011 NLRB 258
Bloedel-Donovan Lumber Mills
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membership claims of latter as to such employees withdrawn ; parent company :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.