. contends that the only proper exclusions from the industrial unit claimed by it are supervisory employees with author- ity to hire and discharge and office employees. It introduced no evi- dence, however, specifically directed toward the question here pre- sented. The truck drivers, garagemen and helpers are eligible to membership in the I. W. A., and some of them have in fact become members of the I. W. A. It appears that the employees in question are engaged in hauling and delivering "hog" fuel and fuel sold to retail and wholesale consumers and in maintaining the trucks and equipment so used. The record shows, and we have so found in our original Decision and Direction of Election, that the truck drivers, garagemen and helpers may properly be included in the industrial unit. On the other hand, the record shows a history of successful collective bar- gaining separately upon behalf of such employees by the Teamsters Union since 1935. The considerations affecting the exclusion or inclusion of the truck drivers, garagemen and helpers are thus put in balance. Under these circumstances we will allow the desires of the employees concerned themselves to determine the issue.2 As stated in Section II below, we are not satisfied on the record as a whole that a majority of the truck drivers, garagemen and help- 8 See Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local No . 3; International Association of Machinists, District No 54; Federal Labor Union 18788, and United Automobile Workers of America, 3 N. L. R. B. 294. See also, Matter of Pacific Greyhound Lines and Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America ; Matter of Pacific Greyhound Lines and Brotherhood of Railroad Trainmen, 9 N L. R. B. 557. Cf. Matter of Des Moines Steel Company and Lodge 2071, Amalgamated Association of Iron, Steel it Tin Workers of North America, etc., 6 N. L. It. B. 532 , 536; Matter of Armour it Company and, Amalgamated Meat Cutters and Butcher Workmen of North America , Local No. 235, 10 N. L. R. B. 912. 264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ers employed by the parent Company have designated either the I. W. A. or the Teamsters Union. Accordingly, upon the results of the elections directed below will depend the determination in this proceeding of the unit or units among employees of the parent Company appropriate for the purposes of collective bargaining. We find that all employees of the Columbia Company, excluding truck drivers, supervisory employees with authority to hire and discharge, and office employees, constitute a separate unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Columbia Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. II. THE DETERMINATION OF REPRESENTATIVES In June 1938, there were approximately 25 employees in the ap- propriate unit at the Columbia Company. At the first hearing the old Sawmill Union introduced in evidence a petition signed by. certain employees of the Columbia Company designating the old Sawmill Union as their bargaining representative. The record and a comparison of this petition with the June 1938 pay-roll list, which is in evidence, show that approximately 17 of the employees of the Columbia Company in said unit in June 1938, were members of the old Sawmill Union. The I. W. A. and the new Sawmill Union both agreed that the old Sawmill Union may be certified as the exclusive representative of employees in said unit. The companies did not challenge the old Sawmill Union's showing that it represented a majority of the employees in said unit. We find that the old Sawmill Union has been designated and selected by a majority of the employees of the Columbia Company in the appropriate unit as their representative for the purposes of col- lective bargaining. It is, therefore, the exclusive representative of all employees in such unit for the purposes of collective bargaining, and we will so certify. With regard to employees of the parent Company, the I. W. A., the new Sawmill Union, and the Teamsters Union each introduced in evidence signed designations of their members. The number of designations of each union constitutes a majority of employees in the respective units alleged by each to be appropriate. There is, how- ever, duplication of membership between the I. W. A. and the new Sawmill Union and between the I. W. A. and the Teamsters Union. We cannot, on the present record, determine the conflicting claims as to membership. Moreover, there is a question as to whether or not the truck drivers, garagemen and helpers should constitute a separate BLOEDEL-DONOVAN LUMBER MILLS ET AL. 265 unit, which we have held will depend for its determination upon the ,desires of such employees themselves. The Teamsters Union, we have found, has an existing oral agree- anent with the parent Company. No claim is made that this agreement is a bar to a determination of representatives. Likewise, the contract -between the parent Company and the Independent presents no bar. The Independent was dissolved on December 31, 1938. The new Saw- mill Union asserts no right or interest in said contract, and the parent Company regards the contract as no longer in force