Kingsley Lumber Company

In the Matter of KINGSLEY LUMBER COMPANY and LUMBER AND SAW- MILL WORKERS , LOCAL No. 2879 , UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA , AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR In the Matter of SOUTHEAST PORTLAND LUMBER COMPANY and LUMBER AND SAWMILL WORKERS UNION, LOCAL No. 2878, UNITED BROTHER- HOOD OF CARPENTERS AND JOINERS OFF AMERICA , AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Cases Nos. R-1300 and I?-1301, respectively CERTIFICATION OF REPRESENTATIVES August 18,1939 On June 8, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections 1 and on July 1, 1939, an Amendment to Direction of Elections 2 in the above- entitled cases. The Direction of Elections, as amended, provided that separate elections by secret ballot be conducted among the pro- duction and maintenance employees of Kingsley Lumber Company whose names appeared upon the pay roll of the Company for Febru- ary 10, 1939, including employees who did not work during such pay- roll period because they were ill or on vacation, but excluding foremen, supervisory employees of higher rank, and office employees, and ex- cluding those who had since quit or been discharged for cause, to determine whether they desired to be represented by Local No. 2879, Lumber and Sawmill Workers Union, United Brotherhood of Car- penters and Joiners of America, affiliated with the American Feder- ation of Labor, or by Local No. 3, Lumber and Sawmill Workers' Union, International Woodworkers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining; and among the production and maintenance employees of Southeast Portland Lumber Company whose names appeared on the pay roll for February 10, 1939, including employees who did not work during such pay-roll period because they were ill or on vacation and including the names.of L. W. Karr and William Sweeney, but excluding the names ofJ...Elia and I. Yerkovich, and excluding fore- 113 N. L. It. B. 174. 213 N. L. R. B. 182. 14 N. L. R. B., No. 57. 791 190935-40-vol . 14- -51 792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD men, supervisory employees of higher rank, and excluding those who have since quit or been discharged for cause, to determine whether or not they desired to be represented by Local No. 2878, Lumber and Sawmill Workers Union, United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor. On July 6, 1939, Locals Nos. 2878 and 2879 filed separate motions requesting that certain named employees hired since February 10, 1939, be permitted to vote in the respective elections which the Board had directed. Thereafter, however, on July 18, 1939, these unions petitioned for leave to withdraw the above motions. The petition for leave to withdraw said motions is hereby granted. Pursuant to the Direction of Elections, as amended, separate elec- tions by secret ballot were conducted on July 7 and 12, 1939, under the direction and supervision of the Regional Director for the Nine- teenth Region (Seattle, Washington). Full opportunity was afforded all parties to the investigations to participate in the conduct of the secret ballots and to make challenges. On July 11, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued an Intermediate Report Upon the Secret Ballot in the election held among the employees of Southeast Portland Lumber Company, and, on July 12, 1939, duly served said Intermediate. Report upon the, parties. On July 13, 1939, the Regional Director, acting pursuant to said Rules and Regulations, issued and duly served upon the parties an Intermediate Report. Upon the Secret Ballot in the election held among the employees of Kingsley Lumber Company. As to the results of the secret ballots, the, Regional Director reported as follows : Employees of Kingsley Lumber Company Total number eligible voters--------------------------------- 98 Total number of ballots cast--------------------------------- 90 Total number of votes in favor of Lumber and Sawmill Workers Local No. 2879, A. P. ofL---------------------------------- 51 Total number of votes in favor of Lumber and Sawmill Workers Local No. 3, I. W. A., C. I. 0------------------------------- 27 Total number of votes in favor of neither--------------------- 0 Total number of blank ballots ------------------------------- 0 Total number of void ballots--------------------------------- 0 Total number of challenged votes---------------------------- 12 Total number of eligible voters not voting--------------------- 8 Employees of Southeast Portland Lumber Company Total number eligible voters--------------------------------- 82 Total number of ballots cast--------------------------------- 77 Total number of votes in favor of Lumber and Sawmill Workers . Union, Local No. 2878------------------------------------- 70 KINGSLEY LUMBER COMPANY 793 Total number of votes against Lumber and Sawmill Workers Union, Local No. 2878------------------------------------- 7 Total number of blank ballots------------------------------- 0 Total number of void ballots --------------------------------- 0 Total number of challenged votes---------------------------- 0 Total number of eligible voters. not voting-------------------- 5 On July 21,1939, Local No. 3, Lumber and Sawmill Workers Union, International Woodworkers of America, filed objections to the Inter- mediate Report Upon the Secret Ballot in the election held among the employees of Kingsley Lumber Company and requested that said election be set aside. The Regional Director has advised that most of the matters contained in the, objections were included`in charges and a complaint upon which the Board issued its Decision and Order 3 on March 10, 1939, upon the consent of the Company. As to the other matters raised in the objections, Local No. 3 submitted no proof in support of its allegations. The Board has considered these objections and finds that they do not raise substantial and material issues with respect to the conduct of the ballot and they are hereby overruled.. The request that the election be set aside is hereby denied. In the case involving the election held among employees of Southeast Port- land Lumber Company no objections or exceptions to the Intermediate Report Upon the Secret Ballot have been filed by any of the parties. 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, Sections 8 and 9, of National Labor Relations. Board Rules and Regulations-Series 2, IT Is HEREBY CERTIFIED that Local No. 2879, Lumber and. Sawmill Workers Union, United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, has been designated and selected by a majority of the production and mainte- nance employees of Kingsley Lumber Company, excluding foremen, supervisory employees of higher rank, and office employees, as their representative for the purposes of collective bargaining, and that, pur- suant to Section 9 (a) of the Act, Local No. 2879, Lumber and Sawmill Workers Union, United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, is the ex- clusive representative of all such employees for the purposes of col- lective bargaining in respect to rates of pay, wages, hours of employ- ment, and other conditions of employment; and IT IS HEREBY CERTIFIED that Local No. 2878, Lumber and Sawmill Workers Union, United Brotherhood of Carpenters and Joiners of 3 Matter of Kingsley Lumber Company and Lumber and Sawmill Workers, Local No. 3, International Woodworkers of America, affiliated with the Congress of Industrial Organiza- tions, 11 N. L. R. B. 1058. 794 DECISIONS OF NATIONAL LABOR RELATIONS BOARD America, affiliated with the American Federation of Labor, has been, designated and selected by a majority of the production and mainte- nance employees of Southeast Portland Lumber Company, excluding foremen and supervisory employees of higher rank, as their repre- sentative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Local No. 2878, Lumber and Sawmill Work- ers Union, United Brotherhood of Carpenters and Joiners of America, 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.