Oregon-Washington Plywood Company

In the Matter of OREGON-WASHINGTON PLYWOOD COMPANY and INTERNATIONAL WOODWORKERS OF AMERICA Case No. R-133P.Decided May 20,1939 Lumber Industry-Investigation of Representatives : motion for leave to with- draw petition , granted ; intervening organization unopposed to motion ; petition, dismissed. Mr. Thomas P. Graham, Jr., for the Board. Mr. E. N. Eisenhower, of Tacoma, Wash., for the Company. Mr. John C. Stevenson and Mr. James J. Molthan, of Seattle, Wash., for the I. W. A. Mr. L. Presley Gill, of Seattle, Wash., for the Sawmill Union. Mr. Theodore W. Kheel, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On February 25, 1938, International Woodworkers of America, affiliated with the C. I. 0., on behalf of Local 9, herein called the I. W. A., filed with the Regional Director for the Nineteenth Region (Seattle, Washington), a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Oregon-Washington Plywood Company, Tacoma, Washington, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 16, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regula- tions-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 16, 1939, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, upon the I. W. A., and upon Lumber and Sawmill Workers Union, Local 2668, 12 N. L. R. B., No. 113. 1130 OREGON-WASHINGTON PLYWOOD COMPANY 1131 chartered by the United Brotherhood of Carpenters and Joiners of America, affiliated with the A. F. of L., herein called the Sawmill Union. Pursuant to the notice, a hearing was held on March 30, 1939, at Tacoma, Washington, before Thomas C. Wilson, he Trial Examiner duly designated by the Board. At the commencement of the hearing, counsel for the I. W. A. renewed a motion made orally before the hearing for leave to withdraw the petition. This motion was denied by the Trial Examiner and an exception to his ruling was taken by counsel for the I. W. A. Prior to the Trial Examiner's ruling on the motion and after the motion had been made, counsel for the Sawmill Union moved to intervene in the proceeding. At that juncture, he stated as follows : We consent that the motion for intervention be dismissed along with the petition, with the understanding that, if the petition is dismissed the Board loses jurisdiction of the matter. It is apparent therefrom that the Sawmill Union does not of its own volition desire to continue this proceeding. We will therefore grant the motion for leave to withdraw the petition. ORDER By virtue of Section 9 (c) of the National Labor Relations 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 ORDERED that the motion of the petitioner for leave to withdraw its petition be, and it hereby is, granted, and the afore- said case be, and it hereby is, closed.