Eastern Western Lumber Company

In the Matter of EASTERN WESTERN LUMBER COMPANY and LUMBER AND SAWMILL WORKERS UNION, LOCAL No. 2881, CHARTERED BY UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AF- FILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1155 SUPPLEMENTAL DECISION AND SUPPLEMENTAL DIRECTION August 09, 1939 On April 11,, 1939, the National Labor Relations Board, herein called. the Board, issued a Decision and Direction of Election in the above-entitled case.' The, Direction of. Election directed that an election by secret ballot be conducted within twenty (20) days from the date.of the-Direction of Election among all plant and production employees employed by Eastern Western Lumber,.Company, during the pay-roll period next preceding the., date of said Direction of Elec- tion, excluding office employees, -foremen, and other supervisory em- ployees,- to, determine . whether, they desired to be represented by Lumber and Sawmill Workers Union, Local No. '2881, chartered by United Brotherhood of Carpenters and Joiners of America, herein called Local No. 2881, affiliated with the American Federation of Labor, or by Lumber and Sawmill Workers Union, Local No. 3; In- ternational Woodworkers of America, herein called Local No. 3, affiliated with the Committee for Industrial Organization, for the .purposes of collective bargaining, or by neither. Pursuant to the Direction, an election by secret ballot was con- ducted on April 28, 1939, under the direction and supervision of the Regional Director for the Nineteenth Region (Seattle, Washington). On May 23, 1939; the said Regional Director, acting pursuant 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 upon the secret ballot. , 112 N. L. R. B. 209. 14. N. L.. R. B., No. 94. 1176• EASTERN WESTERN LUMBER COMPANY 1177 As to the balloting and its results, the Regional Director reported as follows : Total number eligible voters_____________ ________________ 253 Total number of ballots cast_______________________________ 247 Total number of valid ballots cast___________________________ 243 Total number of votes in favor of Lumber and Sawmill Work- ers' Union, Local No. 2881, Chartered by U. B. of C. and J. of A., A. F. of L.-------------------------------------------- 118 Total number of votes in favor of Lumber and Sawmill Work- ers' Union, Local No. 3, International Woodworkers of Amer- .ica ----------------------------------------------------- 122 Total number of votes in favor of neither_____________________ 2 Total number of blank ballots______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged votes--_______________________ 5 Total number of challenged votes sustained ------------ 4 Total number of challenged votes disallowed ----------- 1 Total number eligible voters not voting__________________ 6 Local No. 3 challenged the right of E. T. Bemis, electrician, R., G. Feely, retail shipping clerk, and Lewis Hall, yard stock clerk, to vote on the ground that they were supervisory employees within the meaning of the Direction of Election. Local No. 2881 challenged John Boudett, head filer, on the ground, that he was a supervisory 'employee within the meaning of the. Direction of Election, and Wil- liam Isakow, resaw loader, because, his name did not appear on the list of eligible employees prepared by the company for use at the election. In his Intermediate Report the Regional Director ruled that the first four employees were supervisory employees and there- fore not eligible to vote. He ruled that William Isakow was eligible because his name had been omitted from the list of eligible employees through inadvertence, but did not count his ballot because it,could not affect the outcome of the election. ' Thereafter Local No. 2881 duly filed' exceptions to the rulings -with respect to E. T. Bemis, R. G. Feely, and Lewis Hall,, and filed an alternative motion to reopen the case for additional testimony, but took no exception to the ruling. upon William Isakow. Local No... 3 filed no exceptions to the Intermediate Report in this case. ' In Section V of its Decision and Direction of Election,2 issued on April 11, 1939, the Board discussed the question concerning the ap- propriate unit and found certain facts in respect thereto. In accord- ance with these findings we excluded "office employees, foremen, and other supervisory employees" from the unit and hence from partici- pation in the ballot. Except for the ruling on the eligibility of Wil- liam Isakow which is hereby sustained, the challenges under consid- eration require that we construe this language of the Direction. We 2 See footnote 1, supra. 1178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD think it is clear from the record of the hearing on which our findings and Direction were based and, from the discussion in our Decision that the only supervisory employees excluded from the unit were foremen, and supervisory employees of rank equal to or higher than foremen. Applying the Direction of Election, as interpreted in the light of the entire record, to the facts found by the Regional Director in his Intermediate Report, we find that E. T. Bemis, R. G. Feely, and Lewis Hall were eligible to vote. John Boudette, as head filer, exer- cises the same supervisory authority as a foreman and his ballot was properly excluded by the Regional Director. Accordingly, the ex- ceptions to the Intermediate Report filed by Local No. 2881 are sustained with respect to E. T. Bemis, R. G. Feely, and Lewis Hall. The motion to reopen the case for additional 'testimony is hereby denied. On the basis of the entire record in the proceeding, the Board makes the following : DIRECTION 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 2, it is hereby DIRECTED that, as part of the investigation directed by the Board to ascertain representatives for the purposes of collective bargain- ing with Eastern Western Lumber Company, the Regional Director for the Nineteenth Region (Seattle, Washington ), shall, pursuant to the rulings of the Board set forth above , and subject to Article in, Section 9, of said Rules • and Regulations, within ten (10) days from the date of this Direction , open and count the ballots of E. T. Bemis, R. G. Feely, Lewis Hall, and William Isakow, and shall thereafter prepare and cause to be served upon the parties in this case his amended Intermediate Report embodying his findings thereon and his recommendations as to the results of the secret ballot.