and effect. We think, therefore, that the question concerning representation of employees of the parent Company can best be resolved by the holding of two separate elections by secret ballot. The first election shall be conducted among the truck drivers, garagemen and helpers, employed by the parent Company in its fuel department, to determine whether they desire to be represented by the I. W. A., by the Team- sters Union, or by neither organization. The second election shall be among all employees of the parent Company at its Bellingham operations and its Saxon camp, excluding supervisory employees hav- ing authority to hire and discharge, office employees, and truck driv- ers, garagemen and helpers employed in the fuel department, to 'determine whether such employees desire to be represented by the I. W. A., by the new Sawmill Union, or by neither organization. If a majority of the truck drivers, garagemen and helpers vote for the Teamsters Union, we will determine that such employees constitute a separate unit appropriate for the purposes of collective bargaining, and we will certify the Teamsters Union as the duly chosen represen- tative of that unit. If a majority of the truck drivers, garagemen, and helpers vote.for the I. W. A., we will determine that such em- ployees are part of a single unit with the other employees of the parent Company. There was introduced in evidence at the further hearing a com- posite list of employees employed at the parent Company's Belling- ham operations, including truck drivers, garagemen and helpers, dur- ing the pay-roll period ending February 15, 1938, the last normal period prior to the curtailment of operations. There are also in evidence certain "active" lists 4 for each of the Bellingham operations, prepared on March 9 and 10, 1938. These active lists comprise all persons actually employed by the parent Company in each of said operations on the dates of their preparation, together with em- ployees of said operations who, although not actually working, might reasonably expect reemployment. To the extent that employees on the February 15, 1938, pay roll were working or were eligible for d Board Exhibits Nos. 11-15, inclusive. 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD reemployment on March 9 and 10, 1938, their names are included in such active lists. In addition, some 44 other employees, not actually working in the first half of February, are included. In resuming and increasing operations the parent Company's policy is to rehire employees on said active lists in order of seniority, in so far as they remain available. While none of the parties objected to the use of the February 15, 1938, pay roll for the purpose of determining eligi- bility to vote in the elections, neither were there objections to the use of the active lists, and the latter were agreed upon by the I. W. A. and the old Sawmill Union in the stipulation entered into December 3, 1938. Those employed in the Bellingham operations, including truck drivers, garagemen, and helpers, whose names appear on the "active" lists, excluding those who have since quit or been discharged for cause, shall be eligible to vote in the elections. As to employees at the Saxon camp it is stipulated that the No- vember 1937 pay-roll list 5 be used for the purpose of determining eligibility. The camp has not since been in normal operation. When operations at the camp are resumed the parent Company will rehire employees whose names appear on said list so far as then available. Those employed at the Saxon Camp whose names appear on the November 1937 pay-roll list, excluding those who have since quit or been discharged for cause, shall be eligible to vote. The record shows that the employees of the grade crew, the bridge crew, and employees classified as "sundry" on construction work will not be reemployed since their work has been completed. Such employees have in effect quit or been discharged for cause and thus will be excluded from participation in the elections. The above findings of fact require a modification of the conclu- sions of law and Direction of Election set forth in our original Deci- sion. They are hereby withdrawn. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Bloedel -Donovan Lumber Mills and Colum- bia Valley Lumber Company, Bellingham, Washington, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All employees of the Columbia Company, excluding truck driv- ers, supervisory employees with authority to hire and discharge, and office employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 'Board Exhibit No. 16. BLOEDEL-DONOVAN LUMBER MILLS ET AL. 267 3. Lumber and Sawmill Workers Union, Local No. 2508, is the exclusive representative of all employees of the Columbia Company in such unit for the purposes of collective bargaining, within the meaning of Section 9 (a) of the Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that Lumber and Sawmill Workers Union, Local No. 2508, has been designated and selected by a majority of the employees of Columbia Valley Lumber Company, Bellingham, Wash- ington, excluding truck drivers, supervisory employees with authority to hire and discharge, and office employees, as their representative for the purpose of collective bargaining and that, pursuant to the provi- sions of Section 9 (a) of the Act, Lumber and Sawmill Workers Union, Local No. 2508, 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. