Deep River Timber Company

In the Matter of DEEP RIVER TIMBER COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA, LOCAL No. 137 Case No. R-957 CERTIFICATION OF REPRESENTATIVES April 10, 1939 On December 30, 1938, the National Labor Relations Board, herein called the Board, issued a. Decision and Direction of Election' in the above-entitled proceeding. On January 14, 1939, the Board is- sued an Amendment to Direction of Election! On January 31, 1939, the Board issued a Supplemental Decision and Amended Direction of Election 8 The Amended Direction provided that an election by secret ballot be conducted within forty-five (45) days, among all employees of Deep River Timber Company, Deep River, Washing- ton, whose names appeared upon Board Exhibit No. 2-A introduced in evidence at the hearing, excluding the superintendent, the woods foreman, the office employees, the civil engineer, and the pile driver and bridge crew, and excluding also those employees who had since May 31, 1938, quit or been discharged for cause, to determine whether they desired to be represented by International Woodworkers of America, Local No. 11, affiliated with the Committee for Industrial Organization, or by Lumber and Sawmill Workers Union, Local No. 2615, affiliated with the American Federation of Labor, for the pur- poses of collective bargaining, or by neither. Pursuant to the Amended Direction of Election, an election by secret ballot was conducted on February 13, 1939, under the direc- tion and supervision of the Regional Director for the Nineteenth Region. Full opportunity was afforded all parties to this investiga- tion to participate in the conduct of the secret ballot and to make challenges. On March 1, 1939, the Regional Director, acting pursu- ant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties an Intermediate Report on the Election. 110N.LRB904. 210 N.L.R B 909. 9 10 N L. R. B. 909. 12 N. L. R. B., No. 24. 181 182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the balloting and its results, the Regional Director reported as follows : Total number of eligible voters______________________________ 123 Total number of ballots cast________________________________ 159 Total number of votes in favor of Local 2615, Lumber Sawmill Workers Union, A. F. of L_______________________ 62 Total number of votes in favor of Local 11, International Woodworkers of America, C. I. 0._________________________ 56 Total number of votes in favor of neither____________________ 0 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 1 Total number of challenged ballots__________________________ 40 Total number of eligible voters not voting-------------------- 4 The Regional Director further reported that the 40 challenged votes were challenged on the ground that the names of those casting such votes either did not appear on Board Exhibit No. 2-A or were excluded by Board Exhibit No. 2-B,' with the exception of one chal- lenged vote cast by a voter who did appear on Board Exhibit 2-A and was not excluded by Board Exhibit No. 2-B. The Regional Di- rector overruled the challenge with respect to the vote last mentioned. On March 3, 1939, International Woodworkers of America, Local No. 11, filed with the Regional Director exceptions to the Intermedi- ate Report on the election. The exceptions allege, in substance, that the persons whose votes were challenged at the time of the balloting are regular employees of the Company; that they were employed by the Company on May 31, 1938, the date which the Board pro- vided should be used to determine eligibility to vote in the election; and that the challenged ballots should be counted. At the hearing held on July 21, 1938, all parties indicated agree- ment that the employees of the Company within the appropriate unit whose names appeared on Board Exhibit No. 2-A should be allowed to vote in the election, excluding persons who had since May 31, 1938, quit or been discharged for cause. The Amended Direction of Election issued by the Board on January 31, 1939, so provided and no objection was raised thereto until the date of the balloting. The rulings of the Regional Director with respect to the challenged bal- lots were in accordance with the said Amended Direction of Elec- tion. Accordingly, we find the exceptions of International Wood- workers of America, Local No. 11, to be without merit. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 4 Board Exhibit No. 2-B contained the names of persons who had been discharged after May 31, 1938. DEEP RIVER LUMBER COMPANY 183 and 9, of National Labor Relations Board Rules and Regulations, Series 1, as amended, IT IS HEREBY CERTIFIED that Lumber and Sawmill Workers Union, Local No. 2615, affiliated with the American Federation of Labor, has been selected by a majority of the employees of Deep River Timber Company, Deep River, Washington, excluding the superin- tendent, the woods foreman, the office employees, the civil engineer, and the pile driver and bridge crew, as their representative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the Act, Lumber and Sawmill Workers Union, Local No. 2615, affiliated with the American Federation of Labor, 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.