Bloedel-Donovan Lumber Mills and Columbia Valley Lumber Company

In the Matter of BLOEDEL-DONOVAN LUMBER MILLS and COLUMBIA VALLEY LUMBER COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA, LOCAL No. 46 Case No. R-695 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES A sl 10, 1939 On March 11, 1939, pursuant to a Supplemental Decision, Certifica- tion of Representatives, and Direction of Elections, as amended," of the National Labor Relations Board, herein called the Board, the Regional Director for the Nineteenth Region (Seattle, Washington) conducted elections by secret ballot among the following two groups of employees of Bloedel-Donovan Lumber Mills, Bellingham, Washington, herein called the Company : (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 appeared on the "active" lists of employees in said operations dated March 9 and 10, 1938, being Board Exhibits Nos. 11 to 15, inclusive, and all persons employed at the Saxon camp, whose names appeared 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 had since quit or been discharged for cause, to determine whether such employees desired 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 United Brotherhood of Carpenters and Joiners of America, Lumber and Sawmill Workers Union, Local No. 2667, affiliated with the American Federation of Labor, herein called the Sawmill Union, for the pur- poses of collective bargaining, or by neither; (b) All truck drivers, garagemen and helpers employed in the fuel department, whose names appeared on the "active" list of em- Ill N. L R. B 258, and 11 N. L. R. B. 268, 269. 12 N. L. R. B., No. 23. 177 178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees in said department dated March 9, 1938, being Board Exhibit No. 14, excluding supervisory employees with authority to hire and discharge and those who had since quit or been discharged for cause, to determine whether such employees desired to be represented by the I. W. A., or by Local 231, International Brotherhood of Team- sters, Chauffeurs, Stablemen and Helpers of America, affiliated with the American Federation of Labor, herein called the Teamsters Union, or by neither. On March 15, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued, and on March 16, 1939, duly served upon all the parties his Intermediate Report on these elec- tions. As to the elections and their results, the Regional Director reported as follows : Group (a) Total number eligible to vote_______________________________ 1106 Total number of ballots cast________________________________ 1032 Total number of votes in favor of the I. W. A________________ 477 Total number of votes in favor of the Sawmill Union -- ------ 538 Total number in favor of neither ____________________________ 3 Total number of void ballots ________________________________ 1 Total number of challenged ballots_________ _________________ 13 Total number of blank ballots______________________________ 0 Total number of eligible voters not voting -------------------- 74 Group (b) Total number eligible to vote_ _______________________________ 21 Total number of ballots cast________________________________ 21 Total number of votes in favor of the I. W. A________________ 6 Total number of votes in favor of the Teamsters Union_ ______ 15 Total number of void ballots ________________________________ 0 Total number of challenged ballots__________________________ 0 Total number of blank ballots_______________________________ 0 Total number of eligible voters not voting____________________ 0 On March 20, 1939, the I. W. A. filed with the Regional Director objections to his Intermediate Report, alleging that supervisory offi- cials of the Company before the elections had attempted by oral and written statements to intimidate and coerce the employees to vote for the Sawmill Union and the Teamsters Union. The Regional Direc- tor, upon investigation, found that none of these objections raised a substantial and material issue with respect to the conduct of the ballot and so reported to the Board. The Board has considered the objections and the Regional Director's report. The Board finds that these objections raise no substantial and material issues with respect to the conduct of the ballot. BLOEDEL-DONOVAN LUMBER MILLS 179 In its Supplemental Decision, previously referred to, the Board stated that the determination of the appropriate unit or units for collective bargaining would depend upon the results of the elections. The Board said : 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 col- lective bargaining, and we will certify the Teamsters Union as the duly chosen representative of that unit. If a majority of the truck drivers, garagemen, and helpers vote for the I. W. A., we will determine that such employees are part of a single unit with the other employees of the . . . Company. Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that all employees of the Company at its Cargo mill, in- cluding the crib boom, Larson mill, sash and door factory, box fac- tory, fuel department, garage, and Saxon camp, excluding truck drivers, garagemen and helpers employed in the fuel department, supervisory employees with authority to hire and discharge, and office employees, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the National Labor Relations Act. We find that all truck drivers, garagemen and helpers employed in the fuel department of the Company, excluding supervisory em- ployees with authority to hire and discharge, constitute a unit appro- priate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the National Labor Relations Act. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSIONS OF LAW 1. All employees of Bloedel-Donovan Lumber Mills, Bellingham, Washington, at its Cargo mill, including the crib boom, Larson mill, sash and door factory, box factory, fuel department, garage, and Saxon camp, excluding truck drivers, garagemen and helpers employed in the fuel department, 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 National Labor Relations Act. 169134-39-vol 12-13 180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. All truck drivers, garagemen and helpers employed in the fuel department of Bloedel-Donovan Lumber Mills, Bellingham, Wash- ington, excluding supervisory employees with authority to hire and discharge, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations 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, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that United Brotherhood of Carpenters and Joiners of America, Lumber and Sawmill Workers Union, Local No. 2667, affiliated with the American Federation of Labor, has been designated and selected by a majority of all employees of Bloedel- Donovan Lumber Mills, Bellingham, Washington, at its Cargo mill, including the crib boom, Larson mill, sash and door factory, box factory, fuel department, garage, and Saxon camp, excluding truck drivers, garagemen and helpers employed in the fuel department, supervisory employees with authority to hire and discharge, and office employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, United Brotherhood of Carpenters and Joiners of America, Lumber and Saw- mill Workers Union, Local No. 2667, affiliated with the American Federation of Labor, is the exclusive representative of such em- ployees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of em- ployment; and IT IS HEREBY CERTIFIED that Local 231, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, affil- iated with the American Federation of Labor, has been designated and selected by a majority of all truck drivers, garagemen and help- ers employed in the fuel department of Bloedel-Donovan Lumber Mills, Bellingham, Washington, excluding supervisory employees with authority to hire and discharge, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Local 231, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, affiliated with the American Federation of Labor, is the exclusive representative of such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.