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with Bloedel-Donovan Lumber Mills, Bellingham, Washing- ton, separate elections by secret ballot shall be conducted within forty (40) days from the date of this Direction, under the direction and supervision of the Regional Director for the Nineteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regu- lations, among the employees of Bloedel-Donovan Lumber Mills who fall within each of the groups described below : (a) All persons employed at the Cargo mill, including the crib boom, Larson mill, sash and door factory, box factory, fuel depart- ment, and garage, whose names appear on the "active" lists of em- ployees in said operations dated March 9 and 10, 1938, being Board Exhibits Nos. 11 to 1.5, inclusive, and all persons employed at the 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Saxon camp, whose names appear on the pay-roll list for November 1937, being Board Exhibit No. 16, excluding truck drivers, garage- men and helpers employed in the fuel department, supervisory em- ployees with authority to hire and discharge, office employees, and those who have since quit or been discharged for cause, to determine whether such employees desire to be represented by International Woodworkers of America, Local No. 46, affiliated with the Commit- tee for Industrial Organization, or by United Brotherhood of Car- penters and Joiners of America, Lumber and Sawmill Workers Union, Local No. 2667, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither; (b) All truck drivers, garagemen and helpers employed in the fuel department, whose names appear on the "active" list of em- ployees in said department dated March 9, 1938, being Board Ex- hibit No. 15, excluding supervisory employees with authority to hire and discharge and those who have since quit or been discharged for cause, to determine whether such employees desire to be represented by International Woodworkers of America, Local No. 46, affiliated with the Committee for Industrial Organization, or by Local 231, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Supplemental Decision, Certification of Representatives, and Direction of Elections. [SAME TITLE] AMENDMENT TO DIRECTION OF ELECTIONS February 21, 1939 On February 14, 1939, the National Labor Relations Board, herein called the Board, issued a Supplemental Decision, Certification of Representatives, and Direction of Elections in the above-entitled proceeding. The Board hereby amends said Direction of Elections by striking from subsection (b) thereof the words and figures "Board Exhibit No. 15" and substituting therefor the words and figures "Board Exhibit No. 14." MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Amendment to Direction of Elections. 11 N. L. R. B., No. 26a. BLOEDEL-DONOVAN LUMBER MILLS ET AL. SAME TITLE] ORDER 269 March 3, 1939 The record in the above-entitled proceeding having been reopened, further hearing having been had, and the Board having issued a Supplemental Decision, Certification of Representatives and Direction of Elections thereon, directing elections among certain employees of Bloedel-Donovan Lumber Mills, excluding, inter alia, employees of the bridge crew, the grade crew, and employees classified as "sundry" on construction work at the Saxon camp whom the Board found had quit or been discharged for cause since November 1937; and, thereafter, on March 1, 1939, International Woodworkers of America, Local No. 46, having filed a "Motion to Amend Decision and Direction," sup- ported by affidavit, requesting that the said Direction of Elections be amended to include among employees of the Saxon camp eligible to vote in the said elections, the said employees of the bridge crew, the grade crew, and those classified as "sundry" on construction work, and the Board having duly considered the matter and having found that the matters contained in the said "Motion to Amend Decision and Direction" cannot be determined without the taking of further evidence, and the movant, having consented to a determination of the matter requested by the said "Motion to Amend Decision and Direc- tion" after the said elections have been held, IT Is HEREBY ORDERED that the following persons whose names appear on Board Exhibit No. 16: Nels Warnes, John Morell, M. McLennan, Edward Hood, H. C. Muce, John Maleng, L. H. Green, A. W. Horton, Vern Morgan, and Elias Melhus, shall be allowed to vote in the said election directed among employees of Bloedel-Donovan Lumber Mills described in paragraph (a) of the said Direction of Elections, and that the ballots cast by the aforesaid persons shall be segregated and not counted pending a determination on the matters contained in and requested by the said "Motion to Amend Decision and Direction." MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Order. 11 N. L. R. B., No. 26b.
011 NLRB 258: Bloedel-Donovan Lumber Mills | Justis AI